One month imprisonment in the case of torturing ” Shadi Maged Zaghloul

May 4th, 2010 by Editor

On 3/5/2010 October Misdemeanor Court sentenced three officers of 6th  October police station to one month imprisonment with labor and a fine of 200 L.E per each and compel them to pay 501 L.E for the provisional civil  compensation in the case No. 11933-299 of torturing Shadi Maged Zaghloul Ibrahim, Egyptian citizen.

The case’s events  go back to 2007 as Maged was arrested by a security force of 6th October police station on 14/10/2007 as he was accused in case No.   9383 -2007 Misdemeanor of trafficking drug materials – however Giza Criminal Court released him from this accusation. He was subjected to torture during the period of his detention inside the police station from 14/10/2007 to 24/10/2007,  he was tied from his hands to the back of his feet and there is a stick between them he hanged with , he was beaten in different places in his body by stick and electric wires the matter which led to his injury and caused deformation in his left foot and a permanent disability. When Maged was subjected to the prosecution he asked to prove his injuries and he accused three officers of Physical assaulting and torture, so the prosecution decided to refer him to the forensic medicine to prove his injuries as the Attorney General decided to charge the three officers with the torture using tools and the case was referred to 6th October Misdemeanor Court which issued its last decision.

EOHR sees that  such decisions  represent a deterrent to whom commit crimes of torture, but at the same time calling for harsher punishment that do not fit with the crime committed against not only victims but against humanity as well.

EOHR calls the  Egyptian government to ratify on the  two declarations indicated in articles (22 and 21) of the Convention Against Torture which the Committee Against Torture has the right  accordingly to take decisions on the complaints submitted by states or individuals related to  Egypt’s violation  to its commitments provided in the Convention on the torture crimes. Also it is necessary to ratify on the Optional Protocol of the International Covenant on Civil and Political Rights which allowed to the Commission of Human Rights to receive individual complaints concerning violations of the Covenant.

Also EOHR calls for the parliament to quickly settle the bill has already been prepared by EOHR for amending some articles concerning torture in the Penal Code articles (126 129 280) and the Code of Criminal Procedure 232.63), and amend the provision of Article 126 of the Penal Code to be in a line with the provision  of Article I of the Convention against Torture, ratified by Egypt in 1986, which defines torture as pain or physical or mental torture, it  is not required to be targeted to extract confessions only as the  Egyptian law states. Issuing  a new legislation to stated  the right of the civil prosecutor to make an immediate plea before the criminal court for crimes of violating personal freedom including such crimes  provided in articles 126-282-280 of the penal code and to cancel law No. 121 -1956 related to the amendment of article 63 of the Criminal Procedures Code.

Also EOHR calls the Interior Ministry and the public prosecution  to set rules, standards, controls and measures to monitor the performance of police officers, particularly in the investigation departments. Increase the number of training and cultural sessions for police officers, particularly the officers working in criminal investigations. These should be on how to deal with detainees in police stations, including respecting the citizens’ humanity, their fundamental freedoms that are provided in the constitution and international human rights instruments. Stating the organizations which work in the field of human rights and cooperate  with them. There should also be investigation into all their reports and to submit them to the Attorney General and the Minister of the Interior and provide information and the results of the investigations to them. Immediate criminal procedures should be taken against those accused of committing crimes of torture and unlawful detention and they should be transferred for immediate trial. Immediate investigation on the reports sent by organizations and individuals concerning  violations subjected by  detainees in prisons and detention places. The necessity of the public prosecution’s office to undertake periodic investigations into police stations and detention places to become acquainted with the legal matters of the detainees and to seize the tools used in torture crimes.   

 

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