EOHR calls for applying the International Convention Against Torture on the issue of “Khalid Said”

July 1st, 2010 by Editor

EOHR followed with a great concern the decision issued on Wednesday 30/6/2010 by the Advocate General  – Alexandria Appeal Prosecutions with keeping both of Mahmoud Salah Mahmoud, police corporal and Awad Ismail Soliman, police sergeant, in custody for 4 days pending investigations after accusing them of using cruelty and assaulting Khalid Said, it calls for applying the International Convention Against Torture.

Mr. Hafez Abu Seada welcomed the decision, however he stressed on the importance of amending national legislation and in particular Article 126 of the Penal Code to conform with the International Convention Against Torture, ratified by the Egyptian government in 1986 which has become an integral part of its domestic law in accordance with Article 151 of the Constitution.

Mr. Abu Seada added that there are legislative defects in the Egyptian law about the definition of torture crime which is not convenient to the International Convention Against Torture, as it defines torture as any and all pain or physical or mental torture, and it also doesn’t stipulate to obtain confession as the Egyptian law states, issuing legislation  states the civil prosecution right to litigate directly before criminal courts in crimes of assaulting on personal freedom or life sanctity of citizens, including the crimes stated in the Penal Code article No. 126 which sentenced every one tortured suspect to obtain confession and articles 282,280, which punished the illegally arrest.

The chairman of EOHR, called the parliament for adopting the bill which has been prepared by EOHR to combat torture, he called the government for an immediate response to the recommendations issued by  UN Human Rights Council in Geneva concerned with torture, and to amend  articles 126,129 of the penal code to be convenient with the International Convention Against Torture and join the optional protocol for combating torture and inviting the rapporteur to visit Egypt and amend prisons’ regulation.

EOHR appealed the public prosecutor and the Minister of Interior to continue in adopting the policy of referring the perpetrators of torture crimes to speedy trials, hoping that this policy will be able to eliminate this kind of crimes in prisons and police stations, also EOHR is calling the Interior Minister upon issuing restricted orders to the police personnel to be obliged to the constitution rules and the law on dealing with citizens, and questioning every body who violates the rules of the constitution, so as to protect the right of the Egyptian citizens in their physical integrity and personal security.

It is worth mentioning that EOHR has launched a campaign on Monday 28-6-2010 to combat the phenomenon of impunity which will last for 18 months, the campaign will cover Cairo and a number of other Egyptian governorates in north and south Egypt, the first event of the campaign was setting a bill for the amendment of some of the articles of Penal Code (126,129,280) and some of the articles of the Criminal Procedures code (63,232).

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