Egyptian Organization for Human Rights (EOHR) demands that the general prosecutor will authorize the immediate release of Hussam Hassan who is detained in Al-Obour police station.

December 27th, 2010 by Editor

EOHR is expressing its grave concern regarding the incident of holding the citizen “Hussam Hassan Mustapha” in custody in Al-Obour police stations in one of the Investigation Unit rooms where he was abused and treated with cruelty since the 2nd of December, 2010 and until the present day. This constitutes a violation of the constitution and the international human rights-related conventions.

The EOHR has received a complaint from the family of Mustapha on 19/12/2010 stating that the 21 year old Mustapha was led by a security force from the police stations of Shubra Al-Khima and Al-Obour to the Al-Obour police station where he was held in custody in one of the Investigation Unit rooms.

On the following day, 3/12/2010, he was led to the police station of Abu Za’bal where he has been detained until now in one of the detention rooms in the ground floor without any legal ground. He has been tortured and abused during the period of his detention to force him to give information regarding a murder case as alleged by those who complained (1). 

The lawyers of EOHR have gone to the Al-Khanka prosecution office to report the incident for investigation and for the prosecution office members to go to the location of detention in Abu Za’bal police station which falls within the jurisdiction of the Al-Khanka prosecution office. However, they have been shocked to find that the members of the prosecution office declined to receive the report or investigate it claiming that there is a conflict regarding the territorial jurisdiction of the prosecution office.

On the following day, the lawyers of the organization went to the general prosecution office of Benha which started an investigation regarding the EOHR report which was registered under number 2658 for the year 2010 within the indictments of the general prosecution office in Benha. The investigations ended with the issuance of a search warrant. 

Mr. Hafez Abu Saeda, the chairman of EOHR, has stated that the incident is considered an “arbitrary detention” as long as there is no legal ground for the detention, emphasizing that it also constitutes a flagrant violation of the constitution and the international conventions which deal with the rights to freedom and personal security. He also stressed on the necessity of abiding by the International Convention on Civil and Political Rights (ICCPR), particularly article 7 which guarantees the right to freedom and personal security, and Article 9 of the International Declaration of Human Rights which states that: “no one shall be subjected to arbitrary arrest, detention, or exile”. 

Abu Saeda has demanded that the General Prosecutor would quickly intervene in the case to release Mustapha and to discover the reasons behind his detention since the beginning of December 2010 until now especially that those subjected to arbitrary arrest are usually detained in bad circumstances amounting to the extent of cruel and inhumane treatment. 

The chairman of EOHR has emphasized the necessity of adopting the draft law prepared by the EOHR for countering torture regarding the amendments of criminal law and its procedures. He called on the government to immediately respond to the recommendations issued by the International Council on Human Rights in Geneva regarding terrorism including the amendment of Articles 126 and 129 of the criminal law to go along with the International Convention Against Torture, accession to the optional protocol for countering torture and inviting the Special Rapporteur on Torture to visit Egypt.  

 (1) taking into consideration that the EOHR has reported the incident to the General Prosecutor under registration number  21319 dated 20/12/2010

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