In the case of Khaled Saed

January 24th, 2011 by Editor

EOHR and the Lawyers of the Plaintiff Demand Adding Articles 126 and 234 of Criminal Law to the Rest of the Articles of the Accusation

 

Circle 14 of the criminal court of Alexandria has resumed the sixth session of the trial of the two detectives accused of using cruelty with the young Khaled Saed on Saturday the 21st/1/2011. The plaintiff’s civil lawyers have demanded adding articles 126 and 234 of criminal law[1] to the file of the case and excluding article number [2]129 and amending the incident from “using cruelty” to “torture leading to death”. The court has finally delayed the case to the session of the 26th of the coming February to hear the defense of the accused. 

On his side, Mr. Hafez Abu Saeda, the cassation lawyer and a member in the defense body of the plaintiff and the chairman of EOHR[3], demanded that the International Convention against Torture is applied on the case after the amendment it has introduced to Article 126 of the criminal law as it has canceled two main conditions to give the status of “torture” to a crime. These conditions used to dictate that the plaintiff has to be a suspect, and the act of torture must be done for the purpose of extracting confessions for a crime to be considered “torture”. Article 126 now punishes the torture of anyone with the purpose of extracting confessions or with no purpose thus relying on the verdict of the High Emergency State Security Court in the case of the strike of the railway workers in 1989 which mainly referred to the International Covenant on Economic Social and Cultural Rights (ICESCR) which has been ratified by the Egyptian government and thus became part and parcel of the Egyptian domestic law according to article 151 of the constitution. This also applies for Egypt’s position regarding the International Convention against Torture.

Abu Saeda has declared that he joins in the request of the general prosecution to exclude article 129 from the case’s file and to replace it with the second clause of article 282 of the criminal law which punishes the wrongful unfounded arrest of people and threatening them with death or tortured them physically  with the temporary imprisonment with hard labor. He emphasized that this demand goes along with adding articles 126 and 234 to the file of the case. 

Dr. Rafaat Nawarah, the lawyer in cassation and a member of the civil defense of the plaintiff, has made a plea of voidness against the report of forensic medicine which stated that swallowing a package of drugs is the cause of death. He confirmed that report is considered legally null because it has been issued by a doctor who’s not acknowledged by Egyptian Law as he graduated less than 8 years ago.

Within that context, the Chairman of EOHR renews his appeal to the parliament to adopt the draft bill prepared by EOHR in 2003 to amend some articles related to torture in the criminal law (articles 126, 129 and 280) in addition to criminal procedures number 63 and 232. He added that the draft has confirmed the importance of amending the definition of the crime of torture in Egyptian law to make it compatible with the International Convention against torture to face the phenomenon of escaping punishment. This draft also seeks to toughen the penalty against the perpetrators in crimes of tortures, and to invalidate the possibility of using compassion and extenuating circumstances for the penalties.

Abu Saeda has recommended the necessity of signing the two declaration pointed to articles 21 and 22 of the International Convention against Torture by the government. He also recommended that the special raporrteur on torture is allowed to visit Egypt and that the state of emergency imposed since 1981 until now is lifted to go back to constitutional legitimacy.

It’s noteworthy that “Khalid Saed Muhammad” -28 years- has been in an internet café in the area of Cleopatra in Alexandria Governorate during which two detectives from Sidi Gaber police station have entered the café. They have attacked the Saed and cruelly beateb him and dragged him over the stairs of the café which led to his death due to the torture he has been through. His family have reported the incident to the general prosecution under registration number 1545 of the year 2010. EOHR has supported the family since the beginning of the case and until now.

 

 

 


 

[1] Article 234 states that: “who kills a person without premeditation or deliberation is punished by imprisonment with hard labor for life or temporarily”. Article 126 states that “every employee ordered to tortured a suspect or something similar to extract their confessions is punished by imprisonment with hard labor or three to ten year imprisonment. If the victim dies, they are punished with the penalty of deliberate murder”

[2] Article 129 states that: “every employ or public servant who uses cruelty with people relying on his position in a way that violates their honor or cause them physical pain are punished with imprisonment for a duration that doesn’t exceed a year of a fine not more than two hundred Egyptian pounds”.

[3]  Attached is the memorandum

Click Here to view the memorandum

 

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