A Life in Danger

March 6th, 2011 by Editor

The Egyptian Organization for Human Rights Demands that the General Prosecutor Discloses the Whereabouts of Citizens “Abd al-Fattah Muhammad Abd al-Fattah: and “Muhammad Sayid Abd al-Bar Shabib

The Egyptian Organization for Human Rights (EOHR) expresses its grave concern regarding the information it has received concerning the disappearance of citizens: “Abd al-Fattah Muhammad Abd al-Fattah” and “Muhammad Sayid Abd al-Bar Shabib”. EOHR demands their speedy release in fear for their lives.

EOHR has received complaints from the families of the above mentioned on Sunday 6/3/2010 which came as follows:

The incident of the disappearance of citizen Abd al-Fattah Muhammad Abd al-Fattah:

His family stated in their complaint that:  “Abd al-Fattah is 36 years old and married supporting two children. He is a cab driver. He has disappeared on 26/8/2006 and the family could not get any information in his regard since that date. The family has received a phone call from a person during December 2010 which stated that the above mentioned is al-Ab’adeya prison in Damanhour. However, the family could not reach or visit him.” Throughout those years, the family has filed many complaints and reports to several concerned entities including report number 8282 for the year 2006 in the administrative record of Hadayek al-Qubba. However, they have received no response until now.

The incident of the disappearance of citizen/ Muhammad Sayid Abd al-Bar Shabib:

The family stated in their complain that: “Shabib is 20 years old and has disappeared on 7/10/2008 from his residence in the city of Assuit where he studied at the Institutions of Irrigation and Surveying. The family could not get any information regarding him since that date. The family has very strong doubts that he is one of the detainees whose names were never disclosed.”

Throughout the years of his disappearance the family has submitted a number of complaints to many concerned entities including report number 16693 for the year 2008 in the administrative record of Helwan. However, they have not received any response so far.

In that regard, EOHR confirms that the phenomenon of enforced disappearance is considered a violation of all basic human rights including the right to life, the right to liberty and personal security, the right to the security of personal from torture and the right to fair trial before impartial courts which are all protected under the international conventions of human rights and the Egyptian constitution.

On his side, Mr. Hafez Abu Saeda emphasized that the Egyptian law does not include a direct legal text that defines or criminalizes enforced disappearance let alone punish its perpetrators. However, the constitution and the texts of national legislation include many legal texts which have the ability to prevent or limit the occurrence of enforced disappearance if applied by the concerned authorities. These texts include articles 41, 42 and 57 of the constitution.

Article 280 of the penal code criminalizes the arbitrary arrest or detention of persons without an official order from the concerned authorities. Within the context of the national criminal legislations, article 40 of the law on criminal proceedings stated that: “no arrest or detention should take place except through legal order from the concerned authorities. The arrested or detained persons must be treated in a way that protects their dignity and may not be physically or mentally harmed.”

Abu Saeda demanded that a special legislative amendment be made to criminalize enforced disappearance and all its associated acts and that punishes all those who participate in, contribute or incites such acts. He also emphasized the necessity of the quick resolve of the reports submitted by the human rights organization by the general prosecutor in cases of enforced disappearance and to disclose the legal measures taken in the submitted cases thus declaring the results of the investigations in these cases to the public,

 



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