The Criminal Court in Cairo preserves the case of torturing 5 citizens to pass its verdict.

September 26th, 2013 by Editor

The Criminal Court in Cairo has decided to preserve the case of prosecuting 3 state security police officers, who are accused of detaining 5 citizens, stripping their clothes off, and torturing them based the intention of obtaining confessions from them about joining prohibited groups. The court has preserved the case for the 31st of October session, this year, to pass a verdict on the defendants.

Counselor, Moustafa Mokhtar, the investigating judge who was mandated by the Minister of Justice, has referred the defendants to court; as Brigadier-General, Emad Syaam, during the period from 1987 to 2009, has tortured 3 citizens in Abdeen Police Station. The 3 victims are Soliman Al-Abd Abu Bakr, a 30- year- old teacher, Ahmed Sayed Abu Sarea, a 50 -year- old merchant, and Rafaat Tunsy Abd Al-Hameed. The defendant has stripped the victims off their clothes, electrifying them with electric shock in order to extract their confessions about joining the prohibited group of Talaa’ Al-Fath. On the other hand, the second defendant, Lieutenant Wael Mesilhy has tortured another victim called Mohamed Hassan Othman by stripping him off his clothes, chaining his hands behind his back, and electrifying him to force him to confess his participation in the resistance movement in Iraq as well as expiating the ruler. Finally, the third defendant, Colonel Walid Farouq has tortured the victim Hamed Mohamed Ali, a 39-year- old Architect; as he has beaten him up, cursed him, deprived him of food, imprisoning him in a solitary confinement based on the intention of forcing him to confess his participation in the bombing acts and funding of the Palestinian people; accordingly Public Prosecution has demanded the application of the force of law upon them.

In this context, EOHR asserts that those incidents are considered to be acts of torture according to the definition of torture in the Convention against Torture and other Cruel, Inhuman, and Degrading Treatment or Punishment; as Article 1 stipulates that, “. For the purposes of this Convention, the term “torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.”

Moreover, the Organization reasserts its demands of revising and amending penal legislations on the crime of torture, as well as abolishing different legislations that have provided a ripe environment for the crime of torture; as this crime became one of the methodologies used by the police. These legislations include Penal Code No.58/ 1938, Police Authority Law No.109/1971 which has opened the door for the use of force without any restrictions.

From his side, Hafez Abu Seada, President of EOHR, has asserted that the trial of the accused officials is an important and vital matter; as it represents a deterrent to whomever is persuaded to commit such a crime n the future. Also, this trial reflects the willing to face the crime of torture as it’s considered an infringement upon the right of personal freedom, personal security, and the right of life. He added that it’s important for the state to put a clear policy of combating torture and punishing the committers of that horrible crime.

Finally, Abu Seada stressed on the necessity of amending the Egyptian legal structure concerned with the crime of torture to be compatible with the international conventions and agreements on human rights, as well as putting clear restrictions and controls to prevent the spread of that crime in Egypt, and adjusting the environment that helps in spreading that crime.


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