EOHR issued its report: “the crime of torture and the continued impunity after the revolution of the thirtieth of June”

November 10th, 2013 by Editor

On Sunday, corresponding to 10th of November 2013, EOHR issued its report which is entitled: “The crime of torture and the continued impunity after the revolution of the thirtieth of June,” which deals with the monitoring, documentation and reality of the crime of torture in Egypt, as well as typical cases that have been monitored to torture and ill-treatment within the centers, police stations and places of detention, torture resulting to death, and documentation of these cases.

EOHR spotted in this report that the crime of torture was one of the main factors that contributed to the outbreak of the revolution of the 25th of January of 2011 because of the practices carried out by the security services and the wide spread of the phenomenon of torture in departments and prisons.

The interest of EOHR is to fight the crime of torture and end the immunity of impunity. This report issues within the continued campaign to stop the phenomenon of torture and anti- policy of impunity which is based in substance on the monitoring and documentation of a group of cases of torture and ill-treatment, which is based on the testimonies of the victims, complaints, reports of the families of the victims, the investigations conducted by prosecutors, forensic reports and other good reports that documented torture.

The report monitors the phenomenon of torture, police officers ill-treatment and abuses against citizens; the conclusion of these abuses is often a flagrant violation of the right to life. It also reveals the reality of cases which are monitored by the organization. Most cases of torture and ill-treatment of citizens take place in police stations by police officers immediately after they are being arrested and before being brought before a competent prosecutor, in order to force them to confess living crimes. These torture cases are not only practiced against the accused or the suspected detainees, but also against their families, parents and wives in order to force them to give information that condemns their relatives or even give information about whereabouts of the disappeared. And the report monitors some cases of torture without any apparent justification.

In this context, EOHR’s report is ” the crime of torture and the continued impunity after the revolution of the thirtieth of June,” including a group of sections; first section entitled: “torture and the legal problems as a means of impunity, the second deals with patterns and forms of torture and ill-treatment in Egypt, and the third deals with typical cases, and finally recommendations demanded by the organization.

The conclusion of the report is a set of recommendations, including a set of actions that will reduce the crime of torture, which are represented in the following:

Recommendations addressed to Mr. Attorney General:

–          There is a need for issuing quick instructions to gentlemen and agents of the Public Prosecutor to conduct thorough, impartial and quick investigations in all complaints of ill – treatment of citizens and illegal detention filed against the police forces and the announcement of the results; those investigations of public opinion.

–          Activate the text of Article 42 of the Code of Criminal Procedure, 27 of the Judiciary Law which is, that members of the prosecution carry out unannounced inspections visits to all places of detention, and to talk privately with the detainees, and register their complaints, if there is any.

–          An immediate, forensic medical examination of individuals who claim they were tortured or ill-treated.

–          Work on urgent and forensic reports in order to complete the investigations quickly-

–          Work on quick referrals to an immediate trial of those found guilty of crimes of torture and ill-treatment.

–           Allow human rights organizations access to places of detention and to speak to detainees incommunicado.

–          Ensure that persons who have been exposed to torture and arbitrary or unlawful detention in the context of investigations on an immediate and fair compensation.

 

Recommendations addressed to the Minister of the Interior:

To train police officers, including traffic officers and officers who are in scattered ambushes in human rights’ fields as an essential part of the programs which is; to strengthen the capacity of police and security services, including a component on ending the use of torture and other cruel, inhuman and degrading treatment for the purposes of investigation or punishment.

– Increase awareness of human rights among police officers, either through the teaching of human rights in the faculties and police institutes or holding training courses for police officers on human rights in general and the seriousness of the crime of torture in particular.

– Ensure that all detainees are set before a judicial authority within 24 hours of being arrested according to the law.

-To guarantee family members the right to contact the detainees immediately.

– Ensure that the detainees are held in specified places of detention, where the doors of these places are open to public inspection, independent observers, parents and lawyers.

– The Ministry must open a thorough and impartial investigation in cases of ill-treatment, torture and illegal detentions and must do an investigation of the non-referral complaints of the citizens and announce the result of this investigation, including the disciplinary actions that have been taken as a result of this investigation and the names of the ones who have been disciplined.

– The need for an investigation of all citizen complaints, which are sent by the organization and send feedback on the outcome of the investigation.

– The need for recognition of representatives of human rights organizations and allowing them to access and view the places of detention.

 

 

 

Recommendations addressed to the Government:

– The state must take legislative measures that lead to the sanction of violation on public rights and freedoms which are protected by the Egyptian and international law to ensure deterrence to such persons and compensate the victims’ adequate compensation.

– Decide quickly on the project, made by the organization, in which they presented some provisions amendments of the Egyptian Penal Code in articles 126 of the Penal Code to reconcile the definition of torture and the definition contained in Article 1 of the Convention against Torture, as well as article 129 of the Penal Code which is about the officials use of cruelty. Article 280 is about unlawful detention. The punishment commensurate with the gravity of the offenses and the classification of such crimes is as felonies and not as misdemeanors.

– Demand that the government fully respects and commits to the principles and commitments of ill-treatment, illegal detention and torture as contained in the International Covenant on Civil and Political Rights, the Convention against Torture and other cruel, inhuman and degrading treatment (Convention against Torture), the Arab Charter on Human Rights, and the Egyptian constitution.

-Put pressure on the government to ratify the Optional Protocol to the Convention against Torture, which allows for independent international experts to conduct regular visits to places of detention, located on the territory of a Member State, in order to assess the conditions of detention and make recommendations for improvement.

 

Recommendations addressed to the President of the Forensic Medical Authority:

– The need to work fast on injuries examination of those individuals who claim they were tortured or ill-treated and write clear and neutral reports that do not allow impunity, if there is any proof.

– Work fast on reporting immediately after the examination of cases and send them urgently to the public prosecutor in order to complete their procedures.

 

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