March 16th, 2014 by Editor
the Egyptian Organization for Human Rights Submitted in 13 March 2014, its report on Egypt for the United Nations’ Universal Periodic Review UPR to The UN human rights council for the year 2014. This is to be discussed at its session for Egypt in October.
The UN human rights council adopted the recommendations about Egypt in February 2010. They included 165 recommendations out of which government approved 140. However, the government didn’t adhered with most of these recommendations, Since they didn’t amend the law of nongovernmental organizations, it didn’t comply with most of the recommendations on the women rights. In addition, government didn’t comply with the recommendations on the reform of articles about torture in the penal law.
EOHR’s report for this year, addressing several essential points about the human rights situation in Egypt, especially since the outbreak of the 25 January 2011 revolution, until the date of writing, the most important of these points:
Law No. 64 of 2010 on fighting human trafficking, which adopts a comprehensive approach to combat this crime, Cancellation of the emergency law, and promulgation of the constitution of 2014 was among the positive developments in Egypt. This constitution included a package of articles on human rights. However, till the date of writing the report, the legislations and laws were not amended to promote human rights, including the law against torture.
Human rights and fighting terrorism
EOHR assured its condemnation of set of terrorist events that Egypt witnessed, especially during the period that followed the 30 June 2013 and the occurrence of many terrorist acts, and then the organization called government to comply with the international laws and standards on the classification of terrorist organizations.
No proper legislative development was made to set the effective remedies and procedures for protection of persons against torture, The current legislations and procedures are still defective. EOHR reported about (53) torture incidents in 2010 and (694) in 2011. during 2012 about (165) exemplary incidents of torture of citizens in the police stations. This phenomenon arose to a large extent under the time of Morsi; Over 143 persons were killed.
Conditions of prisons
there are several basic factors that contributed to the deterioration of the conditions of prisoners, including the malnutrition, crown in cells, lack of sufficient ventilation, spread of epidemic and pulmonary diseases, prevention of the visit, prevention of education, maltreatment, suffering of the families of prisoners during the visits.
Expansion of protective custody:
EOHR emphasizes that the amendment of some rules of the law of criminal procedures promulgated by law 150 of 1950, is a violation of the rights and guarantees of the accused prescribed and governed by the international charters and legislations”, which assured that the protective custody shall be complied as precautionary measure to assure the validity of investigations.
On 18 August 2013, 36 detainees of the Muslim Brotherhood died during their deportation to the prison.
The Egyptian law doesn’t provide direct legal text on the definition of enforced disappearance or its criminalization or the imposition of penalties against its Perpetrators. In addition, the penalties prescribed in the case of unjustified arresting or confinements are weak.
The Right to Assembly and Organization (NGO’S Situation in Egypt):
Law (84) of 2002 and its executive regulation is still enforceable and applies to date, which doesn’t add any development to the civil society, rather it impedes their movement and their right to perform their activities due to restrictions imposed by law to prevent such creation.
Right to peaceful gathering:
there are many impediment laws in the legislative system, including Law 10 of 1914 against gathering and law 14 of 1923 on protests and demonstrations, the decree by law No 107 of 2013 on the organization of the right to general meetings, processions and peaceful demonstrations in November, 2013, to organize, the right to peaceful gathering and demonstration, which infringes with the constitutional principles provided in the 2014 constitution.
Freedom of religion and thought:
The recent years witnessed incidents of religious dissension against the Copts and Shia’as, in which The government must deal with these issues in it’s process before the bud to worsen on the scene.
Freedom of Opinion and Expression:
2011 witnessed several violations of freedom of opinion, especially during the 25th January revolution, and It became darker during president Morsi’s era, as there was the constitution to restrict the freedom of expression
Right to fair and just trials:
Mubarak regime used to use the military trials tool against its opponents. After the fall of the regime, civilians were referred to the same courts. the 2014 constitution stipulated the possibility of trial of civilians before the military. However, this article accurately defines the crimes where civilians are referred to military courts.
Discrimination against women:
The legislative apparatus is still full of much legislation that allows discrimination against women, including the uniform labor law 12 of 2003. However the 2014 constitution stated for more political rights for women.
Fighting human trafficking:
African immigrants to Egypt suffer several violations that started from fraud by the smuggling guerillas, passing the harsh desert waiting the proper time to go to Israel, ending by killing or detention in Egypt. This is considered an astounding violation of the Refugee Convention (section two of article 33 of the 1951).
EOHR suggests amendment of both laws: penal and criminal procedures regarding the crimes of elections, to make it possible to institute direction actions against civil officials who commit crimes during the progress of elections or the crimes related to elections to influence the integrity and fairness of elections.
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