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1/6/2002
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The situation of human rights in Egypt Annual report 2003
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Part Two
Human rights violations in 2003
Chapter 1
The right to life
The right to life is at the forefront of fundamental rights inviolable even in exceptional situations. Article 6 of the ICCPR states:
Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.
Despite this EOHR continues to monitor flagrant violations of this right by the Egyptian authorities in a manner which completely contravenes the Egyptian Constitution and international human rights instruments.
EOHR reports published in the 1990s consistently found violent confrontations between security forces and armed Islamic groups to be the principal cause of the violation of the right to life. The widening of the issuing and implementation of death penalty sentences issued by military and emergency supreme state security courts against members of these Islamic groups constituted an additional violation of the right to life.
Violations of the right to life continue unabated despite confrontations between security forces and Islamic groups having ended. The principle source of the violation of this right is now torture inside police stations, a violation of Constitutional provisions and international human rights instruments.
In this report, EOHR records eight cases of the violation of the right to life that occurred in 2003, all of which took place inside police stations. EOHR has strong suspicions that the death of the victims concerned was due to their being subjected to torture - suspicions that were in some cases confirmed by judicial verdicts.
Below are listed some of the most important cases concerned with the right to life monitored by EOHR during the course of 2003.
Abdallah Rizq Abdel Latif Rizq
An 12 year old from the 6th District of 6th October City.
On the 23rd May 2003 Rizq was arrested by the 6th October police force while he was in the vicinity of the city's youth club. He was led to the police station without legal cause and without being presented with a charge. According to Rizq's father, other detainees confirmed witnessing his being tortured and given electric shocks inside the investigations unit by the assistant investigator and other policemen throughout the duration of his detention. Rizq remained in detention until his death on the 30th May at 11.30 a.m.
According to statements made by his father Rizq's body bore several wounds:
Burns to the right and left arms
Burns at the bottom of the neck
Burns and bruising to the chest
The family presented a complaint to the public prosecutor's office which viewed the body and corroborated the injuries. A forensic report found that Rizq had been subjected to electric shocks causing coronary disturbance and eventually leading to heart failure, the cause of death. The public prosecutor's office is to date still pursuing its investigations of the case.
EOHR presented a complaint to the prosecutor general and interior minister.
Ahmed Mohamed Ahmed Amr
A 35 year old resident of Azbat Khadar, al- Mahalla al-Kubra.
On the 2nd July 2003 Amr was arrested by members of the 1st al-Mahalla al-Kubra police investigations unit without legal cause and without being presented with a charge. He was detained in the police station until the 6th July and during this period severely tortured. A police officer injected him in the sole of his right foot with a dirty hypodermic needle which led to serious complications. He contracted Gangrene and blood poisoning and was consequently the al-Mahalla al-Kubra district hospital which transferred him to Samanoud public hospital. He stayed there four days until his death on the 6th July after a serious drop in blood pressure.
The family presented a complaint to the public prosecutor's office. A forensic report confirmed that the death was due to a serious drop in blood pressure caused by Gangrene. The public prosecutor's investigations were ongoing as this report went to print.
EOHR presented a complaint to the prosecutor general and interior minister.
Ragab Mohamed Afify Zayed
A 32 year old volunteer soldier working in Minya el-Qamah, Sharqiyya district.
On the 16th July 2003 a police officer stationed at the Minya el-Qamah detained Zayed inside the police station after he was accused of stealing a military weapon during his guard duty of a weapons store. During his detention he was beaten and severely tortured until his death later the same day. His body was taken to the soldiers' dormitory and hung from the roof to make it look like he had committed suicide. Colleagues of Zayed who witnessed the events confirmed that he was subjected to torture and electric shocks which according to statements given to EOHR representatives by his family led to his death.
According to statements made by his father Zayed's body bore several wounds:
Bruising to his lower back
Bruising to the bridge of his nose
The family presented complaints to the public prosecutor who ordered that a forensic examination be carried out. The forensic report confirmed the complete absence of any evidence that Zayed had committed suicide.
EOHR presented a complaint to the prosecutor general and interior minister.
Mohamed Abdel Sitar al-Roubi
A 26 year old electrical engineer resident in Tabhaar, Fayyoum.
On the 12th September 2003 state security forces burst into al-Roubi's home, arrested him and detained him in Fayyoum's state security investigations headquarters without any reason. His passport and some of his personal possessions were seized. This situation continued until the 14th September when the Fayyoum state security investigations unit summoned al-Roubi's father. He was informed that his son had died, and was told that he had committed suicide inside the headquarters. Al-Roubi's father obtained permission to bury his son and made all the necessary preparations for his burial. When he went to collect the body from Fayyoum general hospital staff from the casualty department informed him that they had received his son's body and that it bore several wounds.
The family told the EOHR investigations group that the body did not bear marks of suicide but rather bore the following injuries:
Broken skull
Numerous injuries to the head which were still bleeding profusely
Deformation of the skull and sutures to the scalp
The family sent a complaint to the public prosecutor requesting that he investigate the case. A forensic doctor was appointed to determine the cause of death, and investigations were still ongoing as this report went to print. The family have been subject to extreme pressure as a result of their presenting a complaint, and the victim's brother is currently in Wadi Natroun prison.
EOHR presented a complaint to the prosecutor general and interior minister.
Mohamed Abdel Qader As-Sayed Amin
31 years old, resident of Medinat as-Salem.
On the 13th September 2003 Amin was summoned to Hadeyak al-Qubba police station by the state security investigations unit. The following day he was questioned about his brother Sameh and told to return to the investigations the next day with his brother. His ID card was taken from him. The two brothers returned to the police station the day after (15th September) but were released and told to return the following day. On the 16th they returned and were detained until the 21st. During their detention Mohamed Amin's wife went to visit him and was told by her husband that he had been severely beaten for long periods of time to the extent that he was unable to stand up. Indeed, he was so weak as to be unable to continue talking with her. On Sunday the 21st Amin's wife again went to visit her husband but was informed that he was ill and in al-Sahel Bashbara hospital. The family went to the hospital and was told that their son had died and been taken to Zeinhum post-mortem Centre on the 22nd.
The family's complaint listed the following injuries to the body
Removal of the fingernails
Bruising and various injuries to the scalp
Bruising and grazing all over the body
The family presented a complaint to the public prosecutor and interior minister. Investigations are still ongoing.
EOHR presented a complaint to the prosecutor general and interior minister.
Mahmoud Gabar Mohamed
A 25 year old coffee shop waiter resident in Zaafaraan, Sayeda Zeinab.
On the 4th October 2003 Mohamed was arrested by policemen stationed at Sayeda Zeinab while he was returning from work and led to the police station. He was detained there until the 7th October when another detainee at the police station informed Mohamed's family that he had died and that they should go to retrieve his body. When the deceased's brother attempted to find out what had happened to his brother he was informed by one of the detainees in the police station that he had been subjected to severe torture for three days until his death. The health inspector's report confirmed the presence of bruising and injuries to the body.
The family demanded that the public prosecutor investigate his death. The police report was published and a forensic doctor appointed to conduct an autopsy. The investigations are still ongoing.
EOHR presented a complaint to the prosecutor general and interior minister.
Mahmoud Mohamed Mahmoud Tammam
A 65 year resident of Ain Shams.
On the 27th October 2003 policemen in civilian clothes burst into Tammam's home in order to arrest his oldest son on a charge of burning a hut. Tammam attempted to question them about what authority they had from the prosecutor general or at least establish that they were policemen. The men attacked Tammam and his family and fired shots into the air in order to disperse bystanders. A police investigations unit assistant beat Tammam with a pistol on his chest until he lost consciousness. When the family tried to pick him up from the ground and seek medical assistance they were prevented from doing so. Some of the deceased's sons were detained in order to prevent them from filing a complaint at the time of the events.
The family presented a complaint to the public prosecutor in order to free their detained sons. They sent faxes to the attorney general and interior minister.
EOHR presented complaints to the head of the public investigations and control department interior ministry as well as the head of the ministry's department of public relations and the attorney general.
Musaad Sayyed Mohamed Qutb
A 43 year old accountant with the General Union of Accountants resident near Imbaba airport.
On the 1st November 2003 state security investigation forces arrested Qutb and led him to their headquarters where he was detained on a charge of belonging to the Muslim Brotherhood. During the period of his detention he was severely tortured, which led to his death on the 4th November.
According to statements made by his Qutb's family his body bore several wounds:
Bruising above the right eyebrow and blood clotting to the lower lip
Bruising to the right wrist
Bruising on the lower right arm
Blood clotting to the lower back
The family presented a complaint to the public prosecutor whose investigations confirmed the presence of injuries on the body. Forensic examinations have been carried out the investigations are still continuing.
EOHR presented a complaint to the public prosecutor and interior minister.
Chapter 2
The right to freedom and personal security
The right to freedom and personal security is one of the foremost freedoms and constitutional and human rights. It is an indispensable human right, and people must therefore be protected from arbitrary imprisonment, detention or restriction of movement. This can only be done through the implementation of procedures enshrined in the law. The law as it currently exists is capable of protecting this right, and lays down sanctions for its infringement.
2003 witnessed continuing violations by the Egyptian authorities of this right. It was not only individuals with political affiliations whose right to freedom and personal security was infringed; rather people with no apparent political inclination were imprisoned under the "criminal detention" policy. There has been a widening in the number of detention orders issued by police officers which is attributable to the growing tendency of security bodies to illegally resort to powers conferred on them by the Emergency Law without legal justification, a practice which leads to torture and mistreatment.
During the course of 2003 EOHR monitored four principal sources of the abuse of the right to freedom and personal security:
1. Torture and mistreatment in police stations
The Egyptian Constitution and Criminal Procedures Code reflect the seriousness of the crime of torture and the invalidity of confessions gained through violations of bodily integrity and human dignity. The Egyptian Government ratified the CAT in 1986, and it was automatically incorporated into Egyptian law under article 151 of the Egyptian Constitution which provides that ratified international treaties are an inseparable part of Egyptian legislation and obliges the Government to respect and uphold obligations stemming from these treaties.
In practice torture is a daily, systematic and widespread practice in Egyptian police stations, state security investigations headquarters and prisons. It is used to extract confessions from those accused or suspected of a crime, from the relatives of the accused or from "pawns" - relatives of fugitives. Torture is also used to frighten or terrorise individuals or witnesses into giving evidence against others. A large number of individuals have died as a result of torture.
EOHR has fought torture since it was founded in 1985 and places this violation at the forefront of the abuses it monitors. It has submitted three reports to the United Nations Committee against Torture in Geneva. The last of these was a joint report with the Organisation mondiale contre la Torture (OMCT) prepared in 2002.
In 2003 EOHR launched its campaign against torture. This campaign has revealed that extent to which torture is a systematically employed practice that requires a tough legislative stance in order to combat it. During the course of 2003 EOHR convened a number of workshops out of which came a draft law proposal to amend some of the existing provisions concerned with torture in the Penal and Criminal Procedures Codes. The draft law proposes:
Amendment of the definition of torture in Egyptian legislation to bring it in line with international documents such as the CAT in order to prevent individuals escaping punishment
Toughening of the penalty for torture
Implementation of the right of torture victims to bring direct criminal claims against their torturers
Amendment of Articles 126, 129 and 280 of the Penal Code and Articles 63 and 232 of the Criminal Procedures Code.
Torture cases monitored by EOHR in 2002
Khaled Fouad Sayed Ali
A 37 year old café owner resident in Sharabiyya.
On the 15th February 2003 Ali was arrested by security forces in front of his house and detained in the police station in order to force him to give information about the whereabouts of his brother. During his detention he was beaten and tortured, and suffered the following injuries:
Grazing to the arms and legs
Cut below the right eye and bruising around it
The family presented a complaint to the security department, district attorney and interior ministry. EOHR presented a complaint to the Interior Minister and the district attorney.
Shayma Rashed Ismail
A 25 year old from Sharbiyya.
On the 18th February 2003 Ismail, accompanied by friend of her sister went to the Sharbiyya registry office in order to get a new personal identity card. In the process of doing so an argument broke out between Ismail and the secretary of the registry office. A police officer was called to separate them. He took the secretary's side and started beating and insulting Ismail and her friend. They were taken to Sharbiyya police station and beaten further; Ismail was beaten in her right eye, which had previously been operated on causing serious damage to the cornea and complete blindness. Her friend suffered serious injuries all over her body and spent a long period of time in intensive care. She did not regain full mobility.
The family presented complaints to the public prosecutor and the Interior Ministry. The public prosecutor is still conducting its investigations.
EOHR presented complaints to both the Interior Minister and prosecutor general.
Safa Mohamed Ali
A 37 year old from Sharbiyya.
On the 15th June 2003 members of the Sharbiyya police force burst into Ali's home looking for her husband in connection with a charge of possessing and firing a weapon without a licence. He was charge and released on 1,000 LE bail.
The police force then led Ali to the police station and beat her all over her body, removed her veil, insulted her and threatened her with rape. She was detained in a room known as the "fridge," where torture is carried out.
The family presented a complaint to the public prosecutor and sent telegrams to the Interior Ministry and prosecutor general.
EOHR presented complaints to both the Interior Minister and prosecutor general.
Samir Ahmed Moustafa Mabrouk
A 40 year old from Khalfiyya.
On the 23rd December 2002, while Mabrouk was in front of the Concorde Hotel with a friend, a group of men wearing civilian clothes approached them and arrested them. They were taken to Cairo's security department where they were separated. Mabrouk was taken to the Fraud Office and tortured in an attempt to make him inform on his friend, who was facing a fraud charge.
During the detention Mabrouk endured the following treatment:
His hands and legs were tied with metal restraints
His clothes were removed and he was beaten with a heavy stick all over his body
A police officer sat on a chair on top of him
His genital organs were pulled and squeezed
This torture resulted in the following injuries:
Swelling of the face and forehead
Bruising and grazing to the chest and suspected broken ribs
Severe bending of the right wrist and torn ligaments of the right thumb
Bruising and grazing to the neck and severely torn neck ligaments
Bruising and grazing to the right knee
The family presented complaints to the Interior Minister and public prosecutor requesting that they investigate this torture. The public prosecutor instructed a forensic doctor to examine Mabrouk in order to verify his injuries. The investigation is still continuing.
EOHR presented complaints to the Interior Minister, prosecutor general and Director of Giza security department.
Hossam al-Saeed Mohamed Omar
A 39 year old owner of a car spare parts shop from Maarouf, Cairo.
On the 8th October 2003 Omar arrived in Cairo from Mansoura. On route an argument broke out between him and the driver of the taxi in which he was travelling. He went to Azbekeya police station to file a police report against the driver. There, another argument broke out between Omar and two police officers sparked by their bad treatment of him.
He was detained as a consequence in the police department and beaten so severely that he lost consciousness. He was then brought before the pubic prosecutor who decided to release him after a forensic doctor verified the injuries he had incurred. This decision was not implemented. Rather, Omar was taken back to the police station and re-detained until the 11th October. During his detention he was again severely beaten and shackled at the feet which led to his again losing consciousness. In order to revive him dirty water was thrown over him which he was forced to drink.
The family presented complaints to the public prosecutor and the Interior Ministry.
EOHR presented complaints to both the Interior Minister and prosecutor general.
Baher Attiya Abou Seada Mohamed
An accountant with the Merchants' Union from Doqqi, Cairo.
On the 22nd May 2003 Mohamed was surprised by a group of some ten men accompanied by a police officer called Sherif al-Menshawy attempting to break into his flat. They began beating him and breaking the contents of his flat, which prompted him to call the emergency services. The emergency services - once they eventually arrived after a long delay - refused to inspect the flat and contented themselves with listening to his account of events.
Mohamed went to Doqqi police station and made a statement the same day. He suffered a number of problems as a consequence of the relationship of police officer Sherif al-Menshawy with a police officer based at Doqqi.
EOHR presented complaints to both the Interior Minister and prosecutor general.
Gamal Rady Salah
A 43 year old employee of the Nasr Car Company from al-Masara.
On the 11th October 2003 Helwan state security investigation forces burst into Salah's home and arrested him and members of his family. They were taken to Zahra Helwan police checkpoint and detained. The next day they were taken to the Helwan state security investigations unit where the women were placed in the investigations room and the men in a room known as the "fridge." The head of the investigations unit together with his assistants and other policemen beat all the detainees.
They were subjected to the following treatment:
Whipping
Removal of their clothes, including the underwear of both the men and women
Some were subjected to electric shocks
Hanging from the door of the head of the investigations' unit room, after their arms had been tied together
Sexual assault and threats of sexual violence against the women in the presence of the men
The detainees suffered a number of injuries as a result of this violence:
The majority of them suffered dislocated shoulders
Ayman Saed Lutfy suffered a broken thumb
Bruising all over the back as a result of being whipped
Injuries and grazing to the wrists as a result of being hung from metal restraints
Blood clots and bruising all over the feet
Emad Saed suffered suspected broken fourth and sixth spinal vertebra
These injuries were corroborated in the public prosecutor's report. The family remained detained until the 14th October.
The family presented complaints to the public prosecutor, Interior Ministry and prosecutor general.
EOHR presented complaints to both the Interior Ministry and prosecutor general.
Arafa Badr Ibrahim Bayoumy
A 23 year old marble worker from Sayida Aisha.
On the 23rd August 2003 while he was in Khaliyya police station dealing with probation matters Bayoumy was detained by Khalfiyya investigations officers until the 29th August. The unit then concocted several charges against him and tortured him. He was suspended from a window for more than four hours and had boiling water mixed with salt thrown over his body. He suffered a large number of injuries as a result of this:
Severe burns to the neck and chest
Injuries to the neck
Injuries to the back and shoulders
The family presented a complaint to the public prosecutor's office which undertook investigations to verify the injuries.
EOHR presented complaints to both the Interior Ministry and prosecutor general.
Saeed Abdel Qader Abdel Fattah
A 60 year general manager with Egyptair from Maadi.
On the 23rd July 2003 policemen from the Maadi police investigations division stormed Abdel Fattah's house and arrested him. He was detained in the Maadi police station on a charge of sabotage. During his detention policemen insulted, swore at and beat him resulting in the following injuries:
Grazing and bruising to the arms and back
Bruising to the feet and all over the body
The family presented a complaint to the public prosecutor's office which carried out an investigation. Complaints were also submitted to the Interior Ministry and Minister of Justice.
EOHR presented complaints to both the Interior Ministry and prosecutor general.
Nagla Fathy al-Anany
A 26 year old housewife from Kafr al-Zeit.
On the 27th September n2003 policemen from the Kafr al-Zeit police investigations division burst into al-Anany's home and arrested her and other family members. They were detained in Kafr al-Zeit police station until the 5th October while investigations into the killing of a neighbour were being pursued. Some of the family were subjected to torture in order to extract information about the perpetrator of the killing. Al-Anany was severely tortured; she was whipped, beaten and threatened with rape in addition to being insulted and swore at.
The family presented complaints to the Interior Ministry and the public prosecutor's office.
EOHR presented complaints to both the Interior Ministry and prosecutor general.
Mabrouka Ibrahim Masilhy
A 60 year old housewife from Qalyoubiya.
On the 16th September 2003 policemen from Kafr Shakr burst into Masilhy's house with the aim of arresting her son who was not at home at the time. A policeman began beating and whipping Masilhy inside her home, after which she was taken to Kafr Shakr police station and detained in order to force her to reveal the whereabouts of her son. During her detention she was again whipped and kicked, given electric shocks, insulted and pulled by the hair. In addition the police threatened to concoct a case against her.
Masilhy suffered a number of injuries as a consequence of this violence:
Swelling and bruising to the right eye
Bruising and injury to the scalp
Grazing to the feet
Bruising and grazing to the right shoulder
The family presented a complaint to the public prosecutor's office which appointed a forensic doctor to examine the injuries.
EOHR presented complaints to the head of Qalyoubiya's security division, the Interior Ministry and the public prosecutor's office.
As-Saeed Yassin Abdel Aziz
A 50 year old driver with the Aga police station from Daqhaliya.
On the 12th July 2003 an officer from the Aga police station burst into Abdel Aziz's home in order to arrest him following his refusal to work as an informer for one of the station's officers. A charge of illegally possessing weapons was then concocted against him in the emergency state security courts.
On the 15th July the officer returned to Abdel Aziz's house in order to arrest him. He was detained in the police station until he was brought before the public prosecutor the next day. During his detention he was whipped and beaten and his shoes put in his mouth and on his face.
The beating resulted in the following injuries:
Bruising to the right side of the face
Bruising to the right foot resulting from being hit with a pistol
The family presented a complaint to the public prosecutor who launched an investigation into the case and corroborated the injuries that Abdel Aziz had suffered. They also sent telegrams to the Interior Ministry.
EOHR presented complaints to both the Interior Ministry and prosecutor general.
Mahmoud Hamed Ahmed Ali
A 28 year old labourer.
On the 13th May 2003 a tree fell down while Ali was in the vicinity of the area. A policeman began questioning him about this, and Ali informed him that he had nothing to do with the matter. The policeman then beat him and took him to a minibus taxi where he removed his clothes, sexually assaulted him and beat him. He then took him to Roud al-Farag police station and released him without giving the public prosecutor's office any reason for his detention.
Ali's brother presented a complaint to the public prosecutor's office which sent him to be examined by a forensic doctor and summoned a number of witnesses as part of its investigations.
EOHR sent complaints to the head of Cairo's security department, the Interior Ministry and the public prosecutor.
Nagdy Mohamed Gad & Eissa Ali Mohamed
On the 14th May 2003 Gad and Mohamed went to Luxor's traffic unit to complete some paper work. An argument broke out between them and others present in the unit. They were taken to the traffic investigations unit and arrested on a charge of stealing some money. After they refused to sign the police statement a policeman tied their hands and legs and threw boiling water over Gad leading to extensive burns and beat them.
The family presented a complaint to the public prosecutor's office which inspected Gad's injuries.
EOHR presented a complaint to the public prosecutor, Interior Ministry and head of the general department for inspection and control within the Interior Ministry.
Ihab Amin Khalfiyya
A 30 year old psychiatry statistician with Abassiya Hospital from the Pyramids area.
On the 5th June 2003 Khalfiyya was arrested at his home by a Doqqi state security investigations officer on a charge of belonging to the Islamic Brotherhood group. He was then taken to Doqqi's state security investigations headquarters and detained there until the 14th June while his case was investigated.
During his detention he was beaten and tortured in the following ways:
Put in an extremely hot unventilated room
Forced to stand all day before and after being tortured
Stripped naked and given electric shocks in sensitive areas
As a result of this torture Khalfiyya's face became severely swollen, his testicles were injured and his left foot and right leg became reddened and swollen.
The family presented a complaint to the public prosecutor's office who prepared a report corroborating Khalfiyya's injuries.
EOHR presented complaints to the Interior Ministry and the public prosecutor.
Ahmed Mohamed as-Sayed Mohamed
On the 2nd February 2003 Mohamed was charged with a crime and released on 500 LE bail. He paid this sum and was transferred to Helwan's police station where he was detained and beaten, kicked and whipped causing him a number of injuries:
Haemorrhaging of the right eye which had previously been operated on
Grazing to the right shoulder following his being whipped
Bruising and grazing to the back
He was detained until the 6th February, and threatened by investigations unit policemen that he would be imprisoned if he raised a complaint.
The family presented a complaint to the public prosecutor's office.
EOHR presented a complaint to the public prosecutor and Interior Ministry.
Mahmoud Moustafa kamal Mahmoud
A 42 year old clothes shop owner from Zeitoun.
On the 25th December 2002 a group wearing civilian clothes burst into Mahmoud's home and informed him that they were members of the investigations department. They restrained and beat him and seized gold jewellery and money. They then took him to his clothes shop and searched it after which he was taken to the Ain Shams police station where his restraints were removed.
He was detained without being presented with a charge and without a police statement being prepared. The next day a police report was filed about a dispute between Mahmoud and someone else about a piece of land.
The family presented a complaint to the public prosecutor.
EOHR presented a complaint to the public prosecutor and Interior Ministry.
Abeer Rady Salah
A 22 year old lawyer from Ismailiyya.
On the 14th December 2003, while Salah was waiting for a bus in front of Imbaba police station after finishing work in North Giza District Court she was harassed by a man and so went to seek the aid of a policeman. He however rained abuse on her and beat her in the police station, causing the bruising to the head, legs, nose and right arm.
Salah presented a complaint to the public prosecutor's office which sent her to Qasr el-Eini Hospital for forensic examination as well as taking her statement. Investigations are still ongoing.
In addition the Public Union of Lawyers brought a civil suit for monetary compensation (of 1 million Egyptian pounds.) It also presented a complaint to the Interior Ministry who suspended the police officer concerned and took Salah's statement. Its investigations are still ongoing.
EOHR presented a complaint to the public prosecutor, Interior Ministry and head of Giza's security department.
2. Arbitrary detention
Arbitrary detention is the detention of individuals without legal cause. Article 9(1) of the ICCPR states that "no one shall be subjected to arbitrary arrest or detention" while Article 10(4) provides:
Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that the court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.
Arbitrary detention is usually accompanied by other serious human rights violations such as the violation of the right to life, the right to a fair and impartial trial, torture and mistreatment and forced disappearance as well as the rights laid down for prisoners and detainees.
Detention is not in itself a human rights violation as long as it remains within defined legal standards. Where these standards are transgressed - whether the detention is judicial or administrative - a human rights violation occurs. The Egyptian Penal Code makes illegal the arrest of an individual without legal right.
Below are the details of cases of arbitrary detention monitored by EOHR in 2003.
Mohamed Suleiman Salim al-Furn
On the 26th September 2003 al-Furn was arrested and an order issued for his detention. He was imprisoned in Wadi Natroun prison. A release order was issued but not implemented and he was transferred to the Khalfiyya transfer section where he is still being detained without legal cause and without having been presented with a charge.
Salaheddin Mursi
On the 11th August 2003 Mursi completed a 3 year prison sentence and a release order was issued. He was detained in the 6th October City state security office without legal cause and without being presented with a charge.
Residents of Abu Teeg, Assiut
On the 25th October 2003 forces from Abu Teeg police department arrested some Abu Teeg residents and detained them in prison upon the wishes of landlords who impose illegal fines on farmers who are then imprisoned when they are unable to pay these fines.
Tamer Adel Shukry
On the 23rd January 2003 Shukry was arrested by members of the Giza police investigations division. They detained him in the police station where First Lieutenant Ahmed Dosouky concocted various charges against him. He was then presented to the public prosecutor's office who ordered that he be released. He remained in detention however and his family were treated contemptuously.
Mahrous Ahmed Mohamed as-Sayed
On the 17th June 2003 members of the investigations force burst into as-Sayed's home looking for his brother against whom an arrest warrant had been issued. Failing to find his brother, they arrested as-Sayed and took him to the police station where he was detained without legal cause.
Mohamed Khairy Mohamed
On the 10th June 2003 Mohamed travelled to Saudi Arabia in order to perform the Mecca pilgrimage. He was deported by the Saudi authorities and his name recorded in Suez by state security investigations forces. A week later a state security investigations officer went to Mohamed's home and left him a message informing him that he had to go the state security headquarters. He accordingly did so and was detained, beaten and tortured.
Mohamed Abdel Amin Dakhlan & Usama Mohamed Abdel Amin
On the 30th April 2003 Dakhlan and Abdel Amin (who have Palestinian nationality) were arrested and brought before the public prosecutor who decided to release them. Despite this they were not released but rather remained in detention without a clear legal cause.
Political detention
Recurrent detention is a practice whereby an individual is detained without trial for long periods of time through the use of successive administrative orders issued in contravention of the law or through the non-implementation of judicial final release orders or release orders given by the public prosecutor's office because of the lack of seriousness of the charges issued against him.
Recurrent detention not only deprives individuals who have committed no crime of their freedom, but causes them and their family serious financial and psychological damage.
Recurrent detention for political reasons is one of the most serious abuses of the right to freedom and personal security. The state security investigations department uses of article 3 of the Emergency Law, which permits the detention of individuals suspected of endangering national security, with increasing frequency. Compounding this problem is that the Emergency Law authorities persistently infringe amended articles 2 and 3 of the Emergency Law. This they do by deliberately depriving detainees who have attained final release orders from the Emergency State Security Court of their freedom. The Interior Ministry re-detains them through continuously issuing administrative detention orders, which constitutes a gross violation of the inviolability of judicial decrees.
The Interior Ministry pursues a policy of undermining court release orders by formally releasing detainees and then holding them in the nearest police station for between a week and two weeks until a fresh detention order is issued or they are returned to prison. It persistently ignores appeals for the release of detainees who have received court release orders.
Political detainees re-detained after having received court release orders in 2003
| Name |
Date of detention |
Place of detention |
| Hussein Rabie Sayed |
23/3/1998 |
Damanhour |
| Kamal Moustafa Moustafa Alam |
10/3/1998 |
Damanhour |
| Ahmed Abdel Fattah al-Dansoury |
23/3/1998 |
Damanhour |
| Ibrahim Abdel Fattah Afify as-Sayed |
3/9/2000 |
Abu Zabal High Security |
| Assem Ahmed Selim Radwan |
27/8/1997 |
Damanhour |
| Ramadan Attiya Sultan |
3/10/1997 |
Al-Wady al-Gedid |
| Mohamed Hussein Mahmoud Abdel Rahman |
21/12/1998 |
Wady al-Natroun |
| Sameh Abdel Latif Ibrahim |
13/11/1998 |
Damanhour |
| Sabah Salah Sabar Mohamed |
21/11/1998 |
Damanhour |
| Ahmed Attiya Sultan |
3/1/1997 |
Al-Wady al-Gedid |
| Arif Roushdy Ahmed |
1999 |
Tora prison hospital |
| Moustafa as-Sayed Saed |
21/12/1998 |
Fayyoum |
| Khaled Ahmed Mahmoud Ahmed |
14/5/1998 |
Wady al-Natroun |
| Hafez Abdel Mouly Ibrahim |
December 1998 |
Wady al-Natroun |
| Hany Aly Atriss Mohamed |
5/5/1997 |
Al-Wady al-Gedid |
| Atif Gamal Hussein |
1997 |
Al-Wady al-Gedid |
| Mamdouh Mohamed Ali |
20/7/1998 |
Damanhour |
| Abdel Zaher Abdel Hakim Thabet |
1996 |
Damanhour |
| Mohamed Mohamed Abdel Wahab |
13/7/1999 |
Al-Wady al-Gedid |
| Gamal Abdel Moaty Abdel Hamid |
1996 |
Damanhour |
| Wael Ahmed Ahmed |
1993 |
Al-Wady al-Gedid |
| Abdel Karim Nasreddin Ahmed |
1998 |
Fayyoum |
| Ali Maher Mohamed |
1994 |
Damahour |
| Abdel Rahman Mohamed Mohyeddin |
1998 |
Al-Wady al-Gedid |
| Ahmed Nasr Ahmed |
21/6/1997 |
Al-WadyalGedid |
| Ahmed Mohamed al-Shenawy |
1997 |
Fayyoum |
| Nashat Abdel Moneim Ahmed |
1992 |
Wady Natroun |
| Karam Mohamed Ahmed |
1995 |
Wady Natroun |
| Saeed Tawfiq Mohamed |
1997 |
Fayyoum |
| Mohamed Ali Salouma |
1997 |
Wady Natroun |
| Ismail Garhy Tuhamy |
1993 |
Fayyoum |
| Amadeddin Rady Galal |
25/8/1997 |
Damahour |
| Mahmoud Mohamed Mahmoud |
3/11/1992 |
Damahour |
| Abdel Karim Abdel Karim Abdel Tawab |
1997 |
Wady Natroun |
| Naser Khalaf Abdel Rahman |
1995 |
Wahy Natroun |
| Ismail Fathy Ismail |
1994 |
Wady Natroun |
| Amar Saed Ibrahim |
15/5/1995 |
Al-Wady al-Gedid |
| Yasser Abdel Rahman Mohamed |
15/8/1994 |
Fayyoum |
| Hosni Mohni Mohamed |
3/10/1994 |
Damanhour |
| Amadeddin Rafaet Ali |
5.7/1995 |
Fayyoum |
| Saeed Ahmed Mohamed |
19/4/1994 |
Al-Wadi al-Gedid |
| Saed Ahmed Mohamed |
1993 |
Wadi Natroun |
| Mahmoud Taha Ahmed |
1993 |
Fayyoum |
| Hussein Gumaa Mohamed |
1996 |
Fayyoum |
| Hussein Ramadan Abdel Ghany |
9/2/1995 |
Al-Wady al-Gedid |
| Mohamed Abdel Rahman Hussein |
1997 |
Fayyoum |
| Abu Gabal Mohamed Hassan |
1997 |
Wady Natroun |
| Ezzat Abdel Fattah Ibrahim |
1994 |
Damahour |
| Salah Abdel Shafy Mohamed |
1997 |
Fayyoum |
| Ali Hassan Abdel Aal |
1995 |
Abu Zabal High Security prison |
| Khalil Mahmoud Abdel Salam |
5/7/1999 |
Fayyoum |
| Ashraf Fawzi Hassan |
1993 |
Fayyoum |
| Mohamed Abdel Moneim Hashem |
1995 |
Tora |
| Yehya Abdel Hameed Abdel Sitar |
19/1/1999 |
Tora |
| Hussein Abdel Hameed Sbdel Sitar |
1999 |
Tora |
| Mohamed Ali Mahmoud |
17/4/1993 |
Al-Wady al-Gedid |
Criminal detention
In the criminal detention process administrative orders are issued against individuals suspected of committing a crime under the Suspects' Law such as intimidation or financial crimes. Criminal detention is so called in order to differentiate it from political detention which refers to the detention of members of political groups.
During its monitoring EOHR has noticed a widening in the issuing of detention orders by police stations. Citizens are detained illegally for long periods of time under orders which are not presented for review to the public prosecutor's office or the judge. The detainee must wait thirty days after the issuing of a detention order before he can present a complaint to the judge, a violation of his personal freedom.
Criminal detainees in 2003
| No |
Name |
No |
Name |
| 1 |
Ibrahim Ahmed Abdel Aziz |
16 |
Abdel Zaher as-Sayed Abdel Zaher |
| 2 |
Moustafa Seif Abdel Rahman |
17 |
Ibrahim Mohamed Farag |
| 3 |
Abdel Azeem Ahmed Farag |
18 |
Gaber Ibrahim Mahmoud |
| 4 |
Tamer Gouda Ibrahim |
19 |
Ahmed Neyazy |
| 5 |
Hesham Ibrahim Moustafa |
20 |
Salah al-Dabaa |
| 6 |
Mohamed Seif al-Nasr Hassan |
21 |
Sherif Ali Khalil al-Helw |
| 7 |
Mufdy Mundy Mansour |
22 |
Ahmed Ismail Abu el-Mouaty |
| 8 |
Taher Shehata Margan |
23 |
Maged Boutrous al-Tarezy |
| 9 |
Wael Abdel Ghany Saqr |
24 |
Ahmed Abdel Aziz Nasar |
| 10 |
Mohamed Ziyad Ulwan |
25 |
Samir Mohamed Amr |
| 11 |
Mohamed Mohamed Shabana |
26 |
Khaled Mohamed Tawfiq |
| 12 |
Mohsin Abdel Aziz Awad |
27 |
Moustafa Saededdin |
| 13 |
Hussein Halim Ahmed |
28 |
Al-Mursy al-Araby al-Mursy |
| 14 |
Karim Adel Askander |
29 |
Hanfy Mohamed Abdel Halim |
| 15 |
Mohamed Naguib Mohamed |
30 |
Mohamed Abdel Hamid |
The total number of complaints stemming from criminal and political detention orders during this year was some 20, 017.
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