The situation of human rights in Egypt Annual report 2003


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1/6/2002

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The situation of human rights in Egypt Annual report 2003

2. Refugee Legal Aid Project

The state of emergency in Egypt…an obstacle to political reform and respect for human rights

Introduction

Part one: Legislative developments and court decisions.

Part two: Human rights violations in 2003

1. The right to life.

2. The right to freedom and personal security

3. Forced disappearance

4. Treatment of prisoners and detainees

5. The right to a fair trial

6. The right to freedom of opinion and expression

7. The right to peaceful assembly

8. Economic and social rights

9. The right to political participation

10. The right to formation of political parties, associations and unions

11. The rights of Egyptians abroad

12. Discrimination against women

Part three: EOHR fieldwork in 2003

1. Lawyers' Unit fieldwork

2. The Refugee Legal Aid Project

3. Women's Legal Aid Project

Appendix

In international law refugees are defined as "persons living outside their country because of a justified fear that they will be subject to persecution on the basis of their ethnicity, religion, nationality or social or political orientation, and who cannot and do not want to return to their countries because of this fear"
According to statistics released by the Commission for Refugee Affairs there are some 10,000 refugees in Egypt, 7,000 of which are from Sudan. The second largest group are from Somalia while the remaining refugees come from 28 countries including Ethiopia, Sierra Leone, Liberia, Yemen and Afghanistan.
For three years the Refugee Legal Aid Project (RLAP) has helped refugees in Egypt from Africa, the Middle East and Asia to present their cases to United Nations High Commission for Refugees' Affairs. The Egyptian Government delegated the task of defining refugee status to the High Commission through an understanding signed by the two parties in February 1954. RLAP, created by Barbara Herrell Bond is the only organisation in Egypt to offer such services.
RLAP drafts legal memos for those seeking asylum for the first time and sends lawyers to accompany them to the interview at the High Commission where there refugee status is determined. It drafts appeals where applicants are denied refugee status and helps refugees with problems associated with adjusting to life in another country (which is mostly the United States, Australia or Canada.)
In cooperation with the High Commission RLAP helps refugees held in detention because they have not secured a residency in Egypt.
RLAP made some notable accomplishments in 2003 the most important of which were:
1. Formation of an NGO Cooperation Network concerned with refugees aimed at helping them with medical and educational matters etc.
2. RLAP helped 411 refugees present their cases to the High Commission for the first time and assisted 150 refugees with appeals after their cases were rejected in the first time.
Estimates state that only a third of applications are accepted by the High Commission every year. The average percentage of acceptances has varied over recent years; in 1997 24% of applications were accepted and in 1998 and 1999 this figure stood at 38%. It went down to 31% in 2000 and increased to 42% in 2001. It then sunk to 27% in 2002. In the period between January - March 2003 23% of applications were accepted.
3. RLAP has trained volunteers from Egypt and abroad within one of its five training programmes for volunteers. It has also appointed Egyptian lawyers as volunteers for three to six month periods.
4. On the local level RLAP has collaborated with the American University in Cairo's Forced Migration Programme on a series of training seminars and campaigns aimed at widening knowledge of the refugee issue in Egypt. EOHR began this campaign on the 30th January 2003 after the Egyptian authorities detained more than 200 asylum seekers in Maadi and Basateen police stations and to work on the preparations to the World Refugee Day in June 2003.
5. Training seminars were provided as part of the refugees aid programme provided by Abbasiyya's Sakakiny Church. Lectures were given in various locations. An Arab training camp for human rights was held at the Cairo Institute for Human Rights Studies and workshops given in cooperation with Egyptian and Sudanese refugee organisations working in Cairo visited locations where refugees gather in order to assess needs which arise during their dealings with the High Commission.
Legislation dealing with refugee affairs in Egypt must be passed.

3. The Women's Legal Aid Project

The Women's Legal Aid Project (WLAP) is one of EOHR's most important projects and a means of confronting problems afflicting Egyptian society. The WLAP is an expression of EOHR's role of monitoring and documenting human rights violations but with particular focus on violations of the rights of low income women.
WLAP dealt with the following cases in 2002 and 2003:

Court and case no.	Names of parties	Date	Verdict reached
North Giza. 455/2002 Khulaa divorce case.	Sayyeda Suleiman Higazy vs. Abdel Razeq Khalef Abdel Razeq	5/1/2003- 26/10/2003	Higazy was granted a divorce.
Heliopolis Sharia Court 2471/2002 Imprisonment case.	Assamat Hamza Abdel Halim vs. Moustafa Mahmoud Moustafa	7/1/2003 - 25/3/2003	Case postponed until 25/3/2004.
North Giza, 27th district appeal court.	Musaada Ibrahim Abdel Hamid vs. Ibrahim Mitwally Ali	9/1/2003 – 20/11/2003	The appeal was accepted but the verdict was not changed
Heliopolis Zeitoun Sharia Court. 349/2003	Assamat Hamza Abdel Halim vs. Moustafa Mahmoud Moustafa	9/1/2003 – 24/4/2003	Defendant obliged to pay a fine for which he would be imprisoned if he failed to pay.
Maadi. 982/2002 Custody, child support and housing case.	Nadia Abdel Aaty Ahmed vs. Ali Ismail Ali Sayyed	9/1/2003 – 29/5/2003	The plaintiff was awarded 50 LE monthly for the rent, 50 LE for custody and 50 LE for child support.
Maadi. 983/2002. Maintenance payments.	Nadia Abdel Aaty Ahmed vs. Ali Ismail Ali Sayyed	11/1/2003 – 31/5/2003	The defendant was obliged to pay 180 LE for child support.
Zananeery. 447/2002	Fayza Sadiq Mohamed Seif vs. Abdel Aaty Mohamed Afify	14/1/2003 – 27/5/2003	The court found disobedience on the wife’s part.
Galaa court complex. Khalfiyya Sharia Court 435/2002	Mary Ibrahim Basha vs. Mahmoud Sayyed Hassan	18/1/2003 – 21/6/2003	The case was withdrawn at the request of the plaintiff.
Council of State, Ministry of Education	Fadel Mitwally vs. the Ministry of Education	20/1/2003 – 20/5/2003	The case was decided in the interests of the plaintiff.
Council of State. Ministry of Communications	Kamel Eddin Farouq vs. the Egyptian Railway Company	20/1/2003 – 20/5/2003	The case was refused.
Heliopolis Sharia Court 215/2002. Imprisonment case.	Fayza Sadiq Mohamed Seif vs. Abdel Aaty Mohamed Afify	21/1/2003 – 28/1/2003	The case is still being heard.
Zananeery Court. Alimony case.	Nabila Hamdy Madany vs. Araby Abdel Salam Ismail	21/1/2003 – 28/2/2003	The appeal was accepted but the verdict was not changed.
North Cairo Personal Law Court.	Assamat Hamza Abdel Halim vs. Moustafa Mahmoud Moustafa	22/1/2003 – 23/4/2003	The appeal was rejected
6th October Civil Court (Al Haram)	Iman Ali Hassan & Hala Ali Hassan vs. Inheritors Ali Hassan	28/1/2003 – 18/11/2003	The case was withdrawn after an amicable agreement was reached.
Cairo High Court, Personal Law Division.	Lowahez Khalil Nasef vs. Sayyed Bayyoumy Mohamed	22/1/2003 – 26/5/2003	The appeal was accepted but the verdict was not changed.
North Giza Court	Sabareen Abdel Razeq vs. Abdel Khaleq Ibrahim	10/3/2003 – 26/5/2003	The plaintiff was granted a khula divorce.
Maadi. 27257/2002. Basateen Misdemeanours Court.	Wafaa Moustafa & Mohamed Moustafa vs. The public prosecution	13/3/2003	The defendant was found innocent in the civil proceedings while a reconciliation verdict was given in the criminal proceedings.
Heliopolis. 21750/2002	Nagat Mounir Hassan vs. Hamdy Abdel Fattah Mohamed	15/3/2003	The appeal was accepted but the verdict was not changed.
Cairo High Court	Lowahez Khalil Nasef vs. Sayyed Bayyoumy Mohamed	22/3/2003 - ???	The appeal was accepted but the verdict was not changed
Galaa Court Complex. 92/2003	Hala Sayyed Afify vs. Sayyed Mohamed al-Gamil	25/3/2003 – 16/9/2003	The case was withdrawn upon the request of the plaintiff and an amicable agreement was reached.
Galaa Court Complex. 94/2003	Hala Sayyed Afify vs. Sayyed Mohamed al-Gamil	25/3/2003 – 16/9/2003	The case was withdrawn upon the request of the plaintiff and an amicable agreement was reached.
Ashmoun Summary Court. Alimony case.	Nagat Mounir Hassan vs. Hamdy Abdel Fattah Mohamed	14/4/2003 – 29/12/2003	A verdict was reached in the favour of the plaintiff which was appealed by the defendant.
North Giza Court. Divorce case following abandonment.	Nadia Diab Ahmed Abdel Hamid vs. Abdel Naby Abdel Aziz	21/4/2003 – 6/2/2003	The case is still being heard.
Heliopolis Court.	Nagat Mounir Hassan vs. Hamdy Abdel Fattah Mohamed	6/5/2003 – 6/2/2003	The defendant was obliged to pay child support of 100 LE a month, 150 LE alimony and 20 LE for the rent.
Heliopolis Court.	Nagat Mounir Hassan vs. Hamdy Abdel Fattah Mohamed	22/5/2003 – 4/9/2003	Prison sentence of 6 months handed down and a fine of 100 LE.
Al Zenaneery. Khula case.	Hedaya Abdel Qader vs. Mohamed Ibrahim Mohamed Tawfiq	First hearing 1/6/2003.	The case was dismissed
North Cairo.	Nagat Mounir Hassan vs. Hamdy Abdel Fattah Mohamed	8/3/2003. Appeal on the basis of forged court documents.	The case is still being heard.
Heliopolis Sharia Court.	Assamat Hamza Abdel Halim vs. Moustafa Mahmoud Moustafa	10/6/2003 – 25/12/2003	The case is still being heard.
Heliopolis Sharia Court.	Assamat Hamza Abdel Halim vs. Moustafa Mahmoud Moustafa	10/6/2003 – 25/12/2003	The case is still being heard.
Heliopolis Sharia Court.	Nabila Hamdy Madany vs. Araby Abdel Salam Ismail	17/6/2003 – 25/12/2003	The case is still being heard.
Heliopolis Sharia Court.	Nabila Hamdy Madany vs. Araby Abdel Salam Ismail	17/6/2003 – 4/12/2003	The case is still being heard.
Meshtoul al Souq Court. Bounced cheque.	Neglaa Saber as-sayyed vs. Mohamed Mohamed Kamel	18/6/2003	The defendant was found innocent and the plaintiff made liable for court costs.
Minya al Qamh	Neglaa Saber as-Sayyed vs. Mohamed Mohamed Kamel	23/6/2003	Judgement was given in favour of the defendant.
Cairo Court	Nagat Mounir Hassan vs. Hamdy Abdel Fattah	23/6/2003 – 8/9/2003	The appeal was dismissed.
Meshtoul al Souq Court	Neglaa Saber as-sayyed vs. Mohamed Mohamed Kamel	24/7/2003 – 10/10/2003	The defendant was found innocent, the civil case dismissed and the plaintiff made liable for costs.
Meshtoul al Souq Court	Neglaa Saber as-sayyed vs. Mohamed Mohamed Kamel	24/7/2003 – 16/10/2003	The case was dismissed because of the plaintiff’s failure to appear in court.
North Giza Sharia Court.	Somaya Mohamed Ali vs. Salah Ahmed Abdel Aal	1/9/2003 – 22/12/2003	The case is still being heard.
Zananeery Court.	Fayza Sadeq Mohamed Seif vs. Abdel Aaty Mohamed Afify	4/9/2003 – 20/11/2003	The case is still being heard.
Meshtoul al Souq Court.	Fatma Mubarak Mursy vs. Neglaa Saber as-Sayyed Mohamed Mohamed Kamel	18/9/2003 – 11/12/2003	The case is still being heard.
Maadi Summary Court. Imprisonment case.	Nadia Abdel Aaty Ahmed vs. Ali Ismail Ali Sayyed	30/10/2003 – 4/12/2003	The case is still being heard.
Maadi Summary Court. Imprisonment case.	Nadia Abdel Aaty Ahmed vs. Ali Ismail Ali Sayyed	4/11/2003 – 23/12/2003	The case is still being heard.
Al Khanka Summary Court. Bounced cheque.	Abeer Gaber Moustafa Moustafa vs. Shabaan Hussein Mohamady	12/11/2003 – 23/12/2003	The case is still being heard.
Al Khanka Summary Court. Breach of contract.	Abeer Gaber Moustafa Moustafa vs. Sayyed as-Sayyed Abdel Fattah	3/12/2003	The case was not included in the court timetable.
Al Khanka Summary Court. Loss of matrimonial possessions.	Abeer Gaber Moustafa vs. Mohamed Hussein Abdel Hafeez	3/12/2003 – 14/1/2004	Postponed until the 14/1/2004.
Al Khanka Summary Court. Appeal to husband’s case brought to oblige Abeer to return home.	Abeer Gaber Moustafa vs. Mohamed Hussein Abdel Hafeez	11/12/2003 – 22/1/2004	Postponed until the 22/1/2004.
Shibeen al Qanateer Court. Bounced cheque.	Neglaa Saber as-Sayyed vs. Mohamed Mahmoud Ali al-Yemeni	31/12/2003.	The court is still being heard.
Maadi Summary Court. Imprisonment Court.	Leila Hassan Ali vs. Abdel Latif Sayyed Abdel Latif	28/1/2003-18/11/2003	Verdict was reached in the favour of the plaintiff obliging the defendant to pay a fine upon risk of imprisonment if he failed to do so.

WLAP continued to receive complaints from both men and women in which they required explanation of the law. In total some 921 complaints were received, and dealt with in the following manner:

1. Explanation of legal situations facing the complainant which s/he was unable to understand such as khula divorce, inheritance, conditions surrounding child custody, divorce, maintenance payments, tenancy law and landlord problems, cheque crimes, breach of faith, means of implementing court decisions and the issues surrounding women being forced by their husbands to leave the family home and live elsewhere.

2. Accompanying the complainant step by step until their legal problem is solved.

Sample cases dealt with by WLAP in 2003

1. Nagat Mounir Hassan Ali

Nagat arrived carrying a copy of al-Hayat newspaper which contained an article about her and her husband, a secondary school teacher to whom she had been married for eleven years and whose children from his previous wife she had raised. He took the money she inherited when her mother died and bought a flat which the family lived in together until he threw out Nagat and her young daughter and took their matrimonial possessions and electrical equipment which she had bought. Nagat did not know how to deal with her husband or what to do; she possesses no qualifications and was incapable of finding work. Her daughter suffers from a chest illness and is need of constant care. WLAP helped her by:

" Helping Nagat bring case 2935/2002 in which she petitioned for maintenance and child support. On the 27th May 2003 the defendant was obliged to pay 100 LE for their daughter Lamis, 150 LE alimony, 20 LE for child custody and 20 LE for rent.

" Successfully winning her right to matrimonial home and custody of Lamis.

" Defending the appeal brought by her ex-husband in which he claimed the matrimonial home. The appeal was refused.

" Helping her with an alimony case in Ashmoun Court which is still in progress.

2. Nadia Abdel Aaty Ahmed Desouqy

Nadia came to EOHR with her father complaining about her and her children's treatment at the hands of her husband which was forcing her to seek a divorce. She was pregnant with her daughter at the time.

On the 5th March 2003 Nadia's husband divorced her and refused to come to an agreement about custody of the children, who were old enough to go to school. Nadia came to EOHR seeking its help in securing maintenance payments from her ex-husband for the children who were in need of such financial support. Nadia was unable to leave them unattended while she worked and could not afford to support them alone. The WLAP took on her case and helped her by:

" Bringing a child maintenance case which succeeded in obliging her ex-husband to pay 50 LE for the rent and 50 LE over a course of two years.

" Bringing another child maintenance case which obliged the defendant to pay 180 LE.

" Bringing another case following her ex-husband's failure to pay child maintenance amounting to 2160 LE in which the plaintiff sought his imprisonment.

" Bringing another case following her ex-husband's failure to pay rent and other payments amounting to 1800 LE.

" Helping her in a stipend from Social Affairs to help her raise her children.

3. Sabereen Abdel Razeq Khalaf

Sabereen is a woman in the prime of life who married at an early age to a man she hoped to make a stable life with. The couple's financial circumstances forced her to seek work in a company in order to help her husband with expenses. No sooner had she settled down at work than she gave birth to her son Islam. Shortly afterwards her husband's behaviour changed and he began hitting her and spending her money. He eventually abandoned her and the room they lived in together. The landlord then evicted Sabereen and her son following her inability to pay the rent and took refuge with her mother. Her ex-husband then burst into the house, assaulted her and took her salary which she depended on to survive. When neighbours tried to intervene, Sabereen's ex-husband rebuffed them telling them that he would not allow anyone to come between him and his wife. Sabereen sought recourse to the WLAP which helped her in the following ways:

" It attempted to reconcile her with her husband. WLAP invited her ex-husband to come to EOHR and attempted to telephone him many times but he refused all attempts for reconciliation.

" On the basis of her decision to waive her legal rights including her right to maintenance payments (because she is financially independent and does not need support) she raised a khulaa divorce case. She received a divorce on the 26th May 2003 because of the impossibility of their living together.

4. Neglaa Saber as-Sayyed Mohamed

Neglaa married a man from the district where she lives and the couple had a daughter, who at the time when Neglaa presented her complaint was two years old. She divorced her husband after waiving all her legal rights which later led to problems because her father is a poor man who supports a family of nine including his mother. When the financial load got too heavy for her father to carry Neglaa asked her ex-husband for financial contributions for their daughter. He refused, prompting Neglaa to raise a case against him. The court obliged her ex-husband to pay monthly child support but the verdict was not implemented because he was unable to pay. He in turn raised cases against Neglaa and her father. Because Neglaa is unemployed she was unable to pay her lawyer's fees and so sought the help of EOHR with the help against her ex-husband.

5. Abeer Gaber Moustafa

Abeer arrived at EOHR carrying in one hand a letter from the National Council for Women, and in the other a description of the events which had prompted her to seek help. Her husband had forced her to sign a number of blank documents and IOUs. She was able to flee and on the 2nd August 2003 she filed a complaint (case 5214). The prosecution office did not do anything and her husband had no choice but to raise a case of breach of faith. WLAP gave her the following legal assistance.

" Representation in a loss of matrimonial possessions case.

" Representation in a case brought by her ex-husband in which he sought to force her to return home.

" A breach of faith case failed to be included on the court timetable because her husband raised failed to complete certain procedures in order to threaten and frighten her.

" Following up on an alimony case which she had raised before coming to WLAP but which she had been forced to abandon because of a lack of funds.

6. Fayza Sadeq Mohamed Seif

After thirty five years of marriage Fayza's husband threw her out of their home and married another woman who was the same age as their children. Fayza asked him to continue to provide for her for the sake of their youngest daughter who was then only two years old but, under pressure from his new wife, he refused. She had no choice but to seek recourse to the WLAP as he had forced her to live in a flat in an unsafe building. He also failed to pay for his children and raised a case against her condemning her refusal to live in this flat. If he won this case she would be considered disobedient, and he would no longer be obliged to pay maintenance for her or the children. WLAP in the following cases:

" Her ex-husband appealed her child support cases, but the case was refused by the court.

" Her child maintenance payments were increased.

" She demanded that her ex-husband be imprisoned following his failure to pay a total of 4800 LE in support payments.

7. Nadia Diab Ahmed

Nadia had been married for twenty years and had seven children. Her husband had disappeared four years previously. She had looked for him everywhere and waited for his return, but in vain. She therefore decided to divorce him in order to allow her to find work and help to raise her children from the Social Affairs Department. WLAP helped her by winning for her a divorce following abandonment.

8. Someya Mohamed Ali

Ali arrived at EOHR carrying a letter from the National Council for Women. She said that her husband had left her and her children and travelled to Qatar. He at first wrote to them continuously but from the 1st November 2000 was unable to send them money. She decided to work but was unable to support her children because of her low income and sought the help of WLAP to bring a case making her husband responsible for supporting her children. WLAP helped her by attempting to contact her husband in order to reach an amicable agreement, but he refused all these attempts. The child custody case is still being heard.

9. Assamat Hamza Abdel Halim

Assamat's husband, in collusion with his family threw her and her daughter out of the family home. She sought the help of WLAP in the following cases:

" The appeal against his attempt to put her in another house.

" A case in which she sought her ex-husband's imprisonment following his failure to pay child support.

" Disobedience and child custody cases, which are still being heard.

10. Sayyeda Suleiman Higazy

Sayyeda had been married for thirty five years and raised her children who were all now married and had their own lives. Her husband then began to stay away from home, stopped giving her money and when he did return home would beat and insult her. She hated life with him to such an extent that she demanded a divorce from him on several occasions. WLAP tried to reconcile the couple on several occasions. Despite promising to treat her better, his behaviour did not change. WLAP therefore helped her to obtain a divorce.

Appendix
Suggested amendments to the Criminal and Penal Codes

Current law	Suggested amendments
Article 126 of the Penal Code Any public employee or official who gives an order for the torture of an accused person or who performs this torture himself in order to force a confession shall be punished by hard labor or imprisonment for between three and ten years. Where the victim dies he shall receive the penalty for murder.	Any public employee or official who tortures a person, orders that they be tortured, incites or agrees to their torture shall be imprisoned for a period of not less than five years. Anyone who has participated in the torture shall receive the same penalty. Where the victim dies the penalty shall be that given for murder. Torture means any action that causes physical or mental pain and suffering or torture inflicted by a person against another in order to extract information or a confession, punish him for an action that he has committed or is suspected of having committed, frighten him or others in order to oblige those people to surrender or for any other reason. In no circumstances, shall clemency or mitigating conditions apply. In all cases those concerned shall be dismissed from their posts.
Article 129 of the Penal Code Any public employee or official and anyone employed in public service who abuses his position by treating people cruelly by humiliating or physically hurting them shall be imprisoned for a period that shall not exceed one year or by a fine that shall not exceed two hundred pounds.	Any public employee or official and anyone employed in public service who abuses his position by treating people cruelly by humiliating them or treating them in a manner which offends their dignity shall be punished for a period not less than one year.
Article 280 of the Penal Code Anyone who arrests, imprisons or detains a person without an order from a competent judge (other than in cases where laws and regulations authorise the arrest of suspects) shall be punished by imprisonment or by a fine that shall not exceed two hundred pounds.	Anyone who arrests, imprisons or detains a person without an order from a competent judge (other than in cases where laws and regulations authorise the arrest or detention of suspects) shall be punished by imprisonment.
Article 63 of the Penal Procedures Code Where the public prosecution finds that a case satisfies the conditions laid down in the contraventions and misdemeanors legislation on the basis of the evidence gathered the accused will be obliged to appear in the relevant court immediately. In misdemeanor and criminal cases, the public prosecution may delegate a judge in accordance with Article 64 of this law, or perform the inquiry by itself in accordance with Article 199 and what follows of this law. With the exception of crimes listed in Article 123 of the Penal Code, no one except the Prosecutor General, the attorney general or the head of public prosecution may bring a criminal action against a public employee or a police officer for a crime or a misdemeanor committed while he during the course of his duties or because of it.	Amendment of the first and third clauses. Where the public prosecution finds that a case satisfies the conditions laid down in the contraventions and misdemeanors legislation… With the exception of crimes listed in Articles 123, 126, 129 and 280 of the Penal Code, no one except the Prosecutor General, the Attorney General or the head of the Public Prosecution may bring a criminal action against a public employee or a police officer for a crime or misdemeanor committed during the course of his duties or because of it.
Article 232(2) of the Criminal Procedures Code Cases shall be transferred to the misdemeanors and contraventions court pursuant to an order issued by the inquiry judge or by the misdemeanors court of appeal held in camera or on the basis of a direct summons by a member of the public prosecution or by the civil plaintiff. The accused need not attend if he has attended a pre-trial session and been presented with the charges. Notwithstanding this the civil plaintiff may not raise a case summoning his adversary to court in the following two instances: 1) ………………………………….... 2) Where the action is against a public employee or official or a law officer for a crime committed during the course of his duties or because of it (unless the crime is a crime cited in Article 123 of the Penal Code.)	Cases shall be transferred to the misdemeanors and contraventions court pursuant to an order issued by the inquiry judge or by the misdemeanors court of appeal held in camera or on the basis of a direct summons by a member of the public prosecution or by the civil plaintiff. The accused need not attend if he has attended a pre-trial session and been presented with the charges. Notwithstanding this the civil plaintiff may not raise a case summoning his adversary to court in the following two instances: 1) ………………………………..… 2) Where the action is against a public employee or official or a law officer for a crime committed during the course of his duties or because of it (unless it is one of the crimes cited in article 123, 126, 129 and 280 of the Penal Code.)

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