The Egyptian Organization for Human Rights

Article 9 of the International Covenant for Civil and Political Rights (ICCPR) states: "Everyone has the right to liberty and personal safety.
No one shall be subjected to arbitrary arrest or detention.
No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law".
Article 41 of the Egyptian constitution states: "Individual freedom is a natural right and shall not be touched.
Except in cases of inflagrante delecte (being caught in a criminal act) no person may be arrested, inspected, detained, or have his freedom restricted or prevented from free movement except when necessitated by investigation and preservation of the security of the society.
This order shall be given by the competent judge or the public prosecutor in accordance with the provisions of law.
The law shall determine the period of custody".

The right of liberty and personal safety is considered one of the most violated rights in Egypt especially in light of the Emergency law, which still tends to be abused.
More seriously, violations do not stop at abuse of the Emergency Law but rather extend to the state of emergency and its political and cultural consequences, which has created an environment hostile to a wide range of rights, at top of which is liberty and personal safety.
As in previous years, 2002 has witnessed a continuation of blatant violation of this right. Violations were not limited to those affiliated to political groups.
EOHR has monitored an expansion of violations to both politically affiliated and non-affiliated individuals.
In other words, there has been an increase in the phenomenon of criminal detention.
EOHR believes that this is the result of the tendency of security apparatus to increasingly fall back on the powers of the Emergency Law without the existence of true criteria for using them and in such a manner that these powers have become mechanisms and means for these apparatuses.
Related to this is the expansion of the phenomenon of arbitrary arrests, torture, and maltreatment during detention, in addition to the policy of detaining hostages.
The situation may even result in the violation of the right to life because of severe torture.
EOHR is concerned with the transformation of provisional detention into a form of punishment, in light of the Emergency Law, which grants the State Security Prosecutor the power to extend provisional detention to 6 months.
EOHR had monitored several cases in which provisional detention was extended to 6 months even though there were enough insurances for bail.
EOHR sees that the expansion in the use of provisional detention in this manner without any explanation is considered a violation of the right to liberty and personal security, which is typically the case against political opposition, especially to those belonging to the banned Muslim Brotherhood.
The following presents the results of fieldwork monitoring of the violation to the right to liberty and personal safety during 2002.
This chapter is divided into three main points concerning this right, which are, political detention, criminal detention, and arbitrary arrests with related abuses of torture and maltreatment.

1. Political Detention:
The occurrence of recurrent detention for political reasons is still considered one of the most prominent violations to the right of liberty and personal safety because the State Security Bureau of Investigation has expanded its use of article 3 of the Emergency Law, allowing the detention of any suspect or those threatening state security.

EOHR has noticed that security apparatuses have abused this article with no consideration to judicial rulings ordering the release of detainees.
The Ministry of Interior re-detains them in accordance with a series of administrative decisions. In this context, EOHR noticed that the Ministry of Interior is adopting a mechanism that undermines judicial rulings.
This is by adopting nominal release procedures represented in releasing the detainee from the prison and then detaining him/her in the nearest police station for a period varying from one to two weeks until a new detention decision is made for the detainee to be returned to prison.
EOHR expresses its regrets for the Ministry of Interior's inability to respond to any of the appeals for the immediate release of detainees who have received judicial rulings for their release from Egyptian courts.
Following are some examples of individuals who have received release court rulings during 2002 and who have been returned to prison by new administrative decisions.

Table with names of detainees whose release was ordered by the court and
the ruling was not implemented

No.	Name	Date of detention	Place of detention	Situation
1	Muhammad Abdel Aziz Amin	3rd October 1999	Wadi Natroun 2	Repetitive detention
2	Ashraf Abd Rabbu el-Sayed Ahmed	April 1996	Abu Zaabal	Repetitive detention
3	Hany Hamed Shaker	13th March 1996	Maximum security, Abu Zaabal	Repetitive detention
4	Usama Omar Omar Gheith	1st November 2001	Maximum Security, Abu Zaabal	Repetitive detention
5	Abdel Fatah Abdel Wahab Ahmed	1994	Al-Wadi al-Gadid	Repetitive detention
6	Mahmoud Fahmy Abdel Salam	1996	Max. Security, Abu Zaabal	Repetitive detention
7	Mustafa Fares Abdel Gabber	2000	Wadi Natroun	Repetitive detention
8	Al-Dakrouny Muhammad Muhammad al-Amir	2001	Wadi el-Natroun	Repetitive detention
9	Farghaly Muhammad Abdel Wahab	3rd July 1995	Wadi al-Gadid	Repetitive detention
10	Adel Muhammad Hussein	1995	Maximum Security, Abu Zaabal	Repetitive detention
11	Hassan Arafa Fadl Abu Zeid	13th November 1997	Maximum Security, Abu Zaabal	Repetitive detention
12	Muhammad Ibrahim Ahmed Adam	1995	Maximum Security, Turrah	Repetitive detention
13	Hamada Abdel Tawwab Omar	1997	Al-Wadi al-Gadid	Repetitive detention
14	Muhammad Ahmed Muhammad Rashwan	25th September 1995	Damanhur	Repetitive detention
15	Kusban Sayed Muhammad Khalifa	1st November 1995	Al-Wadi al-Gadid	Repetitive detention
16	Emad Aly Othman Aly	1993	Fayoum	Repetitive detention
17	Safwat Muhammad Abdel Ghani Muhammad	15th October 1995	Wadi al-Natroun 2	Repetitive detention
18	Salah Abdel Rahman Suleiman	1998	Fayoum	Repetitive detention
19	Omar Abdel Tawwab Kamel	2000	Fayoum	Repetitive detention
20	Hammam Mahmoud Fahmy Abdel Salam	2000	Fayoum	Repetitive detention
21	Youssef Abdel Tawwab Kamel	2000	Fayoum	Repetitive detention
22	Hamada Abdel Halim Aly Saleh	28th May 1994	Wadi al-Natroun 2	Repetitive detention
23	Shihab Muhammad Abdel Moneim	3rd February 2002	Istikbal Turrah	Repetitive detention
24	Mustafa Abdel Kader Muhammad	3rd February 2002	Istikbal Turrah	Repetitive detention
25	Al-Sayed Hafez al-Sayed Suleiman	28th March 2002	Fayoum	Repetitive detention
26	Nasser Gamal Hassan Farag	1992	Fayoum	Repetitive detention
27	Abdu Muhammad al-Dagen	1992	Fayoum	Repetitive detention
28	Aly Abdel Karim Mahmoud Muhammad	20th December 1994	Al-Wadi al-Gadid	Repetitive detention
29	Dahi Khalaf Muhammad Abdullah	1995	Al-Wadi al-Gadid	Repetitive detention
30	Tharwat Muhammad al-Sayed Abdel Aal	26th April 1995	Fayoum	Repetitive detention
31	Mahmoud Ahmed Muhammad Hassanin	17th January 1993	Istikbal Turrah	Repetitive detention
32	Muhammad Mahmoud Mustafa	9th April 1996	Al-Wadi al-Gadid	Repetitive detention
33	Muhammad Abdel Mottellib Muhammad	9th April 1996	Al-Wadi al-Gadid	Repetitive detention
34	Saber Muhammad Ahmed Hussein	1994	Al-Wadi al-Gadid	Repetitive detention
35	Ahmed Hamed Abdel Hamid Azzam	7th February 1993	Damanhur	Repetitive detention
36	Shehata Muhammad Abdel Aziz	1990	Maximum Security, Abu Zaabal	Repetitive detention
37	Sayed Ahmed Abdel Meguid Othman	27th April 1997	Fayoum	Repetitive detention
38	Muhammad Sayed Hussein Moussa	22nd June 1993	Wadi al-Natroun 1	Repetitive detention
39	Muhammad Ramadan Aly Mahmoud	6th May 2001	Istikbal Turrah	Repetitive detention
40	Muhammad Muhammad Abdel Hakim	1998	Al-Wadi al-Gadid	Repetitive detention
41	Badawy Ramadan al-Sayed Muhammad	26th August 1992	Al-Wadi al-Gadid	Repetitive detention
42	Abdullah Muhammad Abdel Aziz	1991	Liman Hospital, Turrah	Repetitive detention
43	Sayed Hassan Tammam Aly	1995	Max security, Abu Zaabal	Repetitive detention
44	Mahmoud Hassan Tama Aly	1995	Damanhur	Repetitive detention
45	Muhammad al-Saeed Ibrahim al-Sayed	15th February 1994	Damanhur	Repetitive detention
46	Kamel Hamed Abdel Hamid Azzam	7 February 1993	Damanhur	Repetitive detention
47	Taha Abdel Fatah Ahmed Aly	14th July 1996	Wadi al-Natroun 2	Repetitive detention
48	Emad Wahen Farhan Muhammad	2nd November 1993	Al-Wadi al-Gadid	Repetitive detention

2. Criminal Detention:

Criminal detention is issuing an administrative decision from the Ministry of Interior against those suspected to have committed crimes stated in the Suspicion Law or those who have committed economic crimes.
It is called criminal detention to differentiate between it and political detention, which is against those suspected to have affiliations to political groups.
EOHR has documented and monitored an increase in police officers issuing detention orders, which includes detaining citizens illegally for long periods without being presented to investigation bodies.
"Danger to general security" is a term often used to justify these decisions.
In such cases, the detainee has to wait for 30 days from the date of the issuing of the decision to be able to present a complaint to the court.
During 2002,EOHR monitored an increase in the numbers of those in criminal detention, as the number of complaints from these decisions has reached nearly 20,017.

Names of those in Criminal Detention in 2002, for whom EOHR has received
information

3. Increase in the occurrence of arbitrary arrest and maltreatment during detention:

According to article 34 of the Criminal Procedures Law, police officers - except in the case of being caught in a criminal act - have the power to arrest individuals suspected in a crime on condition that there is enough evidence of this individual's complicity in the crime.
'Enough evidence' is considered an ambiguous statement and thereby facilitates its broad abuse particularly when evaluation of evidence is left to police officers alone.
For example, article 102 of the Criminal Procedure Law allows police officers to use necessary force to accomplish their duties, if force is the only way to accomplish the duty.
This article has legalized the use of force by police officers under the umbrella of legislative authority.
EOHR has monitored during 2002 an increase in arbitrary arrests against dozens of individuals not affiliated to political groups, and illegally detaining them for varying periods.
EOHR regrets to note that such abuses have become the main method for criminal investigation as information and confessions are readily gained by pressure or force.
EOHR believes that this approach does not only violate the right to liberty and personal safety but also is considered to be a violation of other rights such as the right to life and the right to physical and mental safety as, in most cases, the detainees are exposed to torture and maltreatment.
In the following, EOHR presents cases, which it has monitored during 2002 and in which it considers as blatant violations of the right to freedom and personal safety.

Age:

Occupation:

Date of Incident:

Police officers stopped the aforementioned while he was walking with a friend in Ahmed Badawy St., Shubra Misr. They demanded to see some identification cards and ordered him to accompany them to the police station.
When the aforementioned refused, a police officer hit him with handcuffs in his left eye causing him severe pain.
The police officer then took him to his car.
On the way, the police officer asked them to sign a report of insult and then released them.
The aforementioned went to Kasr el-Eini Hospital and it was reported that there was bleeding in his left eye.
Procedures taken: The family of the victim reported to Shubra Prosecutor, report number 46/2002. The report was transferred to North Cairo Court.
The Case was recorded by number 808/2002.
The police officer was detained for four days.
The detention was renewed on 21 March 2002 for 45 days.
From its side, EOHR followed up the incident by sending a fact-finding mission and contacting officials.
- Nabil Farahat Mokhtar:
Occupation: working for Service Car Garage
Age: 37 years old
- Omar Farahat Mokhtar:
Occupation: Driver
Age: 24 years old
- Nasser Moussa Muhammad Ibrahim:
Occupation: Chicken Seller
Age: 17 years old
- Ahmed Omar Ibrahim Omar:
Occupation: Butcher
Age: 22 years old
Address: all are resident in Sakiat Mikki Area, Giza.
Date of Incident: 10 December 2002.
Police officers force entered the house of Nabil Farahat to arrest him in order to implement a court verdict.
The police did not find him at home so they arrested all who were present in the house until Nabil arrives.
When the people present at the house refused, the police attacked them by hitting them and shot gun fire on their feet.
This led to their injury.
In order to control the situation, the police officers took the aforementioned to Kasr el-Eini Hospital for treatment.
The police officers later returned to the hospital and arrested the aforementioned who were not yet treated and took them to Giza police station.
Families of the aforementioned confirmed that they were exposed to torture by hitting them with sticks.
Their hands were tied behind their backs and they were beaten.
Procedures taken: The family of the victims did the following:
1. They sent a telegram to the Minister of Interior and the General Attorney.
2. They reported to the General Attorney in report number 4174/2002, Giza.
EOHR reported to the General Attorney of the Giza Prosecutors
. - Hussein Fouad Mahmoud:
Address: 16 Saad Imam St
Age: 23 years old
Occupation: BA in Education
Date of Incident: 26 November 2002
While the aforementioned was in the shop he is working for, he was surprised to see two citizens hitting another one in the street.
He went to try to break the fight, not knowing who these people were.
One of them insulted and hit him on the face.
The aforementioned then went to the shop to bring something to protect him. One of them followed him into the shop and started hitting him. Later, two others joined the first and they physically attacked the aforementioned.
They dragged him into the street and hit him with a thick stick on his head and eyes.
He fell unconscious.
They carried him in their car and took him to al-Talbiya police station where he was detained.
One of his relatives arrived to the station, took him, and accompanied him to Kasr el-Eini Hospital.
Procedures taken:
The family reported to the Minister of Interior.
They also issued a report (no. 33568/2002).
The report was transferred to the Prosecutor, which decided to detain the three accused who were police officers.
EOHR sent a fact-finding mission and reported to officials.
- Ahmed Fouad Abdel Latif Allam:
Address: King Faysel St, Giza
Age: 16 years old
Occupation: student in the third preparatory year
Date of Incident: 2 November 2002
Police officers arrested the aforementioned while he was standing in front of his residence.
A police report was issued against him accusing him of drug consumption.
He was exposed to torture to force him to sign the report.
When he was presented to the prosecutor, he was released.
- Mustafa Helmy Abdel Samea:
Address: Sokeil, al-Warak, Giza
Age: 25 years old
Occupation: Car Mechanic
Date of Incident: 26 January 2002
The aforementioned and a friend of his were visiting an acquaintance in Nasr city.
Police officers of the second Nasr City police station stopped them on their way back.
They took the aforementioned and his friend to the police station where they were detained and exposed to torture.
The Adjutant and two of his assistants tied the aforementioned and his friend from their legs and beat them in different parts of their body.
This went as follows:
- Tying both legs and hands with ropes and metal chains
- Hanging them on the door from their legs for long periods and whipping them on the back and different areas of the body.
- Electrocuting them in sensitive parts of the body while they were hanging
The police officers waited for the signs of injuries to heal so as to release the aforementioned and his friend.
However, the friend of the aforementioned died (Look at the case of Sayed Khalifa Eissa in the section on the Right to Life).
Meanwhile, the condition of the aforementioned condition deteriorated.
On 5 March 2002, police officers took both of them and threw them on the high way close to their village.
The aforementioned crawled until he reached one of his relatives who immediately called for a doctor and informed his family who then took him to a hospital.
Procedures taken: The family reported the incident and prepared a medical report.
Investigation took place by al-Agouza prosecutors.
The case was transferred to the Nasr City Criminal Court.
Two of the accused police officers were sentenced to three years in prison on 8 July 2002.
- Muhammad al-Sayed Darwish:
Address: al-Sharabiya, Cairo
Age: 21 years old
Occupation: Student in the third year of Secondary School
Date of the Incident: 8 May 2002
Police officers unexpectedly arrested the aforementioned while he was in Sobhi Hussein St, Moqatam.
They took him to the Moqatam police station and then to al-Khalifa police station.
There he was detained in the detention room where the head of the investigation bureau physically attacked him as follows:
- Blindfolding him
- tying his hands and paralyzing his movement
- beating him in different parts of his body
Reports were sent to the General Prosecutor for this purpose.
- Ahmed Muhammad Sayed Abdel Hafez:
Address: 64 al-Falaki al-Tunsi St. al-Khalifa
Occupation: Student in the technical trade institute
Date of incident: 1 May 2002
Police officers stopped the aforementioned while he was in Nahyan St, Boulaq al-Dakrour.
Two of the police officers hit and insulted him. He was then taken to Boulaq al-Dakrour police station.
There an officer and six adjutants hit him until he fell on the floor.
The officer hit him in different parts of his body and hanged him on the door while his hands were tied behind his back.
Procedures taken:
The family of the aforementioned reported to the General Authority for Inspection (report no. 175/4) and the Ministry of Interior (report no. 5060 issued on 26 May 2002).
EOHR sent a fact-finding mission and reported to the General Prosecutor, Giza Security Director, Head of the Inspection Administration, and the Minister of Interior.
- Atef Hassan Muhammad Abdullah:
Address: Kitkat, Imbaba
Age: 31 years old
Date of Incident: 16 July 2002
Police officers searched the aforementioned while he was standing near his residence.
When he objected they took out from his pocket a penknife and hit him with it in his eye.
They took him to several hospitals for treatment but the hospitals refused to accept him because of the seriousness of his condition.
They then took him to the Giza Security Directorate where they issued a report against him for possessing a weapon.
They then took him to Kasr el-Eini hospital were he underwent an emergency operation in his eye.
Procedures taken:
The family reported to the Imbaba Prosecutor.
- Ahmed Saeed Ibrahim el-Doum:
Address: Kerdasa, Imbaba Centre, Giza
Occupation: Teacher
Date of Incident: 15 January 2002
Forces of the State Security office in Kerdasa force entered the resident of the aforementioned.
They searched it and attacked the aforementioned by beating him and insulting him.
The forces then took him to the Kerdasa State Security Office where he was exposed to different forms of torture, including:

Blindfolding and tying his hands
Hitting him in different parts of his body
Hanging him on the door
Electrocuting him in sensitive areas of his body

EOHR reported to the head of the Imbaba Centre Prosecutor.

Khaled Muhammad Ahmed al-Naggar and his wife:

Address: Al-Mahala al-Kubra, al-Intag St.-Manshiyat Omar bin Abdel Aziz.
Date of the Incident: 18 December 2001
Al- Mahala police forces arrested the aforementioned on 18 December 2001.
In the police station, the head of investigation and his men tortured the aforementioned and electrocuted him in his ears and sensitive areas of his body.
They also hanged him on one of the doors.
When his wife complained, they arrested her and tortured her by electrocuting her in sensitive areas in her body. The aforementioned was tortured for 13 days.
Procedures taken:
The family of the victim reported to the Security Director of al-Gharbiya and the General Attorney.
The family also issued a report against the head of investigations (Report no. 8920/2002).

Muhammad Aly Hussein Hegazy:
Address: al-Manzala Centre, al-Dakahliya.
Age: 28 years old
Date of Incident: 9 June 2002
Al-Manzala police forces arrested the aforementioned.
A police officer made the aforementioned take off his clothes and tied his hands and legs.
He hanged him on one of the patrol cars and drove around in a popular area in front of pedestrians.
The Officer inserted a stick in the anus of the victim while another put off cigarettes in sensitive areas of his body.
EOHR informed the Minister of Interior and the Dakahliya Security Director about the incident.

Sami Muhammad Nabawy Attwa:
Address: Belbeis, Sharkiya
Age: 32 years old
Date of Incident: 8 February 2002
Police forces from the State Security Investigation Bureau of Belebeis force entered the house of the aforementioned and arrested him without any legal premises.
They searched his home and kept him detained in the Bureau for several days.

Adel Muhammad Muhammad Kamiga:
Address: Miami, Alexandria
Age: 50 years old
Date of the Incident: 8 February 2002
Two officers from the State Security Investigation bureau went to the resident of the aforementioned home and asked about him.
They did not find him there, so they asked his family to inform him to go to them on 9 February at the headquarters of the Alexandria State Security.
The aforementioned went to them as they requested.
He remained detained until the evening.
When his family asked about him, they found out that he was deported to the Cairo State Security Office to get some information from him.
He was detained for 7 days, without his family knowing anything about the place or the reason of detention. He was later accused in a case.
EOHR reported to concerned officials.

Khalil Abdullah Khalil:
Address: al-Marg, Cairo.
Age: 32 years old
Date of Incident: 15 January 2002
Al-Marg police forces arrested the aforementioned and destroyed some of the property in his house.
They detained and tortured him inside al-Marg investigation unit.
This was because he had complained to the General Attorney for being previously detained and injured while in detention.
He had presented a medical report confirming his injuries.
Al-Marg prosecutor opened the investigation for that incident.
As a result, the police station's adjutant arrested the aforementioned to force him to relinquish his complaint.
They detained him for four days without any legal basis.
EOHR contacted concerned officials.

Wael Muhammad Tawfik:
Age: 28 years old
Date of the Incident: 22 January 2002
Occupation: Journalist in the London Hayat Newspaper and a member of the popular committee for the support of the Palestinian Uprising
While the aforementioned was in the International Cairo Book Fair in Nasr City, security forces arrested him and took him to Nasr City Police Station.
He was then deported to the headquarters of the State Security Investigation Bureau.
He was detained until 24 January 2002.
Since he entered the Bureau in Lazoughly, he was exposed to physical attacks as following:

Blindfolding his eyes and tying his hands.
Taking off his clothes
Electrocuting him from his right hand
Beating him in different parts of his body
Insulting him
Gagging him with a dirty gag
Pouring ice cold water on his body

The aforementioned reported this incident to the Abdin Prosecutor on 2 February 2002.
He was transferred to a forensic doctor.
From its side EOHR, reported to officials (Report no. 109) on 24 January 2002.

Ahmed Nasr Eddin Moussa al-Ghana:
Address: Imbaba
Age: 50 years old
Date of the Incident: 12 August 2002
At around 3.00 am on 12 August 2002, State Security police forces force entered the resident of the aforementioned.
They arrested him with no legal basis.
They also confiscated his computer and compact discs.
His family tried to find the place of detention, but no information was given to them.
EOHR reported to officials in report number 416 dated 17/8/2002.

Sayed Hassouna Ibrahim:
Address: Old Cairo, Cairo
Police officers arrested the aforementioned because there was a court verdict sentenced on him.
He was presented to the prosecutor.
After papers were finished and a date for a court session was determined, his family was surprised to find that the aforementioned was deported to another police station because his ex-wife has accused him of fraud.
He was detained there from 10 to 17 October 2002.
EOHR reported to officials.

Yousry Ahmed Abdu:
Address: Alexandria
During September 2002, the aforementioned issued a police report against some employees in the Alexandria Health Insurance Office.
However, the aforementioned was arrested for being accused in another case.
Even though the employees he complained were in the station, they were not questioned.
He was handcuffed and put in the detention room.
The aforementioned was exposed to maltreatment by one of the police officers.