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    IV. The Treatment of Prisoners and Other Detainees


  • Part 1: Legislation, Judicial Verdicts and Procedures
  • Part 2: Human Rights violations in 2003
  • Part 3: EOHR's Fieldwork Activities
  • This section of the report deals with information that EOHR acquired during 2002 through visits of the organization's lawyers to Egyptian prisons and through meetings with those detained.
    This part also deals with the observations, which EOHR recorded during its meetings and interviews with the families of prisoners.

    EOHR notes the continuation of violations monitored during previous years, which deprive prisoners of their human rights as stated in accordance with the constitution, national laws, and international human rights covenants as follows:
    1. Torture and Maltreatment.
    2. Poor health care
    3. Depriving prisoners from continuing their education as they are banned from entering exams.
    4. Depriving prisoners of external communication or visits

    EOHR did not notice any mentionable improvement concerning the treatment of prisoners and other detainees However, EOHR welcomed the Minister of Interior's decision in October 2002 to provide a special detention room in police stations for those not having criminal records or are detained for emergency situations.

    EOHR sees that this decision conforms to article 8 of the Standard Minimum Rules for the Treatment of Prisoners¨, which states, "The different categories of prisoners shall be kept in separate institutions taking into account their sex, age, criminal record, the legal reason for their detention and the necessities for their treatment".
    However, EOHR sees that this positive decision should not let us ignore the general conditions of detention places in all police stations.
    These places lack the basic standard medical and physical environment, which should put into consideration the dignity and welfare of the detainee.
    They also lack special arrangements for visits as this whole issue is left to the administration of each station.
    Moreover, in most cases, the detainee is usually exposed to torture,
    maltreatment, and humiliation.
    EOHR still expresses its concern towards the continuation of these violations inside prisons and in other detention places.
    The following is a presentation of the cases of these violations, which EOHR monitored during 2002.
    1. Torture of Prisoners and Other Detainees:
    Torture and maltreatment comes at the top of these most disturbing violations, particularly as it has stereotypical and traditional characteristics.
    Examples are as follows:
      1. Prior to the authorities' inspection of prison cells, which takes place four times a year, police dogs and electric sticks are used on the inmates by the prison's administration. Inmates are beaten and their property confiscated.

      EOHR considers this a form of torture and humiliation of prisoners.
      2. The disciplining of inmates is also a cause for concern and breaches of regulations.
      The disciplinary detention period in solitary confinement should be between seven to fifteen days, maximum, to be decided by the director of the prisons authority and based on the severity of the offence.

      EOHR has monitored the detention of prisoners in solitary confinement for periods that have exceeded 6 consecutive months.
      The disciplinary cell is small not exceeding two by one meters and does not have ventilation except for an opening of twenty by twenty centimeters in the door.
      The prisoner is not allowed out of the cell except for a short period once every 24 hours.
      In addition to this, the prisoner is not allowed to see any visitors or receive letters whilst he remains in solitary confinement.
      This is a violation of article 37 of the Standard Minimum Rules for the Treatment of Prisoners that states, "Prisoners shall be allowed, under necessary supervision, to communicate with their family and reputable friends at regular intervals, both by correspondence and by receiving visits".
      This is also a violation of article 38 of the law number 396 of 1956 concerning the organization of prisons, which gives the prisoner the right of correspondence and family visits.

      EOHR calls for the judicial authority to intervene at the stage of implementation of punishment and for the judiciary to have the power to supervise the extent of commitment of the concerned bodies to the law and to punish all those who violate the law.
    2. Poor Health care:
    International Covenants on Human Rights, and articles of National laws were keen to confirm the necessity of providing the minimum standards of living inside prisons, including insuring an acceptable level of health care.
    National legislation includes many rules concerning the providing of the basics to life inside prisons such as a suitable place, health care, and exercise.
    However, the results of EOHR's fieldwork monitoring reflects the daily suffering of prisoners and detainees in most Egyptian prisons as a result of the spread of diseases and contagious epidemics that threaten prisoners' lives and their physical safety.
    The poor living standards inside prisons play an important role in the spread of disease and epidemics as cells lack suitable ventilation.

    EOHR learnt about prisoners' protests against these low standard situations as some of the detainees went on a hunger strike hoping to end the detention period and be released.

    EOHR has followed, throughout previous years, the prison authority's official statements concerning the building of modern hospitals and the contracting of the Ministry of Interior with the Ministry of Health to send doctors to provide health care to prisoners.

    EOHR has also followed statements on controlling contagious and dangerous diseases stating that these situations are under control and that inmates receive sufficient nutrition and medication.
    However, EOHR confirms from its side that there continues to be a lack in health care provided and that it is still a source of a violation to basic rights for detainees.
    In fact, and according to the information gathered by the EOHR during 2002, there is a continuation of deteriorating health and sanitary conditions, including insufficient amounts of food with nutritional value, lack of air ventilation, and difficulty in procuring medication from outside the prison.
    In addition, prisoners find obstacles in being allowed to go to the clinics for medical checkups.
    In some cases, prisoners are not taken to clinics or the visit is postponed which could lead to a deterioration in the health status of the prisoner.
    Usually, only serious cases are allowed to go to the prison hospital.
    This is considered a violation to international covenants and national legislation.
    According to the Minimum Standards for the Treatment of Prisoners, there are rules for health conditions.
    Article 24 states, "the medical officer shall see and examine every prisoner as soon as possible after his admission and thereafter as necessary, with a view particularly to the discovery of physical or mental illness and the taking of all necessary measures;
    the segregation of prisoners suspected of infectious or contagious conditions, the noting of physical or mental defects which might hamper rehabilitation, and the determination of the physical capacity of every prisoner for work".
    Furthermore, article 36 of law number 396 of year 1956 states that for each prisoner who has been discovered to have a deadly disease, the prisoner should be sent to the head of the medical department at prison to be checked up.
    The forensic doctor should check the ill prisoner to look at the possibility of releasing him and the decision should be implemented after the General Director of the prison and the General Prosecutor ratify the decision.
    The Minister of Interior and Justice should inform other concerned authorities.
    Article 486 of the criminal procedures law states that if the prisoner is ill with a serious disease or if the implementation of imprisonment will risk the prisoner's life the punishment could be postponed.
  • Some of the medical cases that EOHR monitored in 2002:
    1. Abdel Moneim Halim Abdel Wahab Muhammad:
    He was detained on 5 September 1994 and was taken to several prisons, including the Maximum Security section of Abu Zaabal Prison, and Fayoum. He is now detained in Damanhur Prison.
    According to his family's complaint to EOHR, his eyesight has weakened and is suffering from a skin disease and rheumatoid arthritis.
    On each visit, the prisoner asks his family to bring a lot of medicine.
    He also requested eyeglasses because the prison administration has not been able to provide him with them.
    2. Sayed Ahmed Abdel Meguid Othman:
    According to the prisoner's complaint from inside the prison to EOHR, he was detained on 27 April 1997.
    He is currently detained in Fayoum Prison.
    The complaint states that he is sick of many diseases, including hepatitis, enlargement of spleen, and varicose veins.
    His health condition is deteriorating and that he can hardly move from the bed, which calls for isolating him in the prison hospital.
    3. Muhammad Sayed Hussein Moussa:
    According to the prisoner's family, he was detained on 22 June 1999 and is currently detained in Wadi Natroun Prison.
    During his family's visit in October 2002, he complained about having irregular heartbeats with pain.
    He reported to the prison's administration requesting tests but was refused, a fact that is dangerous to his life.
    4. Muhammad al-Sayed Abdel Rahman Enab:
    According to his family's complaint to the EOHR, he was detained on 1 December 1993 and is currently staying at Wadi Natroun 2 Prison even though he has not committed any crimes.
    Inside prison, he got neurological disorders with convulsions.
    Since the detention has been for a long time without him committing a crime, he went on a hunger strike in the period from 10 May 2002 to 28 May 2002.
    5. Galal Abdel Alim Abdel Moumen:
    According to his family's complaint to EOHR, he was detained in 1993 and is currently being held in Fayoum Prison.
    Inside prison he got several illnesses including tearing of the lumbar vertebrae ligaments with suspected disc prolapse, in addition to a decision should not let us ignore the general conditions of detention places in all police stations.
    These places lack the basic standard medical and physical environment, which should put into consideration the dignity and welfare of the detainee.
    They also lack special arrangements for visits as this whole issue is left to the administration of each station.
    Moreover, in most cases, the detainee is usually exposed to torture, maltreatment, and humiliation.

    EOHR still expresses its concern towards the continuation of these violations inside prisons and in other detention places.
    The following is a presentation of the cases of these violations, which EOHR monitored during 2002.
    1. Torture of Prisoners and Other Detainees:
    Torture and maltreatment comes at the top of these most disturbing violations, particularly as it has stereotypical and traditional characteristics. Examples are as follows: 1. Prior to the authorities' inspection of prison cells, which takes place four times a year, police dogs and electric sticks are used on the inmates by the prison's administration. Inmates are beaten and their property confiscated.

    EOHR considers this a form of torture and humiliation of prisoners.
    2. The disciplining of inmates is also a cause for concern and breaches of regulations.
    The disciplinary detention period in solitary confinement should be between seven to fifteen days, maximum, to be decided by the director of the prisons authority and based on the severity of the offence.

    EOHR has monitored the detention of prisoners in solitary confinement for periods that have exceeded 6 consecutive months.
    The disciplinary cell is small not exceeding two by one meters and does not have ventilation except for an opening of twenty by twenty centimeters in the door.
    The prisoner is not allowed out of the cell except for a short period once every 24 hours.
    In addition to this, the prisoner is not allowed to see any visitors or receive letters whilst he remains in solitary confinement.
    This is a violation of article 37 of the Standard Minimum Rules for the Treatment of Prisoners that states, "Prisoners shall be allowed, under necessary supervision, to communicate with their family and reputable friends at regular intervals, both by correspondence and by receiving visits".
    This is also a violation of article 38 of the law number 396 of 1956 concerning the organization of prisons, which gives the prisoner the right of correspondence and family visits.

    EOHR calls for the judicial authority to intervene at the stage of implementation of punishment and for the judiciary to have the power to supervise the extent of commitment of the concerned bodies to the law and to punish all those who violate the law.


    2. Poor Health care:
    International Covenants on Human Rights, and articles of National laws were keen to confirm the necessity of providing the minimum standards of living inside prisons, including insuring an acceptable level of health care.
    National legislation includes many rules concerning the providing of the basics to life inside prisons such as a suitable place, health care, and exercise.
    However, the results of EOHR's fieldwork monitoring reflects the daily suffering of prisoners and detainees in most Egyptian prisons as a result of the spread of diseases and contagious epidemics that threaten prisoners' lives and their physical safety.
    The poor living standards inside prisons play an important role in the spread of disease and epidemics as cells lack suitable ventilation.

    EOHR learnt about prisoners' protests against these low standard situations as some of the detainees went on a hunger strike hoping to end the detention period and be released.

    EOHR has followed, throughout previous years, the prison authority's official statements concerning the building of modern hospitals and the contracting of the Ministry of Interior with the Ministry of Health to send doctors to provide health care to prisoners.

    EOHR has also followed statements on controlling contagious and dangerous diseases stating that these situations are under control and that inmates receive sufficient nutrition and medication.
    However, EOHR confirms from its side that there continues to be a lack in health care provided and that it is still a source of a violation to basic rights for detainees.
    In fact, and according to the information gathered by the EOHR during 2002, there is a continuation of deteriorating health and sanitary conditions, including insufficient amounts of food with nutritional value, lack of air ventilation, and difficulty in procuring medication from outside the prison.
    In addition, prisoners find obstacles in being allowed to go to the clinics for medical checkups.
    In some cases, prisoners are not taken to clinics or the visit is postponed which could lead to a deterioration in the health status of the prisoner.
    Usually, only serious cases are allowed to go to the prison hospital.
    This is considered a violation to international covenants and national legislation.
    According to the Minimum Standards for the Treatment of Prisoners, there are rules for health conditions.
    Article 24 states, "the medical officer shall see and examine every prisoner as soon as possible after his admission and thereafter as necessary, with a view particularly to the discovery of physical or mental illness and the taking of all necessary measures; the segregation of prisoners suspected of infectious or contagious conditions, the noting of physical or mental defects which might hamper rehabilitation, and the determination of the physical capacity of every prisoner for work".
    Furthermore, article 36 of law number 396 of year 1956 states that for each prisoner who has been discovered to have a deadly disease, the prisoner should be sent to the head of the medical department at prison to be checked up.
    The forensic doctor should check the ill prisoner to look at the possibility of releasing him and the decision should be implemented after the General Director of the prison and the General Prosecutor ratify the decision.
    The Minister of Interior and Justice should inform other concerned authorities.
    Article 486 of the criminal procedures law states that if the prisoner is ill with a serious disease or if the implementation of imprisonment will risk the prisoner's life the punishment could be postponed.
    · Some of the medical cases that EOHR monitored in 2002:

    1. Abdel Moneim Halim Abdel Wahab Muhammad:
    He was detained on 5 September 1994 and was taken to several prisons, including the Maximum Security section of Abu Zaabal Prison, and Fayoum. He is now detained in Damanhur Prison.
    According to his family's complaint to EOHR, his eyesight has weakened and is suffering from a skin disease and rheumatoid arthritis. On each visit, the prisoner asks his family to bring a lot of medicine.
    He also requested eyeglasses because the prison administration has not been able to provide him with them.

    2. Sayed Ahmed Abdel Meguid Othman:
    According to the prisoner's complaint from inside the prison to EOHR, he was detained on 27 April 1997.
    He is currently detained in Fayoum Prison.
    The complaint states that he is sick of many diseases, including hepatitis, enlargement of spleen, and varicose veins.
    His health condition is deteriorating and that he can hardly move from the bed, which calls for isolating him in the prison hospital.

    3. Muhammad Sayed Hussein Moussa:
    According to the prisoner's family, he was detained on 22 June 1999 and is currently detained in Wadi Natroun Prison.
    During his family's visit in October 2002, he complained about having irregular heartbeats with pain. He reported to the prison's administration requesting tests but was refused, a fact that is dangerous to his life.

    4. Muhammad al-Sayed Abdel Rahman Enab:
    According to his family's complaint to the EOHR, he was detained on 1 December 1993 and is currently staying at Wadi Natroun 2 Prison even though he has not committed any crimes.
    Inside prison, he got neurological disorders with convulsions.
    Since the detention has been for a long time without him committing a crime, he went on a hunger strike in the period from 10 May 2002 to 28 May 2002.

    5. Galal Abdel Alim Abdel Moumen:
    According to his family's complaint to EOHR, he was detained in 1993 and is currently being held in Fayoum Prison.
    Inside prison he got several illnesses including tearing of the lumbar vertebrae ligaments with suspected disc prolapse, in addition to a gastric ulcer and weak eyesight.
    This is according to the report of Al-Manyal University Hospital.
    The specialist advised computerized axial tomography scanning (CT) and it was set for 7 March 2002 in Kasr el-Eini Hospital. However, he was not allowed to go to the hospital so he went on a hunger strike from 7 March 2002 to 25 March 2002.

    6. Esmat Gabber Selim Suleiman:
    According to the prisoner's complaint to the EOHR, he was detained on 9 June 1995 and is currently being held in Fayoum Prison.
    He is suffering from several illnesses including, hemiplegia, involuntary urination and defecation, hepatomegaly and cirrhosis, gastric and duodenal ulcers, and this is according to a report from Al-Manyal University Hospital.
    The specialist said that this is a serious condition and that it is impossible to be cured so he should be released.

    7. Muhammad Farag Kotb Aly:
    According to the prisoner's complaint to EOHR, he was detained on 27 April 1991 and is currently being held in Fayoum Prison.
    He is suffering from several illnesses, including liver cirrhosis, splenomegaly, esophageal varices, gastric ulcer, left kidney calculi, and this is according to investigations done at Al-Manyal University Hospital and the gastro-duodenoscopy at Fayoum Hospital.
    The surgeon decided that any surgical interference would lead to his death because of his poor health.

    8. Samir Haris Abdel Wahab Aly:
    According to the prisoner's complaint to EOHR, he was detained on 11 October 1995 and is being held in Fayoum Prison.
    He is suffering from liver cirrhosis and splenomegaly, duodenal ulcer and this is according to duodenoscopy performed in Fayoum Hospital.
    He is also suffering from hypertension, and epileptic fits and a state of general weakness, which costs the family a lot to buy his medicine.
    9. Aly Abdel Hakim Mahmoud Muhammad:
    His family's complaint to EOHR said that on 20 December 1994 he was detained and put in Wadi al-Gadid Prison.
    He is currently suffering from chest disease (bronchial asthma) and is using inhalers to help him breathe. He is also suffering from health problems in the urinary system and uses medication to dissolve kidney stones.
    During his family's visit on 23 June 2002, they found him in a very ill condition and requested that he be sent to one of the hospitals belonging to the prison authority.
    10. Dahi Khalaf Muhammad Abdullah:
    According to his family's complaint, he was detained in April 1995 and is being held at Wadi al-Gadid prison.
    He is suffering from bronchial asthma, hepatitis and is suffering from gouty disease and kidney stones in addition to hypertension.
    His condition has become very bad and is costing his family a lot to provide the medication needed.

    Other medical Cases Monitored by EOHR




    3. Deprivation from Education:

    Deprivation from continuing education is regarded as one of the most blatant violations prisoners are subjected to.
    There are many young people who have been detained while in different educational stages, and detention deprives them of hope for their present and future, because prison authorities refuse them permission to continue their education.
    Special permission has to be granted before exams can be taken and this final decision rests in the hands of the prison authorities, who usually refuse.
    In addition, with long-term detention and the movement of the prisoner between different prisons prevents the stability needed for acquisition of textbooks, studying and sitting exams.
    It becomes almost impossible for the student prisoner to enter exams because they do not attend lectures.
    It is even more difficult for prisoners registered in practical schools, which require a certain attendance rate, and thus the prisoner is not allowed to enter the exam because he/she did not attend as required.
    It is often necessary for the prisoner's family to go to the administrative court in order to get permission for the detainee to enter the exam.
    Even though the court may allow the prisoner or detainee to attend the exam, this is not implemented because of the long distance between the prison and the university headquarters.
    This is in violation of article 77 (1) of the Standard Minimum Rules for the Treatment of Prisoners, which states "provision shall be made for the further education of all prisoners capable of profiting thereby".
    Furthermore, article 40 of the Standard Minimum Rules for the Treatment of Prisoners states, "every institution shall have a library for the use of all categories of prisoners".
    According to article 26 of the Universal Declaration for Human Rights, "Everyone has the right to Education.
    Education shall be free, at least in the elementary and fundamental stages".
    Moreover, this treatment is a violation of article 31 of the Prisons Law, which states that the prison administration should encourage prisoners to seek knowledge and education and that the prison administration should facilitate studying for prisoners.
    For eight years, EOHR has monitored many cases of prisoners who have been deprived of their right to education.

    EOHR presented several reports during 2002 to the general prosecutor, the Minister of Interior, and the director of the Prison Authority concerning the deprivation of prisoners from continuing their education, calling for them to take steps to ensure the right of prisoners and detainees to continue their education.
    However, the organization received no response.
  • Some of the complaints that EOHR received during 2002 concerning deprivation from education:

    1. Ayman Muhammad Abdel Meguid Omar:
    According to the complaint, which EOHR received from the family of the detainee, he was detained on 17 August 1992 and has been moved to several prisons, including Fayoum and Damanhur.
    He is currently being detained at Abu Zaabal Prison.
    The detainee was a student in the fourth year of the faculty of science, Helwan University.
    He was banned from sitting for the exam. As a result, his family went to the Administrative Court (appeal number 6203/48). On 14 June 1994, the court approved his continuing his studies.
    However, the verdict was not implemented and he has not been able to sit for the exam until the present time.

    2. Muhammad Hassan Rehim Hassan:
    According to the complaint, which EOHR received from the family of the detainee, he was detained in April 1994, and has been moved to several prisons, including Istikbal Turrah, Fayoum, and Wadi al-Gadid.
    The detainee was a student in the faculty of education, Cairo University, Fayoum Branch.
    He has not been able to sit for his exams since the date of detention.

    3. Al-Sayed Saad Ismail al-Sayed:
    According to the complaint, which the EOHR received from the family of the detainee, he was detained on 6 February 1993 and has been moved to several prisons, including Liman Abu Zaabal, Shebin el-Kum, Wadi Natroun 1, Fayoum, and Damanhur.
    The detainee was a student in the fourth year of the Faculty of Engineering, Monofiya University.
    He has been prevented from sitting for his exams since his detention.
    His family went to court for him to be able to continue his education.
    Later, he was able to sit for the theoretical exams only and banned from practical exams, which makes him fail constantly.

    4. Ahmed Aly Naguib:
    According to the complaint, which EOHR received from the family of the detainee, he was detained in 1996. He was moved to several prisons including, Fayoum and Wadi al-Gadid.
    He was a first year student in the Faculty of Humanities, Minia University.
    He has been prevented from entering exams and although his family has presented several petitions, there has been no response.

    5. Sameh Abdel Latif Ibrahim Hassan:
    According to the complaint, which EOHR received from the family of the detainee, he was detained on 14 November 1998, he was detained for two days in the State Security Investigation Bureau Headquarters in Gabber Bin Hayan, Giza and then for 6 months in Istikbal Turrah prison before he was moved to Damanhur Prison.
    The detainee is a student in the school of theology, Al-Azhar University.
    He has been prevented from sitting for his exams since the date of his detention.

    6. Usama Hamed Tohamy:
    According to the complaint, which EOHR received from the family of the detainee, he was detained in January 1992 and spent three years in Asiut Prison, then he was moved to Wadi Natroun Prison, where he stayed for two and a half years, and lastly he was moved to Wadi al-Gadid Prison.
    The detainee was a student in the final year of the faculty of pharmacy, Asiut University.
    He was detained while he was sitting for the mid year exam in January 1992 and has not sat for any exams since he was detained.

    7. Sayed Bakry Gomaa Abdel Kader:
    According to the complaint, which EOHR received from the family of the detainee, he was detained in 1992 and he was moved to several prisons including the Maximum Security section in Abu Zaabal and Wadi al-Gadid.
    He is currently detained in the maximum-security section in Abu Zaabal.
    The detainee was a student in the fourth year of the faculty of engineering, Cairo University but he was prevented from sitting for his exams.
    He applied to join the Reading Institution for learning the Qur'an, which is affiliated to Al-Azhar.
    However, the prisons authority refused his request.

    8. Omar Hosni Ahmed Abul Masoud:
    According to the complaint, which EOHR received from the family of the detainee, the aforementioned person was detained on 28 September 1994.
    He was moved to several prisons, including Istikbal Turrah, Damanhur and then Wadi al-Gadid.
    He was a student in the faculty of humanities, Cairo University.
    He has not been allowed to sit for his exams since the date of his detention.

    9. Atef Abdel Zaher Hassab al-Naby:
    According to the complaint, which EOHR received from the detainee's family, he has been in detention since 6 December 1993.
    He was moved to several prisons, including Damanhur and Wadi al-Gadid.
    He has been banned from sitting for his exam since the date of his detention.

    10. Emad Eddin Refaat Aly Saad:
    According to the complaint, which EOHR received from the detainee's family, he has been held in detention since 5 July 1995.
    He was moved to several prisons, including Bandar al-Minia, Wadi Natroun 1, and then Fayoum Prison.
    He has been prevented from sitting for his exams.

    Some cases monitored by EOHR during 2002
    of students deprived of their education




    4. Restrictions imposed on prisoners to receive visits
    and communicate with the outside world:

    Although there has been a noticeable improvement in the visiting system since mid-2001, which came after the Islamic Groups initiative to stop violence¨, this change in the system did not include all prisoners and detainees
    . Rather, it was limited to those affiliated to Islamic Groups.
    However, visits to those affiliated to the Jihad, al-Takfir and al-Higra Islamic Groups, were only allowed in a small crowded room with a wire barrier separating the detainee from the visitor.
    Furthermore, the Assistant of the Minister of Interior for the prison sector announced the administrative decision number 907 for the year 2002 on 26 October 2002 to ban any visits to Istikbal Turrah, Maximum Security section of Turrah, Maximum Security section of Abu Zaabal, and the third section of Liman 1 Abu Zaabal prisons for three months.
    He claimed that this was because, during this period, these prisons were a target.
    Straight after this decision was announced, some of the families went to visit their detained relatives in the Maximum Security section of Abu Zaabal prison. However, the prison administration denied them from seeing their relatives and maltreated some of the visitors.
    Accordingly, some of the detainees were transferred during 2002 from the Maximum Security Section of Abu Zaabal Prison to Liman Abu Zaabal.
    Some of the relatives went to see them and give them some food.
    However, when they arrived, the prison administration told them that they had to go back to the Maximum Security Section of Abu Zaabal to request a formal letter allowing them to visit their detained relatives.
    This is considered a violation of the right of the prisoner to communicate with their families.
    In addition, when the family of a detained person appeals a detention order and receives an order for the release of the detainee, another order is issued to detain the prisoner.
    Usually, in this case, the family has to go through a lot of trouble to be able to know where the detainee is being held.
    Moreover, when the detainee is put in a prison that does not allow any visits, the family appeal. When the family receives a court order allowing them to visit the detainee, the prison administration allows them only one visit.

    Fifth: The Right to a Fair and Impartial Trial


    Article 14 of the International Covenant on Civil and Political Rights (ICCPR) states: "All persons shall be equal before the courts and tribunals.
    In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law".
    In this context, EOHR reiterates its opposition to trying civilians in front of exceptional courts in all forms; whether Military, Higher State Security, or Emergency State Security.

    EOHR considers them illegitimate courts as they lack the legal assurances of their independence and guarantee of due process.
    This is considered a breach to international covenants concerned with human rights and national legislations.

    EOHR is following the situation of the right to a fair and impartial trial and all violations connected to it, especially the trying of civilians in front of exceptional courts.

    EOHR has followed up during 2002 the sessions of two cases in front of the military court.
    It has also followed up nine cases in front of State Security Courts and the State Security Prosecutor.
    The following is a presentation of the occurrence of violations of the right to a fair and impartial trial during 2002.
    1. Military Trials:
    1- Al-Asatezah Organization Case; involving citizens affiliated to the Muslim Brotherhood: On 30 July 2002, The Military Court in Hikestep made its ruling in case number 29 for the year 2001 Military Crimes known by the name of 'Al-Asatezah Organization'.
    In this case, twenty-two affiliated to the legally banned Muslim Brotherhood were accused.
    Five of the accused were sentenced to five years imprisonment.
    Eleven of the accused were sentenced to three years imprisonment.
    Six were released.
    Facts of the case go back to August and September 2001 when the twenty-two accused were arrested and interrogated under the supervision of the Higher State Security Prosecutor.
    On 26 November 2001, a decision was issued to refer the case to the Military court and to continue investigation under the supervision of the Military Prosecutor, which charged them with the following accusations:
    • Joining the banned Muslim Brotherhood.
      This is a group calling for the suspension of the constitution and law and the prevention of public institutions from performing their duties.
      They were accused of performing administrative work for the organization.
      This is by fortifying their activities through contacting other factions with similar philosophies and who are able to convince others with their beliefs by organizing secret meetings between them.
      The purpose of these meetings being to study plans to implement their beliefs and to direct participants in accordance with the organization's standards and interests.
      This is in addition to putting into action a plan to establish a computer company whose profits would finance the Brotherhood's movement.
      The accused have also penetrated charity associations and the students' scene to incite public opinion against the ruling regime in order to take over power and state institutions.
    • Possession of publications, which aim to spread the aims of the organization, as stated above.

    On 27 December 2002, the military trial began in the Hikestep area in Cairo.
    The trial took eighteen sessions, of which two of them were procedural sessions, three to hear witnesses, ten for the prosecutor and defenses' pleadings, and three for the ruling that was issued on 30 July 2002.
    2- Al-Waad Organization Case:
    The Higher Military Court in Hikestep issued on 9 September 2002 its verdict in case number 24 of 2001 (military crimes), known as 'al-Waad (The Promise) Organization'. The case involved ninety-four accused, of which six were sentenced in abstentia.
    The court ruled on the imprisonment of fifty- one and the release of the other forty- three.
    Rulings varied between fifteen years of hard labor for three of the accused, seven years of hard labor for another three, five years for thirteen, three years for twenty-four and two years for two of the accused.
    The court also ruled in abstentia on 6 of the accused for three years of hard labor.
  • The case was referred to the military court on 16 October 2001 following their arrest during May 2001.
    The State Security Prosecutor detained them for interrogation for almost five months.
    Following their referral to the Military Prosecutor, they were charged with the following accusations:
  • The establishment and administration of an illegal secret organization aiming to suspend the constitution and the law and prevent public institutions from performing their jobs.
    In addition, the organization's aim was to interfere in personal freedoms and the general rights protected by the constitution and law.
    Their aim was also to harm the nation's unity and social security, terrorism being one of the methods that the organization had used to achieve its goals.
  • The participating in an organization that was established in violation of the law. One of the aims of the organization is to suspend the current ruling system and laws and incite others to do the same.
    The organization calls for fighting the system by observing and assassinating security men and public personalities, in addition to bombing and destroying state economic institutions.
  • The possession of weapons and bombs in addition to the possession of publications, which aim to spread the goals of the organization.
  • Receiving military training outside the country without written permission from the relevant authorities.
    The aim of such training was to implement terrorist attacks.
  • Manufacturing bombs (sixteen hand and electric bombs) without the necessary license.

    II. Higher Emergency State Security Court:
    1. Usama Ahmed Farag:
    Case number: 4638 for the year 1986/36, Azbakiya
    Charges: Throughout 1985 and until the end of 1986, the accused, with others, organized groups aiming to fight the main principles on which the ruling system in Egypt is based.
    Their aim was also to spread hatred and incite the public against the system by using force and violence.
    The accused was arrested while he was walking in one of the streets in Bosnia and was deported to Egypt on 6 October 2001.
    Interrogations continued until 18 February 2002 when he was referred the Higher Emergency State Security Court.
    On 16 March 2002, the court began to look into the case.
    The hearing was postponed to 20 April 2002 and then postponed three consecutive times to 22 April 2002, 28 April 2002, 29 April 2002 then finally 18 May 2002 for ruling where the court sentenced the accused to ten years of hard labor.

    2- Ahmed Abdel Hafez Othman:
    During the course of 1985 until the end of 1986 in Egypt, the accused and others intentionally set residential building, Husapierre Theatre, Karim 2 Cinema, and several video clubs in Cairo on fire.
    The accused and others set police car (Number 12687) on fire causing major damage.
    The accused was arrested in Cairo on 10 May 2002.
    Interrogations continued by the State Security Prosecutor until 21 December 2002 and were discussed in sessions until the court sentenced the accused on 16 March 2003 to ten years of hard labor.
    3- One hundred and one (101) members of the Muslim Brotherhood accused in Alexandria:
    Date of Arrest: 27 June 2002
    The accused were arrested during the complementary elections for the People's Assembly in Al-Raml district for supporting the Muslim Brotherhood's representative, Jihan al-Halafawy.
    They were charged with the following:

      1- Participating with others in influencing a gathering risking public peace and refusing to obey public authorities
      2- Participating in an assembly aspiring to commit a crime and suspend the implementation of law and regulations.
      3- Intentional destruction of buildings and public property
      4- Attacking public employees by using force and violence and threatening them while doing their duty.
      5- Intentional destruction of government properties and public utilities in order to provoke fear and anarchy
      6- Intentional mutilation of money, making it unsuitable for use
      7- Attempting to destabilize order and election procedures by using force
    They were referred to the State Security Prosecutor with case numbers 27692 for the year 2002, 27691 for the year 2002, 27699 for 2002, 27696 for 2002, 27694 for 2002, and 277700 for 2002, Al-Raml Misdemeanor Court.
    Investigations continued with the prosecutor for two months then they were referred to Al-Raml Misdemeanor Court.
    Hearings were set for 9, 10, 11 and 22 September 2002.
    On 23 September 2002 the court ruled by releasing thirty-five of the accused and imprisoning sixty-six for three months.
    In its legal reckoning, the court requested that the law of assembly be amended and expressed conservation towards the Emergency Law.

    4- Andy Ibrahim Shukry:
    Case number: 457 for the year 2002, Emergency State Security Misdemeanor Court; al-Nozha.
    Charges: The accused was charged with publishing information on the internet about a killer who kidnapped women off the streets of Nasr City and Misr al-Gadida, spreading false rumors that resulted in instability in the general security, heightening fears amongst the public and causing harm to public interests.
    The case was referred on 24 March 2002 from the State Security Prosecutor to Al-Nozha Court and a hearing was set for 28 March 2002.
    It was postponed to 4 April 2002. On 14 May 2002, the court ruled for the imprisonment of the accused for two months of hard labor and a fine of LE 200.

    5- Al-Matariya organization Case:
    On 5 March 2002 the Emergency State Security Misdemeanor Court; Al-Matariya, issued its ruling on case number 6050 for the year 2001, known as 'the Qur'anists or al-Matariya Organization'.
    The Court ruled for the imprisonment of the first and second accused (Amin Youssef Aly Hassan and Aly al-Mandouh Abdel Mawla) for three years.
    The rest of the accused were given a one year suspended sentence.
    The State Security Prosecutor had referred the 8 accused, including one woman, with charges of, in accordance with article 98 of the penal code, misuse of the Islamic religion and using it to incite radical thoughts.
    It is recalled that the Military Judge who had ratified the sentence on the first two accused, called for retrying the rest in another district.
    The rest were actually referred to al-Matariya State Security Misdemeanor Court in another district.

    EOHR followed the sessions of the trial, calling for the freedom for religious beliefs and the freedom of thought and creed.

    6- The alleged prophet (Sayed Tulba) Case:
    The Higher State Security Prosecutor referred twenty-one accused charged with disrespecting Islam to the Emergency State Security Misdemeanor Court; Nasr City.
    They were charged with using the Islamic religion to spread radical thoughts to incite disorder and disrespect of the religion. .
    The accused follow the Sufi track and their lawyer presented several references proving that the accused had not violated methods of the Sufi way.
    The court sentenced the first accused, Sayed Tulba, and the sixth accused, to 3 years imprisonment.
    The rest were given one year suspended sentences.

    EOHR followed the case and called for freedom of thought and belief, which is protected by the Egyptian Constitution, and international covenants, such as the Universal Declaration for Human Rights and the International Covenant for Civil and Political Rights.
    EOHR also referred to a statement by the Court of Cassation, which says that belief is a personal issue and that no judge has the right to interfere in it.

    7- Muhammad Nagah Hassan:
    He was arrested on 7 November 2001, with the help of American intelligence in Peshawar, Pakistan.
    He was referred to the American intelligence for interrogation in Pakistan.
    Investigations did not find evidence to incriminate him and he was deported to Egypt where he stayed in the State Security Investigation Bureau for forty-five days.
    On 15 February 2002, he was put in Istikbal Turrah Prison. He had, whilst he was in Pakistan, requested political asylum.
    During April 2002, he was referred to the State Security Prosecutor in Cairo in the case number 502 for 1994. His detention was renewed until he was released.
    Then he was arrested and put under Maximum Security in Abu Zaabal prison.

    8- Muhammad Arafa Muhammad Arafa:
    He was arrested on 21 February 2002 in Azerbaijan where he was under investigation.
    He was then deported to Egypt on 28 February 2002 where he was detained for twenty-five days undergoing interrogation in the Egyptian intelligence headquarters.
    He was then detained for forty-five days in the State Security Investigation Bureau in Nasr City where he was exposed to torture.
    He was then referred to the State Security Prosecutor, case number 607 for 2002, and then he was remanded in Istikbal Turrah prison.

    9- Al-Sayed Abdel Hamid Ahmed Attiya:
    He was arrested in Sudan during July 2002 and was deported to Egypt where he was detained in the State Security Investigation Bureau.
    He was then removed to Istikbal Turrah Prison as he was sentenced to seven years imprisonment for case number 8/1998 Military Crime, a case known as "Returnees from Albania".

    Sentences in Case Number 34 for the Year 2001 Military Crimes: Al-Waad Organization



    Names of the accused in the Muslim Brotherhood Doctors
    Organization, Case number 39 for the year 2001 Military Criminal.


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