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The Egyptian Organization for Human Rights report |
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4/3/2002
report
" Victims without rights "
The EOHR's report on torture in Police Stations and Detention Centers in Egypt
The report reviews a number of cases of torture inflicted upon 9 citizens in the police stations in police stations as well as cases of torture in detention centers against the defendants accused in case no. 8 of year 1998 known as " The returnee from Albania" and case no. 24 of year 2001 known as " El Wa'd Organization". The investigation of the prosecution and the reports of forensic medicine assert that the officers of State Security Investigation tortured the defendants in these cases. It is worth mentioning that EOHR issued 9 reports concerning torture that are: 1- " Crime without punishment: Torture in Egypt"25/12/1993. 2- " Citizens without protection", 24/10/1994. 3- " Torture in police stations must be stopped", 9/3/1997. 4- " The Belqas tragedy: EOHR's report on the death of a citizen in Belqas police station", 28/4/1998. 5- " No way out: Fear of a new stage of social violence", 12/9/1998. 6- " Collective punishment in Al-Kosheh village: Random arrests, …", 28/9/1998. 7- " Torture in Egypt …between Police Excesses and the difficulty of obtaining evidence", 15/4/1999 8- " The millennium has begun…Will crime of torture in Egypt ever end? ", 30/1/2000 9- " Legal Protection for the perpetrators of the crime of torture ", 19/3/2001. In these reports EOHR observed the following remarks regarding torture in police stations and detention centers in Egypt, which are: 1) Torture occurs periodically and regularly in most police stations and detention centers in Egypt from Alexandria to Aswan. 2) Slacking in the investigation of torture and illegal detention, which lead to the escape of the perpetrators from punishment. 3) Arbitrary arrest of the citizens to compel them to confess that they have committed a crime they had not done because one if their relatives is accused in case. 4) The lack of enough evidence to detain people due to article (35) bis -procedures. 5) The inadequacy of the legislative definition of the crime of torture. This definition violates art icle 2 of the international Convention against torture ratified by Egypt. 6) Prohibiting the victims of torture from the right to file a case against the perpetrators, which lead to the spread of the crime of torture and the escape of the perpetrators from being punished. This report shows that torture occurs not only to the citizens who are not affiliated to any political trend but also in criminal cases or just to do a favor for someone or to be partial with one party of the dispute. 7) The investigation officers use the old traditional ways to carry out the investigation and they do not use the advanced ways. Thus the phenomenon of using torture to compel persons to confess is increased because the officers think that beatings are the best way to get information. EOHR , issuing this report, draws the attention to the phenomenon of torture that has spread at an alarming rate because of the lack of a legal control over torture which shall compel the person who commit torture to respect law and not to breach it. It is understand that this person thinks that he is above the law although he is the person who is supposed to be law enforcement official. Therefore, EOHR calls upon the competent authorities to carry on investigations concerning all cases contained herein and to take practical and effective steps to put an end to the crime of torture. It is worth mentioning that the cases contained in this report are documented by EOHR field work unit through complaints received from the citizen, reports of fact-finding missions, police reports, forensic reports and court rulings as well as attending the prosecution interrogations. These cases do not reflect the overall picture of torture taking place in the Egyptian police offices and stations. The report is divided into three main sections, which are: First: The legal texts that incriminate torture and protect the right of body safety mentioned in the International Conventions of Human Rights and the Egyptian Legislation: A- The legal texts of the international covenants and the Egyptian legislation which prohibit the crime of torture . In this part , the report reveals the legal framework concerning the crime of torture and it reveals the weakness of the legislative structure in Egypt and the weakness of the penalties inflicted upon the perpetrators. B- The Legal protection of the victims of torture in the international and national legislative. Second: This part includes 54 cases documented by EOHR that are subjected to torture in the police stations, centers and detention centers. The report includes the torture of the defendants accused in case no. 6 of year 1998 known as " The returnee from Albania". The cases of torture monitored by EOHR reveals the nature of the crime of torture in Egypt and its mechanism in violating the right of the safety of the body as well as the expand practice of the police officers in torturing citizens in detention centers. The police officer do so because they feel that they will not be punished and so they violate the basic rights of the citizens in the police stations , centers and detention centers. Third: EOHR's recommendations: The most important recommendation is issuing legislation which makes the head of the police station or center responsible for torture if it is impossible to identify the person who committed torture. EOHR also recommend the return to the old system that allowed the claimed person to file his/her case directly before the judiciary against the officers and he policemen. EOHR issues this report and hopes that the Egyptian authority will take the necessary steps to end the crimes of violating the right of body safety of the citizens in the police station and centers and detention centers. EOHR hopes that torture will end in the police station and centers and detention centers. |
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