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Chapter Four
Recommendations
1- Egyptian authorities have to abide by act number 72 of the constitution and to execute the legal verdicts by releasing the political detainees, to make a compensation for the damage on them and their families, to provide them with social rehabilitation and to include them in society again.
2-To abolish the application of the Emergency Law's act number 1162 for the year 1958.
To take the procedures necessary to mend the negate impact that the emergency law caused on the status of human rights in Egypt.
As urgently as possible,EOHR calls the concerned authorities to amend the emergency law with what complies with the rules of the International Covenant on Civil and Political Rights, by applying legislative procedures as follows:
- Abolishing act number 3 of the emergency law, which permits the authorities to detain suspects.
Suspicion is not considered a criminal act and is not punishable.
- Committing to the legal standards concerned with defining the concept of the danger on the safety of public order.
- Abolishing act number 50 for the year 1982.
This act took the right of looking into an appeal for the detention decision from the administrative judiciary and limited it to the Emergency High State Security court.
This act violates the laws of the constitution and the laws of the international accord concerned with civil and political rights.
In the case of deciding on the right to appeal to the law and the right of a citizen to appeal to his natural judge, the High court and the high constitutional court issued a lot of verdicts that reinforces that right as a basic right that the constitution provides.
What is meant by the right to appeal to the natural judge is that the right to appeal to the law is for all citizens. This right can not be used to its full potential or to be an effective way to prevent violations on human rights unless a natural judge executes this right that the citizen goes to if he was deprived of his rights and freedoms, whether by individuals or the public authority.
- Modifying act number 3 duplicated from the emergency law, so that it gives the detainee the right to appeal against the decision of denying him the release to a higher court than the court that issued that decision.
- Abolishing the authority of the administration to object to the decision of releasing the detainees.
- Ratification of the optional protocol appended to the accord concerned with political and civil rights, which according to it the HRC has the right to look into the complaints of those who are subject to the violations of their political and civil rights.
3- Toissue the two declarations mentioned in acts 21, 22 from the international accord for fighting torture.
According to them the committee for fighting torture can have its say in the complaints applied by countries or individuals against Egypt's violations for its obligations mentioned in this accord.
4- The Ministry of Interior Affairs has to declare the number of detainees in Egyptian prisons.
This formal declaration should contain the reasons of detention and the number of detention times.
5- To abolish the supervision of the Ministry of Interior Affairs, and to make the prison's administration a division of the Ministry of Justice.
Also, to issue a law that applies the system of judiciary police and to hand it the work of judicial discipline and the administration of work inside prisons.
6- The activation of the practical role for the DA in searching prisons and extending it so that it includes the places of detention like the Central Security offices, the State Security Investigation headquarters, police offices, and the security administrations in the capital and governorates.
7-The application of the texts mentioned in the law of criminal procedures concerned with the prohibition of the existence or the communication of authority figures with the prisoners or temporary prisoners and other detainees.
8- To permit EOHR and other NGOs to visit prisons to check on detainees.
9- To form an independent and neutral committee to investigate all the complaints of the detainees, their families and their lawyers about depriving them from their right to prison visits, to continue education, and to get proper health care and food.
Also, the committee has to look into the complaints of torture and other cruel treatments of detainees.
At the end, to publicize the results of these investigations and to punish those who are responsible for these violations.
10- To improve the state of Egyptian prisons and to provide the rights of the temporary detainees to all detainees as means of providing justice for all.
One of the most important rights is the right of the detainees to messaging, to take visits, to continue education, to get proper health care, proper nutrition, and their right to a humane treatment that preserves their dignity.
11- taking into consideration that the Egyptian authorities follows the security procedures in dealing with marginalized people who are mainly criminal detainees, EOHR asks the Egyptian government to fulfill its obligation towards the international accord for economical and social rights.
Especially for those who are in a poor social level, this is the way to integrate various social levels together.
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