| The Egyptian Organization for Human Rights |
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Reports Introduction Section one Section two: Part One Section Two: Part two Part three
“Torture Should Be Stopped” Section one: First: The legal texts incriminating torture and protecting the right to bodily safety in both the International Conventions of Human Rights and the Egyptian Legislation: Torture Defined: Stated in Article 1 of the International Conventions Against Torture, and other Cruel, Inhuman or Degrading Treatment or Punishment and adopted by the UN General Assembly on 9 December 1975, torture is defined as: “…Any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity…” In addition, Article 42 of the Constitution states in relevant part that: “…Any citizen arrested, detained or whose freedom is restricted shall be treated in a manner concomitant with the preservation of his dignity. No physical or moral harm is to be inflicted upon him. He may not be detained or imprisoned except in places defined by laws organizing prisons. If a confession is proved to have been made by a person under any of the aforementioned forms of duress or coercion, it shall be considered invalid and futile.” Even more, Article 57 of the Constitution says: “…Any assault on individual freedom or on the inviolability of private life of citizens and any other public rights and liberties guaranteed by the Constitution and the law shall be considered a crime, whose criminal and civil lawsuit is not liable to prescription. The State shall grant a fair compensation to the victim of such an assault.” Therefore, it is obvious that rights and public freedoms including the right to personal safety are guaranteed by law and the constitution. Also, the executive authority shall respect these guaranteed rights and protect victims whose rights are violated. The authority shall be legislative; laws will punish those who violate those rights. Article 184 of the Egyptian Constitution states “Police Authority shall be a civil disciplinary body." Its Supreme Chief shall be President of the Republic. Police Authority shall perform its duty in the peoples’ services, maintain peace and security for the citizens, preserve order, public security and mortality , and undertake the implementation of the duties imposed upon it by laws and regulations, in the manner prescribed by the law.” Law 109/1971 (the police law), Article 3 states: “…The police body is obliged to keep the public order, safety, and moral behaviors, to protect the citizens and their properties, and especially to prevent the committing of crimes and arrest the criminals, also to sponsor the safety and peacefulness of society in all fields, and apply the laws and rules.” The relationship, therefore, between police and the sponsorship of human rights, has two prongs. First, according to police duties, they must keep the safety; keeping the safety does not happen unless citizens can act freely (within reasonable bounds of course). Humanity’s progress is inextricably tied with its ability to have certain basic rights. In the same regard, Article 126 of the Penal Code references one circumstance under which torture may be committed: to compel a person to confess to a crime. In Egypt, however, officers use torture for a wide variety of reasons, some pertaining to confession, some not; there is no limit to its use. Article 129 of the Penal Code states: "…Each
civil servant or public officer, and any person commissioned with a
public service, resorting to cruelty with people, depending on his
position, hence offending their dignity or inflicting physical harm on
them, shall be sentenced to an arrest period of no longer than one
year, or with a fine not to exceed L.E. 200.” victims ask public prosecutors or investigative judges for civil compensation after having been tortured; it is within their discretion to grant them their requests. If the victim’s request is denied, there is no recourse or way to appeal. As for Article 282 of the Penal Code, penalties are supposed to be those commensurate with a felony. However, provisions do not differentiate between actions done by one individual against another and those done by an authority to an individual. Penalties must be strengthened, because usually when these crimes occur, they are done by people in their official capacities as opposed to their personal ones. Egyptian laws do not conform to the International Instruments of Human Rights, particularly Article 1 of the Convention Against Torture, which defined the term “torture” rather broadly. CAT defines torture as: “Any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.” The Egyptian government ratified the Convention Against Torture and therefore integrated it into its domestic juris prudence (Law 151 of the Egyptian Constitution) stating: “…When the president signs any convention and refers it to the People’s Assembly, it will become valid after its confirmation, ratification, and announcement with its details.” Even more, Article 5 of the Universal Declaration for Human Rights states: “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” Article 31 of the Standard Minimum Rules for the Treatment of Prisoners states: “Corporal punishment, punishment by placing in a dark cell, and all cruel, inhuman or degrading punishments shall be completely prohibited as punishments for disciplinary offences.” Article 5 of the Code of Conduct for Law Enforcement Officials states: “No law enforcement official may inflict, investigate or tolerate any act of torture or other cruel, inhuman or degrading treatment or punishment, nor may any law enforcement official invoke superior orders or exceptional circumstances such as a state of war or a threat of war, a threat to national security, internal political instability or any other public emergency as a justification of torture or other cruel, inhuman or degrading treatment or punishment.” Article 2/1 of the International Conventions against Torture, and other Cruel, Inhuman or Degrading Treatment or Punishment stipulates, “Each state party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in territory under its jurisdiction.” Article 2/2 of the same convention states that ”No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political in stability or any other public emergency, may be invoked as a justification of torture.” Article 2/3 states “An order from a superior officer or a public authority may not be invoked as a justification of torture.” Article 4 of the same convention also states: 1. Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture. 2. Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature. It is clear, therefore, that the state and its legislative authority shall take the necessary legislative measures in order to punish all those who violate the rights and public freedoms of others protected by the Egyptian Constitution and other laws, and ultimately prevent people from committing these crimes to begin with. When they do occur, the state is responsible for ensuring victims get compensated accordingly. |