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Reports
Cairo: April
2003
Introduction
Section one
Section two: Part One
Section Two: Part two
Part three
“Torture Should Be Stopped”
Section two:
Part Two: Cases of Torture Leading to Death and Referred To Trial;
Sentences for Perpetrators
Cases of Death in El Wayli Police Station:
Name: Ahmed Taha Mohamed Yousef
Case
Number: 127/2002
District: El Wayli/Felony
Address: El Abaseya
On 23 February 2002, defendants Hamdi Motwali Othman, 45 and a police
assistant, Hamed Mohamed Abdel Qader, 32 and a police assistant and
Esam Abdel El Azez, 26 and a police conscript, each from the El Wayli
police station, beat and kicked Mr. Yousef until he literally dropped
dead of a heart attack. That day, the second day of the religious
feast of Bayrem, the victim was arrested because his brother, who was
being sought, could not be found. They took into custody the victim
to force his brother to show. They did the following to him (in
detail):
v
He had his hands tied backward with iron
handcuffs;
v
He was hit and kicked all over;
v
He was beaten with an iron cuff on his
chest, the back of his head, his chin and his neck
Following the beating, he lost consciousness and died. He was sent to a
hospital but was refused; he was already dead. Nevertheless, the
hospital wrote a report detailing his arrival (alive) where he came to
receive treatment for bruises and that he died later as a result of
acute circulatory failure.
The next day (24 February 2002) in the morning his body
was buried at approximately eight in the morning. There was a
substantial police presence at the funeral that prevented the family
praying for him in his hometown mosque and burying him in the family
burial place in Salah Salem.
An eyewitness to the beating who was also tied up with the
victim confessed that indeed the victim was beaten with an iron cuff
all over his body and that when he asked for a glass of water he was
denied. Shortly thereafter, according to the victim’s inmate, he
died.
The case was referred to the Cairo Criminal Court on July
11, 2002.
Cases in Nasr City Police Station Two
Names: Seyed Khalifa Essa (Deceased);
Mostafa Helmi Abdel Samee (Tortured)
Case
Number: 4258/2002 (Administrative Case, El Besateen, Cairo)
Place
of Death: Nasr City Police Station Two
On 6 January 2002, the two victims were leaving their village (Oseem) to
visit a friend in Nasr City when they disappeared. Two months later
on 6 March 2002, Mustafa Helmy was thrown on a public street near his
house in poor condition; he was taken to El Agoosa Hospital. When the
first victim was searched for in various police stations and
hospitals, a police car took his family (on 7 March 2002) to Zinhom
Morgue to identify his body. His family identified him and observed
his injuries. As documented in forensic report (Number 174/2002), the
injuries were as follows:
v
Wounds along his heels;
v
Lash marks along his calf muscles
resulting from being suspended from a door;
v
Long lash marks along the back;
v
Abrasions along the lower stomach/upper
pelvic region;
v
Bruises along his entire body (from
being beaten)
All these injuries resulted in his death. His family complained to the
head of Nasr City Prosecution and the head of the Cairo Security
Office, in addition to the Ministry of Interior. The case has been
investigated and referred to the Nasr City Criminal Court. Another
misdemeanor case was filed on behalf of four other individuals, who
assisted in covering up the incident. They were referred to Nasr City
MD Court.
EOHR sent a fact-finding mission and complaints to competent authorities
to investigate the cause of death. The ruling 8 August 2002 ruling in
the North Criminal Court issued defendants, Officer Hazem Maher El
Derbi and Ashraf Guhar, three year prison sentences. Defendants
Mahmoud Abou Khalifa and Gamal Fouad Ibrahim (head of anti-car theft
division in the Cairo Security Directorate), were each acquitted. On
2 October, 2002, the Nasr City Misdemeanor court issued defendants
Sherief Kamal El Husseini, Wael Ahmed Gad, Hossam Maher El Derbi and
Ihab Fawzi Abdel Rizk suspended sentences of one year with fines of
1000L.E.
El
Omraneya Police Station
Name:
Ahmed Mahmoud Mohammad Tememm
Age: 19
Case
Number: 17379/2002
Criminal Case: El Omraneya, Giza
Date
of Death: 21 July 1999
Address: 12 Shebeita Street, El Wahda Arabeya Street, El
Haram, Giza
Occupation: Student, Industrial School called Gamal Fahmy
Defendant: Arafah Hamza Mansour Hassan
On 19 July, 1999, Mr. Tememm argued with one of his neighbors who then
complained to the police. He was told by detectives and others to
capitulate or else his brother would be arrested. According to his
sister’s testimony, the officers hit and kicked with their hands and
feet Mr. Tamamm and used a gun (which was used to his head) as well.
In addition, he was taken to the street and further assaulted in front
of his neighbors. He was being beaten so badly that his neighbors
tried to save him. Their efforts went in vain because he was taken by
police car to the station. Later that evening, his brother went to
the police station to meet him. The victim told him he was severely
beaten and tied up by police on the second floor of the building.
Someone named Abdou Sharaf said that the victim’s neighbor named
Karima filed a report (Number 18262/1999) regarding a quarrel between
her and the deceased and decided to reconcile because of their close
proximity to one another. Officer Arafa Hamza, head of the
investigation unit, refused and said he must be taught a lesson.
On 20 July 1999, the victim was presented to prosecutors who released him
solely on the condition that he had a home and could be reached at any
time. The victim did not ask to be transferred to the forensic
medicine department because he was afraid of being re-detained. Later
on that day, he told his brother when he met him while in custody on
the ground floor of the building, that he was again severely beaten
and tortured by the investigation unit without any reason and that he
was to be presented before the security directorate on the next day.
On 21 of July 1999, at 5:00 p.m., the family learned their son was
dead. One day later his family went to Om El Masreiein hospital to
examine his corpse and found the following injuries:
v
Bruises along his forehead;
v
Bleeding from his mouth;
v
Marks along his hands;
v
Red marks along his chest
These injuries were a result of being electrocuted and tortured severely
and
were documented in a forensic report (Number 181/1999); it was
administrative and in the El Omraneya, Giza district. His family
complained to the El Omraneya prosecution, Giza security directorate
and sent telegraphs to the public prosecutor and the Ministry of
Interior and the attorney general for south Giza prosecutors. It also
filed a report (Number 10920/1999); it was administrative, and in the
El Omraneya, Giza district as well.
On 29 June 2002, the attorney general for the south Giza prosecution
accused Arafa Hamza Mansour Hassan of torturing until death the victim
and punished him according to Article 236, paragraphs one and two of
the penal code. They referred the defendant to the Giza Criminal
Court and held a session for him on 12 October 2002. After four
sessions, on 19 December 2002, the court issued its sentence: to
imprison the officer one year, hard labour and pay compensation.
Cases of Death in El Gomrook Police Station
Name: Methat Fahmy Ibrahim Ali
Profession: Merchant
Age:
35
Address: 19 El Shorbaggy Street from Ismael
Sabry Street, El Gomrook, Alexandria
Date: 10 March 2002
Mr. Ali was charged with robbery, so police from El Gomrook police station
broke into his home and inspected it but he was not there so he was
not arrested. On 10 March 2002, when he came back from Cairo he went
to El Gomrook prosecution to give himself up. The prosecution
referred him to the police station where he was detained in the
investigation unit at 4:30 p.m. At 7:45 p.m. on the same day he
died. Some witnesses at the investigation unit said he was tortured
by the investigation assistant. His family found the following
injuries along his body:
v
Cuts along his left ear;
v
Bruises below his eyes and on his chin;
v
Bruises and abrasions along his two
arms;
v
Marks of long lashes along his back;
v
Mark of an injection on his right arm;
v
Bruises along his lower stomach/upper
pelvic area;
v
Small holes along his skull from which
blood was coming
His family filed a complaint (Number 1360/2002) with the public
prosecution
(Administrative division) El Gomrook and a forensic report (Number
82/2002) documented the injuries on the corpse. The attorney general
issued a decision to refer the case to a misdemeanor court.
Ultimately, the assistant for El Gomrook police station was accused
merely of cruelty as opposed to torture and the first hearing,
initially scheduled for 29 December 2002, was delayed to 23 February
2003. EOHR followed up on the case from its inception and attended
the hearings. Another continuance has been issued.
Cases of Death in Snorth Police Centre in El Fayoum
Name: Rabeah Ahmed Ali
Age:
60
Profession: Farmer
Address: North Fayoum
Date:
18 December 1998
The victim was arrested and assaulted by officers while detained at a
police centre. The head of the investigation unit, cooperating with
others, poured kerosene on the victim and set him on fire, causing him
many injuries and leading finally to his demise. Prosecutors
investigated the case and charged the officer, Amr Gaber Saleh, along
with others, in setting the victim on fire thereby leading to his
death. The case was referred to the criminal court with the charge of
torturing until death and on 30 January 2002, the court sentenced the
defendant to two years of hard labour and ordered him to pay an
initial compensation to the family of 2,001 L.E.
Cases of Torture in Shoubra Police Station
Name: Gihan El Mahmady El Shishtawy
Case
Number: 5166/2002
District: North Cairo (Criminal Case)
Defendants: Officers Mohammad Abd El Azeem Ali,
assistant officer in El Sah Police Station Investigation Unit
On 15 October, 1999, while Ms. El Shishtawy was at home, a quarrel took
place between her family and their neighbors. The police were called
and a report was filed. Officers came to their home and took her
father and brother while the others stayed with another officer from
the investigation unit named Mohammed Abdel Azeem. He broke into
their home, inspected it, and took her to the police station to his
office. There he forced her to disrobe and beat her on her face.
When he was done he made an assistant continue assaulting her. He
pulled her hair when she inquired as to the authority under which they
were doing this. Each party involved in the initial dispute was
presented before the public prosecution and then released. After, Ms.
Shishtawy was released, though obviously fatigued. Her father took
her to the Shoubra public hospital where she was attended to. A
medical report (Number 9740/15 October 1999) was filed. A doctor
confirmed the following injuries:
v
Abrasions along the right hand;
v
Bruises along the left shoulder;
v
Post Concussion;
v
Dizziness;
The report confirmed these injuries happened as a result of her bodily
contact with harsh, unknown surfaces. Her family complained to the
public prosecutor who referred the case to the Shoubra misdemeanor
court. The defendant was charged on 15 October 1999 with using his
position to injure the victim as documented in the medical report.
Afterward she was incapable of working or going outside for over 20
days.
The defendant/officer was charged under Articles 242 and 129 of the penal
code. There were several hearings held; on the one on 25 March 2002,
the defendant moved for summary judgment and was denied his request.
On 25 March 2002 he was sentenced to six months and had bail set for
500 LE. He also paid an initial civil compensation of 2,001 L.E. He
filed an appeal on 13 March 2002 but was refused on 31 of July 2002.
Case of Torture in El Wayli Police Station
Name: Sabah Abdel Hamid Mohammed
Address: 15 Masr Wah El Sudan Street, Hadaa El Obba
Profession: Hair Dresser
Case
Number: 696/2001
Defendants: Officers Khalid Abdel Baee Mohammed
El Gareeb, Head of the Investigation Unit, Mohammed Seyid Abdel Zahir,
Ahmed Mohamed Ahmed Dawood
On 16 January 2001, Ms. Mohammed was arrested and detained without reason
and tortured. Officer Dawood arrested her at home, took her to the
investigation unit in El Wayli police station and detained her for
three days. Officer Zahir and others tied her up and lashed her.
After she was released she complained to El Wayli police station but
they refused to take the complaint. So she complained to West Cairo
Prosecution. Her injuries were:
v
Bruises on her legs and feet, in
addition to other parts of her body
Prosecutors referred the case to the Cairo Criminal Court and after many
sessions, on 27 of July 2002, the court sentenced Officer Gareeb to
five years in prison and ordered him to pay an initial compensation of
10,000LE. He was also ordered to pay 100 L.E. in lawyer’s fees. The
other two were acquitted.
Cases of Torture in Beb El Shahreya Police Station
Name: Mohammed El Husseini Imam
Age: 39
Date
of Death: 9 April 2001
Arrested in the second half of March, 2001 for case 2884/2001. He was
detained at the Beb El Shahreya police station for ten days and died
there as a result of being beaten in the investigation unit.
According to the real accounts of someone named Gharib Sedqy Ali
Edreece who told prosecutors, that while the defendants were presented
before the investigation unit they heard the screams and beatings of
the victim for two days while he was being tortured. The victim came
to them walking initially but by the third day at 5 in the morning
when he was thrown in custody, he became entirely incapacitated. The
public prosecution was notified of his death and went there to
investigate. The forensic report detailed the following injuries:
v
Wounds beginning to heal along his right
skull;
v
Bruises 4.5 c.m. in length on the
forehead;
v
Abrasions 10 x 10 c.m. in length to 25 x
40 c.m width on the right part of his body.
v
Abrasions below the left part of the
chest (11 x 10 c.m.)
v
Bruises on the left waist (15 x 10 c.m.)
v
Bruises along the lower part of the body
3.5 x 3.5 cm;
v
Abrasions on his left wrist 4 cm length,
width .5 cm;
v
Abrasions on right wrist 3 c.m. length,
width 1.5 c.m.;
v
Holes in the fingers;
The forensic report concluded that the victim died as a result of being
electrocuted. (Her heart stopped.) The public prosecution decided to
refer the two officers, one, the head of the investigation unit of the
El Shareya police station and the other, a former police assistant, to
criminal court after accusing them of beating and torturing the victim
while he being detained. |