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Reports
Cairo: April 2003

Introduction    Section one   Section two: Part One  Section Two: Part two  Part three      

EOHR’s Campaign Against Torture

“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.    

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