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Torture in Egypt…an unchecked
phenomenon
The Egyptian Organization for Human Rights
The Egyptian Organization for Human Rights (EOHR) is a non-governmental organisation working for the protection and promotion of human rights in Egypt. It monitors the human rights situation in Egypt and defends people against human rights violations regardless of their identity, affiliation or colour. It acts against both governmental and non-governmental human rights violations and seeks to create public awareness of, and support for, human rights principles. EOHR calls for law reform in order to bring legislation in conformity with international human rights standards and in order to stop practices that conflict with Egypt's international commitments under the International Covenant on Civil and Political Rights and other international treaties.
EOHR is registered with the United Nations and has observer status in the African Commission on Human and Peoples' Rights. It is also a member of four organisations that have consultative status with the United Nations Economic and Social Council; the Arab Organization for Human Rights, the World Organization Against Torture (OMCT), the Federation of Human Rights (FIDH) and the International Commission of Jurists. EOHR is a member of the International Federation of Expression eXchange (IFEX).
EOHR has 2,300 members and 17 regional branches in Egypt.
Table of contents
Table of contents
Introduction:
Chapter one: The extent of torture in Egypt
Chapter two: Reasons for the spread of torture in Egypt
Chapter three: Efforts by EOHR to stop torture and raise awareness of it
Chapter four: Conclusions and recommendations
Introduction
Despite the Egyptian Government's announcement that it intends to improve the human rights situation in Egypt through a bundle of reform initiatives, torture in its various forms still afflicts Egypt. It is a common practice in Police Stations, detention centres and prisons encouraged by the lack of adequate control of, and legal repercussions against, those who perpetrate it. As a result those who commit acts of torture do so with the conviction that they are beyond the reach of the law. In addition the penalty for torture under Egyptian legislation in no way reflects the seriousness of this crime, which offends not only the victim but humanity itself. Indeed, according to the Rome Statute of the International Criminal Court torture constitutes a crime against humanity.
The Egyptian Organization for Human Rights (EOHR) accordingly urges the Egyptian authorities to amend domestic legislation to bring it in line with the Convention against the Against Torture and other Cruel, Inhuman or Degrading Treatment (CAT) which Egypt has ratified, and whose Article 4(2) provides that all States Parties "shall make these offences punishable by appropriate penalties which take into account their grave nature."
This report documents cases of torture and mistreatment in Police Stations and detention centres some of which resulted in the death of the victim. Information in these cases was received by EOHR from either the victim himself or his family. EOHR documented these cases using reports from the police and the Prosecutor General and medical reports confirming that death resulted from torture. In total 41 cases (which occurred between April 2003 and April 2004) are recorded. In 15 of these cases the victim died in circumstances that strongly suggest the death was due to torture or mistreatment.
These cases take place against a backdrop of the spread of torture in Egyptian society in recent years. In order to demonstrate how torture has changed from being "an ordinary crime" to a widespread phenomenon in Egypt the report analyses and assesses the extent of torture in Egypt through statistics gathered between 1993 and April 2004. These statistics reveal that torture, in its various and different forms, has reached alarming proportions in Egypt, is present in nearly all of Egypt's governorates and affects all social classes.
The report indicates that the majority of torture and mistreatment cases occur inside Police Stations after the victim has been arrested with the cognisance of police officers and after they have been presented to the Prosecutor General. Torture is employed to extract confessions but is not restricted to the detainee himself; rather the detainee's family is also subject to torture in order to obtain proof incriminating the detainee or discover the whereabouts of those who are in hiding. Worse still, the report presents cases where torture has been used without any clear motive.
Torture in Egypt - an unchecked phenomenon forms part of EOHR's continuing campaign against torture in Egypt. As part of this campaign EOHR lobbies for the prosecution of the perpetrators of torture, an improvement in the treatment of civilians and respect for their rights in Police Stations and detention centres. EOHR urges the Egyptian Government to take serious and prompt legislative and practical measures to stop torture in accordance with the Egyptian Constitution and other international human rights instruments. It also presses for the prosecution of torturers and compliance with legal provisions protecting the physical and mental integrity of detainees as described in the International Covenant on Civil and Political Rights (ICCPR), the CAT and other international human rights instruments.
The report comprises the following sections:
Chapter one describes the extent of torture in Egypt and details 42 torture cases recorded by the EOHR Fieldwork Unit including 16 cases in which EOHR suspects that the death of the victim was a result of torture or mistreatment.
This section also presents an analysis of torture in Egypt between 1993 and April 2004. During this period EOHR recorded 412 torture cases, 120 of which resulted in the death of the victim as a result of what EOHR suspects to be torture or mistreatment.
The Government began prosecuting perpetrators of torture in 2000. However, those found guilty can only be given light sentences due to shortcomings in Egyptian legislation that render it unable to counter torture effectively.
Chapter two considers possible explanations for the upsurge in incidences of torture in Egypt. It examines the legal, practical and security factors that in one way or another contribute to forming an environment in which torture flourishes, whether through legislative shortcomings or the connivance of state security bodies. In this regard the State of Emergency (continuously in force since 1981, Articles 126, 129 and 282 of the Penal Code and Articles 62 and 232 of the Criminal Procedures Code are the primary offenders.
Chapter three describes EOHR's efforts to fight torture and raise public awareness of it. These efforts include the draft law for the amendment of legislative provisions concerned with torture in the Penal Code and Criminal Procedures Law which EOHR presented to the Peoples' Assembly.
Chapter four presents recommendations. The most important of these are perhaps the crucial necessity of Egypt's ratification of Articles 21 and 22 of the CAT and the amendment of Article 126 of the Penal Code to bring it in line with the CAT. Individuals must also be given the right to bring cases directly before criminal courts in cases concerning attacks on personal liberty and deprivation of life, or crimes described in Article 126 of the Penal Code. This Article punishes those who use torture in order to extract a confession from suspects. Equally civilians must be empowered to bring prosecutions under Articles 280 and 282 which legislate against illegal arrest.
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Copyright © 2002 EOHR. All rights reserved. 