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Torture in Egypt…an unchecked
phenomenon
Chapter Three
Efforts by EOHR to stop torture and raise awareness of it
Since its foundation in 1985 EOHR has placed particular emphasis on torture and its eradication. It has convened seminars, discussions and workshops attended by human rights activists and jurists with numerous objectives; Awareness raising of the seriousness of torture, creation of a comprehensive document on the shortcomings of anti-torture domestic legislation and laws with regard to the prosecution of those who commit torture.
In 2003 the EOHR campaign against torture was launched. Its objective is to expose the systematic and methodical method in which torture occurs in Egypt. In 2003 EOHR held a series of workshops out of which came a draft law proposing amendments to the Penal Code and Penal Procedures Code.
The draft law proposed the following amendments:
- Amendment of the definition of torture in Egyptian legislation in order to bring it in line with the CAT which Egypt ratified in 1986.
- Aggravating the penalty against the perpetrators of torture.
- Ensuring that mitigating circumstances or clemency do not reduce lighten torturers' punishments.
- Implementation of victims' right to bring direct criminal cases against the perpetrators of torture. This requires the amendment of Articles 126, 129 and 280 of the Penal Code, and Articles 63 and 232 of the Criminal Procedures Code.
EOHR has issued annual reports on torture since 1990. These reports propose legislative and procedural changes which the Egyptian authorities should take in order to stop torture. EOHR has in addition submitted three reports to the United Nations Committee Against Torture, the last of which was a joint report with the International Organization Against Torture (OMCT) submitted in 2002.
The organization has issued the following eleven reports on torture in Egypt:
1- A Crime without punishment (Torture in Egypt), 25/12/1993
2- Citizens without enthusiasm, 24/10/1994
3- The Belkas tragedy, 28/4/1998
4- Closed doors 12/9/1998
5- Kosh village, collective punishment of citizens, 28/9/1998
6- Torture: between transgressions and the dilemma of proof.
7- The third millennium has started - will the torture in Egypt stop? 30/1/2000
8- Legal protection for the perpetrators of torture, 19/3/2001
10- Victims without rights, 5/3/2003
11- Torture must stop, 16/4/2003
These reports have exposed the following legislative and administrative problems associated with torture in Egypt:
1. Torture occurs in an organised and regular manner in all Egyptian Police Stations and detention centres, from Alexandria to Aswan.
2. Negligence in the investigation of torture and illegal detention which allows the perpetrators of these crimes to escape punishment.
3. Indiscriminate arrest and assault of the relatives of detainees in order to force confessions about incidents about which they know nothing.
4. Lack of sufficient evidence to justify detention as required under Article 35 of the Criminal Procedures Code.
5. Shortcomings of the definition of torture in Egyptian legislation and its nonconformity with the CAT.
6. Torture victims' deprivation of the right to raise direct action against the police officers and soldiers involved in their torture - which contributes to the prevalence of torture and allows its perpetrators to escape punishment.
The People's Assembly Legislative Committee will be studying a draft law presented by Assembly member Hamdy Hassan which suggests amendments to Articles 126, 129 and 280 of the Penal Code and Articles 63 and 232 of the Criminal Procedures Code.
In addition the Legislative Committee of the National Council for Human Rights has submitted a similar proposal. While welcoming this as a positive development EOHR remains aware that these proposals are one of many that EOHR has in the past suggested to fight torture.
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