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Torture in Egypt…an unchecked
phenomenon
Chapter Four
Conclusion and Recommendations
Torture in Egypt has become a widespread phenomenon inside Police Stations, state security headquarters and prisons, employed in order to extract confessions from suspects themselves or their relatives where they fail to find the suspect.
In investigating crimes the police rely on indiscriminate mass arrests in the area where the crime occurred. They employ torture as a fast means of extracting information and as an alternative to legitimate investigation and evidence gathering. This torture occurs despite the protection provided by Article 42 of the Egyptian Constitution which states:
Any person arrested, detained or his freedom 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.
Further exacerbating the effect of torture is the State of Emergency which Egypt has been subject to since 1981, legislative weaknesses which fail to deter the perpetrators of torture and the prevention of victims of torture from seeking recourse to justice. Furthermore, the application of old laws together with the introduction of new security laws of an exceptional nature integrated into the legislative structure has destroyed the principles of justice, citizen equality and due process. Police officers are free to commit serious violations of human rights with impunity, the justice system doing nothing to curb acts which the legislation gives the façade of legitimacy.
The spread of torture in Egypt is at odds with the Egyptian Government's supposed programme of political reform. The fight against torture demands that practical legislative changes be made and obligations under international treaties be observed.
Such changes should include:
1. Ratification of the state and individual complaints procedures under Articles 21 and 22 of the CAT according to which the Committee Against Torture can receive complaints concerning Egypt's violation of its Treaty obligations. Egypt's ratification of these provisions will act as a check on authorities which commit torture by making them aware that their actions may be subjected to international scrutiny.
2. Amendment of Article 126 of the Penal Code to bring the definition of torture in line with the CAT whose definition of torture encompasses physical or mental suffering inflicted for a variety of reasons, not just for the purpose of extracting a confession.
3. Enactment of legislation giving torture victims the right to bring direct action before the criminal court for attacks on personal liberty, including crimes described in Penal Code Article 126 which criminalizes torture used to extract a confession and Articles 280 and 282 which makes illegal arrest a crime.
4. Repeal of Law 121 [1956] concerning the amendment of Article 63 of the Penal Procedures Code which restricts legal action against public officials and.
5. Creation of a judicial police body under the supervision of the Ministry of Justice rather than the Ministry of the Interior. Such a body would be responsible for justice administration and implementation of verdicts.
6. Inclusion of detainees' right to consult a lawyer in the Criminal Procedures Code during their interrogation in Police Stations.
7. Immediate investigation by the public prosecution into allegations of detainee abuse in prisons and detention centres. These investigations must be accompanied by a parallel administrative inquiry. Disciplinary procedures must be taken where necessary.
8. A permanent and independent investigation mechanism must be put in place. Such a mechanism should include judges, lawyers and doctors to examine all aspects of a torture allegation. Those found responsible must be brought to justice. Such a mechanism is provisional on the competent authorities having access to detention centres and the testimony of witnesses.
9. Development of defined standards and regulations governing the conduct of police officers, particular in areas where career aspirations may push a police officer to violate of citizens' rights.
10. Police officers, in particular those who work in criminal investigation must be given crash courses on detention. Such a course should teach police officers the importance of respecting human dignity, citizen rights and liberties granted by the Constitution and legislation, and international human rights instruments. Human rights education must also be present on the school curriculum, in police training institutes and schools where vocational training for policemen is provided.
11. The Egyptian authorities must take a positive stance towards Egyptian human rights groups. In practice this means that the authorities must cooperate with these groups, investigate complaints submitted by them to the Prosecutor General and the Interior Minister and provide the findings of investigations.
Suggested amendments to the Penal and Criminal Procedures Codes |
| Current law |
Suggested amendments |
Article 126 of the Penal Code
Any public employee or official who gives an order for the torture of an accused person or who performs this torture himself in order to force a confession shall be punished by hard labor or imprisonment for between three and ten years. Where the victim dies he shall receive the penalty for murder.
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Any public employee or official who tortures a person, orders that they be tortured, incites or agrees to their torture shall be imprisoned for a period of not less than five years. Anyone who has participated in the torture shall receive the same penalty. Where the victim dies the penalty shall be that given for murder.
Torture means any action that causes physical or mental pain and suffering or torture inflicted by a person against another in order to extract information or a confession, punish him for an action that he has committed or is suspected of having committed, frighten him or others in order to oblige those people to surrender or for any other reason. In no circumstances, shall clemency or mitigating conditions apply. In all cases those concerned shall be dismissed from their posts.
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Article 129 of the Penal Code
Any public employee or official and anyone employed in public service who abuses his position by treating people cruelly by humiliating or physically hurting them shall be imprisoned for a period that shall not exceed one year or by a fine that shall not exceed two hundred pounds.
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Any public employee or official and anyone employed in public service who abuses his position by treating people cruelly by humiliating them or treating them in a manner which offends their dignity shall be punished for a period not less than one year.
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Article 280 of the Penal Code
Anyone who arrests, imprisons or detains a person without an order from a competent judge (other than in cases where laws and regulations authorise the arrest of suspects) shall be punished by imprisonment or by a fine that shall not exceed two hundred pounds.
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Anyone who arrests, imprisons or detains a person without an order from a competent judge (other than in cases where laws and regulations authorise the arrest or detention of suspects) shall be punished by imprisonment.
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Article 63 of the Penal Procedures Code
Where the public prosecution finds that a case satisfies the conditions laid down in the contraventions and misdemeanors legislation on the basis of the evidence gathered the accused will be obliged to appear in the relevant court immediately.
In misdemeanor and criminal cases, the public prosecution may delegate a judge in accordance with Article 64 of this law, or perform the inquiry by itself in accordance with Article 199 and what follows of this law.
With the exception of crimes listed in Article 123 of the Penal Code, no one except the Prosecutor General, the attorney general or the head of public prosecution may bring a criminal action against a public employee or a police officer for a crime or a misdemeanor committed while he during the course of his duties or because of it.
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Amendment of the first and third clauses.
Where the public prosecution finds that a case satisfies the conditions laid down in the contraventions and misdemeanors legislation…
With the exception of crimes listed in Articles 123, 126, 129 and 280 of the Penal Code, no one except the Prosecutor General, the Attorney General or the head of the Public Prosecution may bring a criminal action against a public employee or a police officer for a crime or misdemeanor committed during the course of his duties or because of it.
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Article 232(2) of the Criminal Procedures Code
Cases shall be transferred to the misdemeanors and contraventions court pursuant to an order issued by the inquiry judge or by the misdemeanors court of appeal held in camera or on the basis of a direct summons by a member of the public prosecution or by the civil plaintiff.
The accused need not attend if he has attended a pre-trial session and been presented with the charges.
Notwithstanding this the civil plaintiff may not raise a case summoning his adversary to court in the following two instances:
1) …..
2) Where the action is against a public employee or official or a law officer for a crime committed during the course of his duties or because of it (unless the crime is a crime cited in Article 123 of the Penal Code.)
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Cases shall be transferred to the misdemeanors and contraventions court pursuant to an order issued by the inquiry judge or by the misdemeanors court of appeal held in camera or on the basis of a direct summons by a member of the public prosecution or by the civil plaintiff.
The accused need not attend if he has attended a pre-trial session and been presented with the charges.
Notwithstanding this the civil plaintiff may not raise a case summoning his adversary to court in the following two instances:
1) ……
2) Where the action is against a public employee or official or a law officer for a crime committed during the course of his duties or because of it (unless it is one of the crimes cited in article 123, 126, 129 and 280 of the Penal Code.)
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