United Group - Attorneys at law, Legal Advisors and Human Rights Advocates
The Crime Continues
Annual Report: The Legal Support Project for Victims of Torture September 2012 - September 2013
1 United Group Attorneys at Law, Legal Advisors and Human Rights Advocates 26a Sherif Pasha St., Emobillia Bldg. – North Wing, 2nd floor Apt. 239, Cairo 11511, Egypt Telephone: (+2 02) 23926907 – 23961732 – 23961726 Fax: (+2 02) 23952304 Email: [email protected] Website: www.ug-law.com Dep. No. 3100
The Crime Contnues. - Cairo - Al Motaheda Uion, 2014 P. 116, 24cm Carimied, Law
345 United Group - Attorneys at law, Legal Advisors and Human Rights Advocates
Contents
Subject Page Introduction 9 Part One : Part One: Legal Structure of the Torture Crime and the Position of Egyptian Judiciary 15 1. Constitutional and legal structure 15 2. The position of the judiciary 20 Part Two: The Crime and ...The Victim 23 1. About the Legal Units for Assisting Victims of Torture 23 2. Reading in the torture files in 2012-2013, the victim and crime 24 Part Three: Problems Facing the Lawyers Serving in the Legal Unit 41 1. The Prosecution General fails to put sufficient effort for bringing criminals in torture and cruel treatment cases to justice 41 Part Four: Legal Support Project for Victims of Torture September 2012/ September 2013 Highlighting Extensive Project Activities 49 1. Implementation of a series of preliminary training courses for lawyers in targeted governorates 49 2. Conduction of an in-depth workshop for lawyers 49 3. Establishment of 10 subsidiary and central units in Cairo to provide legal support for victims of torture 49 4. Periodical reports and legal studies and researches 50 5. Awareness-raising meetings 53 6. Promotional and media campaign 55 Part Five: Project Recommendations 57 Annex: Cases Received Assistance from Legal Support Units 63
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United Group - Attorneys at law, Legal Advisors and Human Rights Advocates
The United Group (UG) is thankful to the Swedish International Development Cooperation Agency and the Finish Embassy for their contribution to assisting the Legal Support Project for Victims of Torture and Cruelty”
“UG is thankful to Al Watan newspaper for providing in kind support to the Project in its first year. Al Watan published free advertisements about the hotline for torture victims in prime places of the newspaper”.
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United Group - Attorneys at law, Legal Advisors and Human Rights Advocates
“The court’s conviction and conscience are alarmed as it watches victims that may have been subjected to physical, psychological or mental torture...in the area of human rights, and freedom of both homeland and citizens, the court can not find an adequate description, and does not wish to degrade itself by giving it the hateful description. However, the court believes that torture in general - regardless of its form - constitutes an aggression against legitimacy by the protectors of legitimacy. In addition, it is an aggression against human rights committed by those whose duty is maintaining human rights. Therefore, the court calls upon the legislator for setting forth serious controls aimed at ensuring more strict protection for the accused persons, when they appear before the authorities, under the protection of authority officers and the custody of the Constitution, against inflicting or threatening by using any kind of physical, psychological or mental torture “1.
(1) Ruling of the Supreme State Security Court - Emergency, on the case of the Armed Nasserite Case, Public Prosecution case number 2839 of 1986, A`bdeen Police Station, recorded under number 198 of 1986, Division, Central. Court President was the deceased Councilor Mohammad Said Al A`ashmawy.
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United Group - Attorneys at law, Legal Advisors and Human Rights Advocates
Introduction
he ugly face of torture crime is shocking to the human conscience Teverywhere. Speaking about such crime will be abstract if the person who is speaking never experienced torture, which is an extremely horrid and grave crime. Since “the degree of inhumanity involved in torture makes it unimaginable for normal human beings. Destroying and humiliating bodies, and tearing the human being due to unlimited pain...is something that can not be described. Therefore, for the reader, it will be an abstract that is far from reality. However, watching the victims of torture, the ugly impact of this crime becomes explicit. In this regard, among all the groups that had been subjected to psychological trauma, victims of torture retain the most serious psychological complications for the longest time. As such complications are not resulting from natural disasters, human disarrangement or blind war, but rather due to blind cruelty from an aggressor who clearly expressed an intention of harm and humiliation. This torture trauma is special due to the inhuman face of aggression which violates human values. It is even stronger than the sense of death and non existence”.(2) “The impact of the torture crime on its victims reflects its gravity. Nevertheless, it is not restricted on physical effect and suffering but rather the psychological effect is included. The suffering is usually associated with silence which further aggravates the consequences. It is the silence of the victim who had been told one day “if you speak, we shall repeat the action”. Those words remain in the unconscious as
(2) For more details, please refer to the Manual of Medical Doctor Facing the Torture Victim - French Ministry of Solidarity, Health and Family - Translated by Dr. Monsef al Marzouqy, Professor of Collective Medicine, Former President of the Arab Committee for Human Rights, and current President of Tunis. The manual is accessible on the website of the French Ministry of Health www.sante.gouv.fr or alternatively from the website of AVRE www.avre.org
9 The Crime Continues
an order against crossing prohibited line. It is the silence of relatives who say the same thing. It is the silence of those who went through the experience of serious violation to their dignity, continued living with the sense of shame and astonishment and lack of understanding. It becomes difficult to recognize oneself as a human being. In all events, it will not be the same human being as before”(3) Therefore, torture constitutes the severest form of humiliation to the inherent human dignity, hardest form of human suffering which had been criminalized by several international documents since the Universal Declaration of Human Rights. In addition, governments and countries encouraged combating, fighting corruption and prosecuting and holding accountable its perpetrators. In this context, the UN introduced an anti torture convention and as the human rights thought developed, the crime of torture had been perceived as a crime against humanity. Similar to the role of governments, the role of civil society organizations (CSOs) is no less in terms of raising awareness regarding the gravity of the torture crime which degrades the human inherent dignity. The civil society has an important role also in creating a public opinion against the torture crime, social stereotype that makes the involved person socially rejected, before the legal and judiciary prosecution, and accountability. Additionally, it may disclose perpetrators of the torture crime, demand their prosecution and trial, as well as provide training on monitoring and documenting the crime, filing lawsuits and using national and international mechanisms for fighting the said crime. CSO’s had attempted for several years to address the phenomenon of torture in Egypt. According to relevant reports either published by international or national organizations, the crime is quite widely spread in prisons and detention premises. Nevertheless, it is proved that Egypt is plagued with the phenomenon which creates contradiction with its official position on the international level towards the torture crime. As for the official position,
(3) Ibid - page 7 FF
10 United Group - Attorneys at law, Legal Advisors and Human Rights Advocates it explicitly reflects a non acceptance desire to the crime, furthermore, commitment and pledging to undertake all necessary actions for combating the torture crime(4). (4) The situation had been reflected in several relevant events, charters and international conventions as follows: Egypt›s participation in drafting the Universal Declaration of Human Rights issued in 10th December 1948, Egypt attested the Declaration, of which, Article Five stipulates that “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” Egypt attested the Geneva Convention concluded in 12 August 1948. In the common Article 3, the Convention criminalizes violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;. The second paragraph of the same article stipulates “outrages upon personal dignity, in particular humiliating and degrading treatment. Egypt signed the International Convention on the Elimination of All Forms of Racial Discrimination 1965 which states in Article Five “ The right to security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual group or institution” In 1981, Egypt officially accessed the International Covenant on Civil and Political Rights which had been opened for signature in 4/8/1967. Article Seven of the Covenant stipulates “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation, The Egyptian commitment to the Code of Conduct for Law Enforcement Officials which stipulates in Article Five “No law enforcement official may inflict, instigate or tolerate any act of torture or other cruel, inhuman or degrading treatment or punishment”. Egypt ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by virtue of the Presidential Decree number 154 of 1986 published in the Official Gazette on 7/1/1986. It was put into force as of 25June 1986. Therefore, the Convention gained the force of domestic law after its ratification according to Article 151 of the 1971 Constitution. Egypt ratified The African Charter on Human and Peoples’ Rights stipulating in Article Five that “Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man, particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.” Enforcing Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment. Article Six stipulates” No person under any form of detention or imprisonment shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.* No circumstance whatever may be invoked as a justification for torture or other cruel, inhuman or degrading treatment or punishment.” The UN Standard Minimum Rules for the Treatment of Prisoners are applied on Egypt. Article 31 of the Minimum Rules criminalizes “Corporal punishment, punishment by placing in a dark cell, and all cruel, inhuman or degrading punishments shall be completely prohibited as punishments for disciplinary offences”. United Nations Rules for the Protection of Juveniles Deprived of their Liberty are put into effect. Article 87 of the Rules stipulates that “ No member of the detention facility or institutional personnel may inflict, instigate or tolerate any act of torture or any form of harsh, cruel, inhuman or degrading treatment, punishment, correction or discipline
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Officials involved in the Egyptian political regime had changed over the past three years several times, bringing the ruling of President Hosni Mubarak to an end, succeeded by the Supreme Council for Armed Forces (SCAF), followed by the elected civil President Mohammad Mursi to the interim President Councilor A`dly Mansour who had been attributed the position after the uprising of the majority Egyptians against the ruling of Muslim Brothers. However, the torture crime sustained as the only constant factor testifying that the human being in Egypt is valueless. No matter how much politicians speak about freedom and human dignity, it shall remain a “myth” that leads to nothing tangible. The report at hand is published by the Legal Assistance Project for Victims of Torture and Cruelty implemented by UG with funding from the Swedish International Development Cooperation Agency and the Finish Embassy. The Project aims at rendering legal assistance to victims of torture, raising awareness on the crime of torture and how to report and avoid it. Further, it aims at creating a disapproving position towards torture in the society, and raising awareness about its threat on public safety. In addition, the Project aims at building lawyers’ capacities in the area of providing legal support to victims of torture and cruelty, engaging NGOs as a partner in combating the crime through raising awareness regarding its threats, providing legal material that would assist prosecutors and judges in containing the phenomenon by presenting those who are involved to trial and applying deterring punishment. The Project started in September 2012. Throughout one year, it achieved significant positive results which will be introduced in the last part of this report. The part introduced the project’s most important activities, successes, problems and how they were overcome. The report at hand is the third piece published by the “Legal Assistance Units for Torture Victims” operating under the United Group (UG) in fourteen Egyptian governorates covering Aswan to Alexandria. The first report was published in March 2013 titled as “Impunity”.
under any pretext or circumstance whatsoever;”
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It presented most important incidents of torture, and UG’s actions aiming at prosecuting the criminals and assisting victims. The second was titled as “Justice at Risk” and was published in July 2013 on the insufficiency of the public prosecution role in prosecuting those who are charged with practicing torture and consequences of failure to punish the criminals. As for this third holistic report, it covers the situation of the torture crime in Egypt until September 2013. Basically, the report relies on the material extracted from 193 cases examined by UG lawyers as of the inception of the project and until 30 September. Lawyers were assisting victims to access justice. The report identifies the problems hindering the containment of the crime, punishing criminals and provides proposals that would help in making impunity difficult if not impossible. The report is divided into five parts. First: Legal structure of the torture crime. Second: Analytical reading from the files of the Legal Assistance Units for Torture Victims in an effort to know the victims, their socio-economic circumstances on one hand and most common forms of torture on the other. Third: Obstacles facing the lawyers who are working with the project in their area of defending the victims. Forth: It presents an overall picture about the activities of the Legal Support Project for Victims of Torture in September 2012 - September 2013. Fifth: Recommendations and proposals. We can never conclude this introduction without acknowledging the Swedish International Development Cooperation Agency (SIDA) and the Finish Embassy for their support, which is the main cause for the project’s success. We are also thankful to the Mustaqbal Company for Publishing, Distribution and Press, publisher of Al Watan Newspaper. They generously supported the project by publishing a free advertisement
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campaign about the hotline designated for victims of torture and cruelty. Indeed, the campaign helped in saving many victims and securing legal assistance for them. The effective role of heads of Lawyers’ Subsidiary Syndicates is noteworthy. They offered their utmost effort for ensuring a strong launch of the project in the different governorates. UG is hoping that this report would communicate a strong message to the competent authorities implying that if the shortcoming of the legislative environment shall sustain, and judiciary investigations are as loose as they are, the torture crime shall continue in Egypt, and victims will continue screaming without any response. Attaining Egyptian ambitions of bread, freedom and human dignity will never materialize so long as the whips of gladiators are still striking over the Egyptians’ backs, causing them bleeding and inflammation and no one is able to bring this crime to an end which is almost eliminated worldwide, except for few countries, and unfortunately Egypt is part of the few.
United Group - Attorneys at law, Legal Advisors and Human Rights Advocates
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Part One Legal Structure of the Torture Crime and the Position of Egyptian Judiciary
1. Constitutional and legal structure: 1.1 Constitutional structure lthough the Draft Constitution proclaimed by the Fifty Constitutional ACommittee on the 2nd of December 2013 had not been introduced for referendum, however, a sense of comfort is developed because two important texts had been included. First, Article (51) stipulating “ Dignity is an inviolable right of every human being. The State shall be committed to respecting and protecting human dignity; the second is Article (52) stipulating “All forms and types of torture shall constitute a crime that is not subject to prescription”. Both texts involve explicit wording which represents a shift in the Egyptian constitutional texture as it speaks for the first time about “torture” as a crime that is not subject to prescription. Nevertheless, the technical problem remains, as the Constitution failed to define what exactly is the crime of torture, and if torture hear means the torture as defined in international conventions specially Article One ofthe Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Or the intended definition of torture here is the inefficient characterization included in Article 126 of the Penal Code which only perceives torture as crime if imposed on an accused person to obtained a forced confession as will be explained later. In our opinion, the value of the aforementioned text will be perish due to failure of defining torture. Failure to provide a definition will not improve the legal text or challenge its constitutionality. Nevertheless, Articles 92 and 93 of the Draft Constitution enable challenging the non constitutionality of Article 126 of the Penal Code, which in our opinion, forms the largest gap allowing criminals a way out.
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Article (92) stipulates that “Inalienable rights and freedoms of citizens may not be disrupted or detracted. No law regulating the exercise of rights and freedoms may restrict such inalienable rights and freedoms in a manner prejudicing the origin and the essence thereof” and Article (93) stipulates “The State is bound by the international human rights agreements, covenants and conventions ratified by Egypt, which shall have the force of law after publication in accordance with the prescribed conditions”. Both texts enable one who desires, to demand Egyptian courts to adopt the definition of Article One of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment replacing the shortcoming definition stipulated in Article 126 of the Penal Code. It is expected that such action will close a huge gap allowing the escape of criminals and impunity. At the end of the day, it is all pending the interpretation of the Egyptian judge to the two articles because it is not possible to immediately resort to the Higher Constitutional Court (HCC) to decide on the constitutionality of the text, but it should be referred to the HCC by a judge who is examining a dispute, in which, the argument of the article being unconstitutional is brought up, when the judge examines the argument and he himself decides whether or not to refer the challenge to the HCC. 1.2 Legal structure Regardless of any constitutional texts, the Egyptian Penal Code does not recognize a crime as “torture” unless the victim involved is “an accused in a given crime” where the objective of the action is “forcing the accused person to confess committing the said crime”. This is the explicit meaning of Article 126 of the Egyptian Penal Code stipulating. “Any public official/civil servant or public employee who orders torturing a suspect or does the torturing personally, in order to force him/ her to confess, shall be punished with hard labor, or imprisonment for a period of three to ten years. If the tortured victim dies, the penalty as prescribed for premeditated murder shall be inflicted.”. Nevertheless, it is important to note that the public employee may harm “someone” without being “charged in a crime”. In such event, this does not constitute
16 United Group - Attorneys at law, Legal Advisors and Human Rights Advocates a crime of torture - as perceived by the Egyptian legislator - but rather a lighter crime which is employing cruelty. In this regard, Article 129 of the Penal Code stipulates punishing “Any public official or employee/ civil servant or any person charged with performing a public service who employs cruelty with people, depending on his position, such that he/she commits a breach of their honor, or incurs bodily pains to them, shall be punished with detention for a period not exceeding one year or paying a fine not exceeding two hundred pounds.”. The defined punishment is extremely poor and disproportionate with the gravity of the crime. But the lax legal attitude towards public officials’ violation to “anyone’s” right to the soundness of his body continues even if the public official “detains a person unjustly”. According to Article 280 of the Penal Code, the defined punishment for the latter crime is either imprisonment or a penalty of maximum two hundred pounds”!!. Simply, beating up and other forms of cruel, inhumane, or degrading treatment constitutes merely a misdemeanor in the Egyptian law. Indeed, it is a lax legislative attitude towards the dignity of Egyptians. However, the greater problem facing the containment of the crime of torture and use of cruelty is that, as a crime, it may only be referred to the judiciary through public prosecution. In other words, the victim may not file the public lawsuit directly against the charged police officer, but he rather first have to file a complaint to the public prosecution which after investigation, it either sends the lawsuit to court or shelf. Article 232, paragraph three of the Procedural Law stipulates that “ The Civil Plaintiff may not institute a lawsuit before the Court by directly summoning his adversary .... if the lawsuit is filed against a public employee/civil servant or any of the judicial officers for a crime committed by him during or because of the performance of his function unless said crime is one of those crimes referred to in Article 123 of the Penal Code.” The indicated Article 123, is the article that punishes the refraining from enforcing a judiciary self executing ruling. In fact, the said article helps increasing torture, and use of cruelty, in addition, public officials who commit such crimes, develop a sense of security against punishment. In this context, the public prosecution does not investigate the aforementioned crime quickly enough due to an
17 The Crime Continues
accumulated large number of lawsuits compared to the few number of members of public prosecution. In addition, persons who carry out the inquiries regarding whether or not the accused committed the crime in question are often their colleagues. As such, the public prosecution does not own independent and impartial sources of information. In addition, the prosecution relies upon forensic reports which are mostly written using literary style.5 It is worth noting that according to Article 63 of the Criminal Procedural Law, the torture or use of cruelty victims are not allowed for challenging the non guilty ruling passed for the defendants, even if they filed lawsuit as civil plaintiff before the court. ‘The Criminal Procedural Law endowed this right to the public prosecution exclusively, and using it shall remain its own decision(6). In the overall, our criticism to the legal structure regulating the torture crime are as follows: • Deficiency in defining the criminal’s character as the torture crime was restricted to the type committed by a public official against an accused person forcing him to confess. The problem of the text is that it fails to address real cases, for instance, what if the police officer instructed other detainees to assault and torture the accused, and bargained with him giving him a choice between confessing and holding him in detention with the other group of detainees who assaulted him? • Deficiency in defining the victim, as the crime is only established if the victim in question is an accused person. But his family and relatives whose torture might impose more pressure on his will, they do not receive any protection. • Deficiency in the action’s outcome. In this context, the crime is only established if the criminal purpose was to compel a defendant for confession.
(5) For more information, please refer to the report of the Legal Assistance Unit for Victims of Torture titled as «Justice at Risk», July 2013. (6) The first report published by the Legal Assistance Unit for Victims of Torture titled as «Impunity» identified reasons of impunity, including mainly, leniency ofthe prosecution general in investigations, and failure to carry out proper supervision on the detention centers. For more information, please refer to the aforementioned report published in March 2013.
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• In some cases, the crime receives lower punishment because it is described as employing cruelty, whereby, it is categorized as misdemeanor. • The victims are unable to directly file a lawsuit before the competent court, instead, they are obliged to wait for the prosecution’s decision. This might take a long time because of mounting pressure on the public prosecution, and poor experience in investigating this type of cases in addition to their “friendly” attitude towards the police officers and “classist” perspective towards the victims. • The legal structure regulating the torture crime violates the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment which Egypt ratified in 1986 and was published in the Official Gazette(7). • The Egyptian legal construction pertaining to the torture crime violates the Islamic Shari`a standing as the main source of legislation(8). (7) Article 2, Para. 1 and Article 12 of the Convention, respectively, stipulate the following» Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction» and « Each State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction.». In addition, Article One of the same Convention included a clear definition to the torture crime stating « the term «torture» means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity». It is clear that the Egyptian legal construction flagrantly violates the foregoing definition of the crime. (8) Islam secured for every person his right to protection against arbitrary action, of any form or kind, of the authorities towards him. For instance, it is not allowed to demand a person an explanation for any of his actions, nor, directing charges to him, except based on strong presumptions and evidences indicating his involvement in the directed charges. Allah, Glory be to Him, Say in Surat Al Ahzab, Aya 58 « And those who annoy believing men and women undeservedly, bear on themselves the crime of slander and plain sin.» (Quran 33:58) It is reported in Sahih Muslim, Hadeeth number 4734, Hisham reported on the authority of his father that Hisham b. Hakim Hizam happened to pass by people, 19 The Crime Continues
2. The position of the judiciary Over several decades, the Egyptian judiciary’s position towards the crime of torture and cruel treatment remained unchanged. The Egyptian judge does not perceive an act as torture in the technical sense unless it was for the purpose of compelling the defendant for confession. The rigid position of the Egyptian judiciary comes as a result of being an enforcement rather than legislating judiciary. To this effect, it enforces the legislation as developed by the Parliament, and retains only the power of interpreting the legal text according to its ruling. Certainly, the judge is not entitled to elaborate on the interpretation as punitive texts are in fact narrow in terms of interpretation because it is not possible to either elaborate or build on punitive texts.(9) However, the Egyptian judiciary is criticized for being excessively tolerant about perpetrators of the torture crime. For example, one of the criminal courts states in its ruling “whereas the court adopted mercy in dealing with the defendants in enforcement to Article 17 of the Penal Code. This position was based on what the court believed and sensed according to the circumstances involved in committing the incident. Both did not have a personal aim out of the committed act - in spite of its gravity - but the whole situation is the result of the working approach of the Police as a whole. For the purpose of disclosing crimes and the given perpetrators, they violate sanctities and humiliate human beings. Therefore, the objective is noble but the approach used for attaining the noble objective is degrading. Whereas, and due to the
the farmers of Syria, who had been made to stand in the sun. He said: What is the matter with them? They said: They have been detained for Jizya. Thereupon Hisham said: I bear testimony to the fact that I heard Allah›s Messenger (peace and blessings be upon him) as saying: Allah would torment those who torment people in this world». It is important, in this regard, to underscore that torture had been mentioned as absolutely prohibited without any conditions. In other words, it does not matter that one who is inflicting torture is a representative of public authority or common person, and if the victim is a suspect or not accused. In this regard, it is also correct to say that the Egyptian legal structure is in violation to the Islamic Sharia`a. (9) For more information, please refer to The Crime and Punishment, Viewpoint of the Egyptian Attorneys on the Torture Phenomenon and Means of Fighting - Negad el Bora`i - Published by UG, 2006, P.33 FF.
20 United Group - Attorneys at law, Legal Advisors and Human Rights Advocates aforementioned considerations, and because the defendants are still in the beginning of their career path, hoping they continue working after adopting a new approach that is compatible with the gracious Islamic teachings that call for respecting and honoring the human being, such approach shall never prevent them from attaining their noble objective, the Court ordered for arresting both judgments of imprisonment and dismissal for three months starting the date of issuing this ruling using the license enabled by the law in Articles 55 and 56, Para. 1 of the Penal Code”(10) In another ruling, the Court stated “In regard to the incident, the Court concluded that physical torture intended in Article 282 of the Penal Code is established. Thus, the Court introduces the defense of the accused, the advisory medical report submitted by the defendants which concurred with their allegations ... it had been evident from the anatomic description .. that the injuries of the victim are inconsistent with the explanation as stated by the accused, except for some scratches which might be compatible with their description Based on the circumstances of the lawsuit, the Court believes a charge is established which invites lowering the punishment within the limits as allowed by Article 17 of the Penal Code. Whereas, because of the same circumstances, and seeking that the trial proceedings result into deterrence, in addition, the criminal lawsuit did not cover all persons who had participated in the crime, it had been well established in the Court’s conscience, allowing an opportunity for proper conduct, the past of the convicted persons, in addition to the circumstances of committing the crime. Accordingly, it believes that the convicted persons shall not return back to violation of the law based on applying a suspended punishment including any consequent punishment and all the other criminal effects”(11) (10) The sentence passed on felony number 64122 of 2003, Montazah - The Crime and Punishment, Viewpoint of the Egyptian Attorneys on the Torture Phenomenon and Fighting Approaches - Negad el Bora`i - Published by UG, 2006, P.40. (11) Prosecution General case number 67909 of 2000, Montazah and number 1548, Division Prosecution, east against: 1. Khaled Mohammad Shalaby Hashem, 2. Ashraf Ahmad Fouad, 3. Abdul Ghaffar Abdur Rahman eDeeb, 4. Haytham Kilany Hashem. The Prosecution General charged the accused that on 23/9/1999, in Montazah Precinct Circuit, they unjustly arrested Fareed Shawqy Ahmad Abdul
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Such rulings motivate many people to call for setting proper regulations on the judge in terms of using his power in deciding for the lowest level of punishment or using mercy with the accused in crimes of torture and use of cruelty in general, taking in consideration its serious threats on the society. But most importantly, the said sentences open doors of hope for impunity before those who violate the right to integrity of the body.
A`al, tortured him physically by inflicting several injuries to his body, and strangled him manually which caused his death.
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Part Two The Crime and ...Victim
Analytical Reading Based on the Files of the Legal Assistance Units for Victims of Torture n September 2012-September 2013, lawyers who serve in the Legal ISupport Project for Victims of Torture and Use of Cruelty worked on 193 cases distributed over twenty one governorates.(12) However, it should be indicated that neither the cases nor their distribution provide a full picture about torture in Egypt, but it merely introduces signals highlighting how well spread and expanded the phenomenon is. At the end of the day, they are the torture cases known to UG lawyers, or more precisely, it presents the victims or their relatives who were able to approach UG and ask for legal support. Therefore, certainly, the aforementioned cases do not represent “all cases of torture” that occurred during the report timeframe, neither do they represent the real geographic distribution of the violation. 1. About the Legal Units for Assisting Victims of Torture In the past year, UG provided training for 180 lawyers, nominated by the Lawyers’ sub- syndicates operating across the governorates nationwide, on how to provide legal assistance to the victims of torture. The group of lawyers received initial training courses in their own given governorates. Based on the preliminary tests, 40 lawyers had been short listed for receiving an in-depth four days training in Cairo. Training material contained, the UN System for the Support of Human Rights, international conventions against torture and other forms of cruel, degrading and humiliating treatment. They had been also introduced to the most modern judiciary enforcements in the Egyptian judiciary system and a comparison, interpretation of texts, preliminary rules of forensic medicine, how to examine case of torture and use (12) Annex number 1, Table presenting the cases being handled by the UG lawyers and the situation until September 30, 2013.
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of cruelty, fact finding, and other necessary information for providing legal assistance to victims. UG, after completing the training programs, signed nine agreements with Lawyers Syndicates in Aswan, Suhag, Minia, Beni Suef, Gharbiyah, Daqahlyah, and Beheira for setting up legal assistance units using the premises of the syndicates or affiliated premises such as Lawyers’ Club, or other independent premises. In addition, UG signed a similar agreement with NGOs for the purpose of hosting the legal units, in case an agreement is not concluded with the Lawyers’ Sub-Syndicate in this given governorate for this purpose. The Legal Assistance Units had been equipped with a computer, and printer to facilitate the lawyers’ work. In addition, a 24/7 hotline had been designated for receiving calls from victims and their relatives. The hotline had been advertised through different outlets. Except the urgent rescue cases, lawyers operating in the Legal Assistance Units only provide support after obtaining a legal power of attorney from the victim or his/her relatives in order to litigate on his / her behalf.13 2. Reading in the torture files in 2012-2013, the victim and crime 2.1 Victims In order to better know victims of torture, this part will draw a picture for the victims, governorates where they live, age groups, economic class and gender break down. 2.1.1 Geographic distribution: In September 2012 - September 2013, Legal Assistance Units for Torture Victims operating under UG, provided free legal assistance to 193 victims. The following table introduces the geographic breakdown.
(13) For more information about the legal units and training programs delivered to the lawyers, and other project activities, please refer to the references included in part 3 of this report.
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Table (1) Geographic breakdown for cases of torture and use of cruelty Cairo 44 22.8% Alexandria 32 16.6% Beheira 31 16.06% Giza 21 10.9% Suez 13 6.7% Ismailia 11 5.7% Minia 7 3.6% Beni Suef 6 3.1% Gharbiya 4 2.07% Qena 4 2.07% Fayoum 3 1.6% Luxor 3 1.6% Suhag 3 1.6% Sharqiyah 2 1.03% Menoufiyah 2 1.03% Aswan 2 1.03% Asuit 1 0.5% South Sinai 1 0.5% Qaliyoubiah 1 0.5% Daqahliyah 1 0.5% Marsa Matrouh 1 0.5%
Geographic break down of cases of torture and use of cruelty
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Table (1) and relevant graph show the following: • Cairo Governorate retained the highest number of torture cases which had been handled by the Legal Unit. Number of cases is 44 scoring 22.8% of total number. However, this figure does not come as a surprise, as Cairo’s population amounts to one forth of total Egypt’s population. In addition, it is the largest city in terms of over crowdedness. In addition, Al Watan Newspaper that published free advertisements about the hotline maintains a higher rate of circulation in Cairo compared to other governorates. • Although Giza Governorate ranked 4th in terms of the number of torture cases scoring 10.9%, whereas Qaliyoubiah ranked in the last five positions scoring .5%, however, both governorates together with Cairo Governorate form a greater administrative unit titled as “Greater Cairo”, whereby, total number of torture cases in Greater Cairo form 34.2% of total number handled by the Unit during the report’s timeframe. • Alexandria and Beheira Governorates ranked third and second of the total number of cases under the legal units, divided as: Alexandria 32 and Beheira 31 whereby both sister governorates retain 32.6% of total cases. The percentage is logical given that Alexandria stands as the second largest Egyptian city in terms of population density. Total population of both Alexandria and Beheira comes to almost 10 million, in addition, both governorates are in close geographic proximity. However, the high number of cases in those two governorates is due to two matters that are not related to population density. First, the diversity of political movement, for instance, Beheira hosts one of the largest industrial zones, Kafr elDawwar, which makes it a large labor action place. In addition, Alexandria’s well rooted university which potentially will turn into a massively effective student fortress. We may conclude that Egypt is undergoing political boiling circumstances, therefore, large number of torture cases in those two governorates is only expected. The second issue is the activity of the legal units in those two governorates, for example, Beheira’s Lawyers’ Syndicate is hosting the legal
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unit, provides technical assistance and active lawyers in addition to the activity of the legal unit officer. As for Alexandria, a major NGO is hosting the Legal Assistance Unit where a number of efficient lawyers are working. • The same situation applies to Islamilia and Suez Governorates. Number of cases in Ismailia amounts to 11 scoring 5.7%, and in Suez is 13 forming 7.6%. Although the Legal Support Project does not have quite active branches in Ismailia and Suez, but a volunteer dynamic lawyer who is working in Ismailia with the project coupled with the gross violations that accompanied the breaking up of public demonstrations in the two cities enabled the project to render the legal assistance needed. • As for Upper Egypt, the main remark is the relatively high percentage of cases managed by the Legal Unit in Beni Suef and Minia Governorates amounting to 13 forming 6.7% of total cases. But the number is low in Aswan and Suhag Governorates where only 5 cases had been served by the Legal Assistance Unit scoring less than 3%!!! taking in consideration that a legal assistance unit had been established in each of the aforementioned governorates in cooperation with the sub lawyers’ syndicate. We were unable to interpret the reason of this figure in Suhag. For instance, lawyers serving in the Legal Unit say that the police refrain from involvement in any torture crime out of fearing the local community’s revenge, as community members became more courageous after January 2011!! In Aswan, lawyers refer to the local community members are connected with special relations that solve many problems without evolving into torture, and even if torture is involved, litigation is not sought. In such cases, reconciliation is quickly administered between the public official, victims and his family. A specific reason may notbe clearly identified. But the fact is that the number of torture cases in Aswan and Suhag are less than that in Beni Suef and Minia!!! In all events, the project operation rate in Lower Egypt and Cairo seems more effective compared to Upper Egypt.
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• The most important remark, in this context, is that the project only gave assistance to seekers even in remote areas such as Marsa Matrouh and South Sinai, although the number of cases were only one in each governorate scoring 0.5% each. 2.1.2 Victims age groups The following table introduces victims age groups who received free assistance through the Legal Units. Table 2 Break down of victims by age groups Under 20` 24 11.9% 21-31 87 45.7% 31-40 52 26.9% 41-50 17 8.8% 50+ 13 6.7%
6% 12% 9%
Under 20 21-31 27% 31-40 46% 41-50 50+
Breakdown by age group Under 20, 30 - 31, 31 - 40, 41- 50, 50+ Both the aforementioned table and graph highlight the most susceptible groups for torture and violations. It is obvious that 21-30 youth are the most susceptible group for torture and use of cruelty by public officials. In this regard, 87 cases out of 193 handled by the project are in the age group 21-30 who suffered torture and use of
28 United Group - Attorneys at law, Legal Advisors and Human Rights Advocates cruelty scoring 45.7% and 52 in the age group 31-40 forming 26.9%. In total, nearly 75.6% of cases which received legal assistance from the project are in the age group 21-40. The said percentages express the reality of the general situation triggering the torture crime. Youth, men / women in the age group 21-40 are more aware of their rights, move impulsive to maintain them, and more sensitive to abusive situations or attitude. Contrary to the older age groups who are more inclined to avoiding problems and accepting anything, may be because in this age, they are over burdened, and wish to live a quite life. Usually, younger age groups are the ones who trigger revolutions. They maintain characteristics of being impulsive, strong and reject assault or any behavior that diminishes their rights, regardless of the position of the doer. In some cases, their attitude trigger violence from public officials who believe that this is how they maintain “State reverence “!! 2.1.3 Victims by economic class Table 3 presents the victims’ economic class as follows: Table 3 Victims breakdown by economic class High economic class 30 15.5% Middle economic class 75 39% Low economic class 88 45.5%
Victims breakdown by economic class
39%
46% High economic class Middle economic class Low economic class 15%
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Victim’s economic class was defined based on: work, location of residence and neighborhood. Overall, persons who receive an income of L.E 2000 had been classified as low income, L.E 2000 - 4000 middle and above L.E 4000 had been classified as high income category. In all events, the criteria is not well controlled(14). It is clear that low and middle income brackets are more vulnerable to torture compared to their high income peers. In this context, number of low and middle income victims amounted to 163 forming 84.5% of total victims who received assistance from UG and its units. Generally, the percentage is compatible with the real situation, as the lower the victim’s economic class is, the more he is violated. This is either due to a common stereotype that poor people are more inclined to committing crimes, or the poor people who are not well connected in a manner that protects them against violations and secures a type of protection better than the protection provided by the law. 2.1.4 Victims’ breakdown by gender The following table introduces the breakdown of victims of torture and cruel treatment who received legal support from the project. Table 4 Victims’ breakdown by gender 11% Female 22 89% Male 171
(14) Al Ahram newspaper published a comparison between incomes worldwide and Egypt in the Cars Supplement on Friday 1/3/2013, page 9, the title was: China increased Benzene prices and Bloomberg - an international organization concerned with the economic affairs - monitors the prices worldwide. The news included the following: Per capita average daily income in Egypt is US$ 9, in Norway 280, Turkey 30, Netherland 125, Italy 88, Portugal 151, Greece 58, Sweden 153, Belgium 117, France 110, Denmark 151, Kuwait 123, United Arab Emirates 180, Iran 18, Nigeria 4.74, Malaysia 32, Mexico 29, Russia 41, USA 140, Indonesia US$ 11 Source of information is Emad Hussam eDeen Blog http://emadhosam.blogspot.com/2013/03/132013.html
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11%
Female
Male 89%
Table 4 and the associated graph introduce the breakdown of victims who received legal assistance from UG by gender. In this regard, female victims amounted to 11 which is 11% versus 171 male equal to 89%. According to the figures, percentage of women as victims of torture is low compared to men. The situation might be attributed to the social values that still prevent torturing women and perceived as social shame to the perpetrator. Probably, most tortured females are from poor classes who are not only suffering poverty but also being helpless Therefore, torturing them becomes easy either for forcing them to disclose the location of a hidden husband, or pressure the family or merely because she is lonely and unable to deter harm. 2.2 The crime 2.2.1 The used torture techniques The crime of torture is not established, according to the Egyptian legislator, except when the victim involved is an accused person. In this case, the objective of torture is obtaining his confession for committing the crime. In addition, the Egyptian legislator does not perceive the crime as torture unless the bodily assaults are inflicted upon the accused himself. In this context, beating another person, apart from the accused, even for the purpose of obtaining a confession from the accused of committing the crime, according to the Egyptian law, shall not be classified as torture!!! In addition, the Egyptian law does not perceive psychological abuse as form of torture as it only
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acknowledges bodily assaults(15). However, according to the Egyptian law some of the crimes that are not perceived as torture in the sense incorporated in Article 126 of the Penal Code are categorized under cruel treatment which is regulated in Article 129 of the Penal Code, others are classified under different crimes that are described in the Penal Code such as sexual harassment, unjust detention or others. For the purpose of this report, UG adopts the description of the torture crime as indicated in Article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment stipulating “For the purposes of this Convention, the term “torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions”. In case the Draft Constitution proclaimed by the 50 Member Constitution Committee which will be introduced for referendum in the first week of 2014, it will allow superseding and enforcing the aforementioned article which provides a coherent definition of torture. It is expected that this will help in fixing the crippled legal texts pertaining to torture in the Penal Code. Table 5 and the associated graph introduce types of torture inflicted on the victims who received assistance from the Legal Assistance Units of the Project in September 2012 - September 2013.
(15) Please refer to Part One of this report regarding the legal position of the torture crime in Egypt.
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Table 5 Types of violations inflicted on the victims(16) Allegations of beating 135 70% Allegations of unjust detention 15 8% Allegations of fire shooting 25 13% Allegations of dragging 10 5% Allegations of breaking into houses 14 7.2% Allegations of sexual harassment 30 15% Allegations of murder 25 13%
10% 12% Allegations of beating Allegations of unjust detention 5% Allegations of fire shooting 53% Allegations of dragging 4% Allegations of breaking into houses 10% Allegations of sexual harassment 6% Allegations of murder
Beating comes on top of the list as the most common form of torture forming 70%. Number of victims of beating amounts to 135 out of 193 total victims. This includes simple beating using hands and feet, using a tool such as wooden stick, hand of the pistol, or other tools. Beating may cause death or aggravated mayhem to the victim and may leave diversified effects on the victim according to the tool and harshness. In some cases, the victim’s injury might not prevent him from performing work for more than 21 days. But the harsher beating may stop the victim from going to work for a longer period of time. Different types of sexual harassment stands as one of the best torture techniques against men and women. Indecent and morally offensive acts comes in second position as adopted torture techniques. 30 of the cases that received assistance from the Project had been (16) In some cases, victims had been exposed to several torture techniques, therefore, total percentage will exceed 100%.
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tortured by means of morally offensive acts such as obliging them to undress in front of others, sexual harassment or direct threat of committing indecent acts against the victim forming 15% of the cases, for which, UG filed reports. Shooting at the victims ranked 3rd with 25 cases scoring 13% resulting from the police forces breaking demonstrations. During the incidents, 13 were injured in Suez, and one person in Gharbiyah. In addition, during verbal clashes between citizens and the police officers, the latter fired their guns at the victim directly. Dragging victims comes in a lower position reflected in only 11 cases of total 193 scoring 5%. 2.2.2 Example cases from the files of the Legal Units They are not merely numbers, they are human beings. According to samples from the many people whose right to dignity is seriously violated, they come from diversified cultural and economic backgrounds and governorates. But at the end of the day, they are Egyptians and those who are in charge of the protection of law violated theis rights, tortured or abused them. They failed to realize that even those who are law breakers are human beings and entitled for the protection of the State, maintenance of their dignity, and applying only the defined punishment in the law according to their crime. Report number 22626 of 2013 misdemeanor, Marg. Mufida Hamed Amin, working in the One Day Surgery Hospital- Marg. According to her scope of work, she is in charge of reporting to Marg Police Precinct any criminally suspected cases to be officially investigated. On 24th of September 2013, an injured person, (deep abdominal wound) had been admitted to the hospital, she immediately called the precinct to report the case. However, the recipient informed her that he does not receive any reports. She insisted that he should receive the report, otherwise, she would send it to the higher police authorities. Over the phone, the recipient assaulted her verbally. She asked him to stop. Instead, the situation provoked the person in charge in the Police precinct who started threatening her. In only few minutes, she was surprised by the Investigation Unit affiliated with Marg Police Precinct breaking into the hospital, accompanied with a police soldier
34 United Group - Attorneys at law, Legal Advisors and Human Rights Advocates appointed as a hospital guard drawing out their weapons. They beat her and some of her colleagues, took her to the Marg Police precinct in absence of any grounds. According to the preliminary medical report, her injuries included bruises in the eyes and chest, the report also showed 4 other staff members of the hospital who had skin abrasion and one of them had a nervous break down. Report number 5855 of 2012, Misdemeanor Boulak e Dakrour Walid Fathy Abdul A`al, an employee at Al Ahram Institution. He was driving his car, back from work, in Galaa Street. A car hit him from the back, and it was a police vehicle. The police officer who rode the car went down and walked towards Mr. Walid to apologize for being in a rush, as he had an urgent task. Mr. Walid accepted his apology, however, he was surprised that while he was checking his car, the police car driver started moving it and spoke with the apologizing officer telling him “are we going to pat his shoulder bedeen( umuh), an abusive language referring to Walid’s mother”. Walid drove fast to catch up with the car and told the driver that he is a disrespected person. The apologizing officer commanded him to park to the right side of the road. Mr. Walid adhered to the instructions. Once again, the police officer walked to him and asked him to show his personal ID, car and driving licenses. Mr. Walid refused to present the documents, but rather requested to be taken to the police station for crashing his car. During the verbal clash, a number of people gathered, and Mr. Walid was surprised as the officer told the people that this person is drunk. He forced him into the police car, and beat him up inside the car. In addition, they took him to Boulak Aboul E`alaa police station where he was beaten up again. As a result, the victim’s forehead and left eye lid had been injured. Report number 13171 of 2912, misdemeanor, Damanhour Rozza Alsayed Alsayd, housewife, she has a son whose name is Ahmad Al Said, he is convicted in a fund misuse case. The Sentences Enforcement Unit affiliated with Damanhour Police Precinct were in the process of arresting her son, when the police officer broke into his house searching for him, until he found him. He arrested and dragged him on the ground till the police car. The situation took place after
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the call (Adhan) for Fajr prayer. Coming home from Fajr prayer, his mother was surprised with the situation. Out of motherly emotions, she requested to the police officer to either leave her son or take her with him. Totally unexpected, the police officer commanded the police car driver to start the car and run down the mother. The driver who is doing his military service, was quite astonished for the command. But the officer scolded and hit him on the face, as a result, the driver started the car, hit the mother and killed her. According to the initial medical report, she arrived to the hospital with sever circulatory collapse, a useless heart and lung resuscitation attempt had been made. In addition, she had a bruise under the right eye, rib fracture and broken left thigh. Report number 571 of 2013, administrative, Zaytoun: Ihab eSeba`ay, restaurant manager. The investigation police officer serving in Zaytoun Police Station broke into his house, without legal grounds, in his absence. They violated the sanctity of his house in the presence of his ill wife and daughter. They assaulted them. As soon as he learnt about the incident, he immediately went to Zaytoun Investigation Unit for inquiry. He was surprised as the police officers explained the incident as an address mistake promising it will not happen again. However, for no obvious reasons, they repeated the incident. Felony number 1062 of 2013, Ismailia first: Kareem Magdy, 16 years, he and two other persons are accused of violent robbery and acquisition of fire arm. During the investigation of this case, the Prosecution General decided referring them to medical examination for observing some injuries. For this purpose, the Prosecution General interrogated him as a victim about the beating incident. He reported that the investigation officer who arrested him is the one who beat him in the chest, feet and head as indicated in the medical report of Ismailia Public Hospital. The report referred to superficial wounds in the upper thigh, right and left arms, bruises in the head and skin abrasion in both knees. In the official documents, the victim explained that beating occurred when the officer confronted him and he denied the incident. Yet, the Prosecution General decided referring him to court for committing a violent robbery in addition to
36 United Group - Attorneys at law, Legal Advisors and Human Rights Advocates transcribing the documents related to the incident of cruel treatment. In this context, the Prosecution General classified the crime as cruel treatment while basis of the torture crime are completely established reflected in a public official, based on his position, used coercion to obtain a confession. In implementation of the Prosecution’s decision, the copy had not been transcribed. The premise of the court was set to fire which ate a large number of books and cases. Report number 1664 of 2013, 3rd administrative, Ismailia Abdul Hameed Gharreb Abdul Hameed, taxi driver. Driving over the ring road in Ismailia, he suddenly met a traffic check point, the policeman requested the vehicle and driving licenses. Abdul Hameed presented the documents which proved to be valid and sound. However, the police officer in charge was speaking to another taxi driver stopping in front of the victim’s car. The latter requested to the policeman to ask the other driver to open the road, the policeman asked him to wait until the police officer commands him to go. He refused to wait. The policeman insulted him, and when the driver expressed disapproval, he slapped him on the face. At this moment, the police officer intervened, beat the victim inside the car, pulled him outside, dragged him on the asphalt road, used the handle of his machine gun for beating the driver, and he used all beating techniques against him. Further, he commanded the other members of the check point forces to put him inside the police car and tie his hands using metal cuffs”. He was taken to the police station, where the officer in charge asked him about his status, as the violence marks showed. The check point team informed about committing the beating. The victim stated in his report quoting the reply of the check point team as follows “we did this to him, to teach him a lesson. He tried to argue with us in the check point because the country went loose and they learnt how to argue with their masters”. A report had been filed to the Prosecution which processed an investigation with the victim, but overlooked interrogating the police officers, although the victim identified their names. He had been referred to medical examination which defined his injuries as: bruise
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in the upper and lower left eye lid, cornea bleeding, bruises and skin abrasions in the face, right and left thighs and left leg. The Prosecution General decided referring the victim for forensic medical examination in May 2013, however, the report had not been received yet. Report number 742 of 2013, administrative, Damanhour Precinct: Wael Farouq Al Shahhat, correspondent with Al Tahrir Al Yom Newspaper, in Beheira. On 26th of January, he was covering the demonstrations taking place in front of Damanhour Precinct. He was surprised that a number of Riot Police forces started beating him up with a stick, and broke his camera. A medical examination was performed on him revealing an injury in the head scalp, thus, he received 3 stitches. The case is still pending hearing the statements of Damanhour Precinct Commissioner. Lawsuit number 9974 of 2013, misdemeanor, Minia Precinct: On 22 Septembers 2012 Mohammad A`ntar A`tta Mazen found a police vehicle approaching him in front of his house. Persons in the vehicle were inquiring about a fight in the street. He informed them that there is no fight. The vehicle took off, and returned accompanied with a person who is in dispute with the victim. The latter indicated him to the police officers informing that he is the requested person. They went into beating him up and dragging him in front of his house. Later, they took him to the police station and continued assaulting him without any reason. Consequently, Mazen filed a report to the Minia precinct against the police officers but the Prosecution was very slow in handling the case. The victim was referred to forensic medical examination which identified the injuries explaining they might happen as described in his statements. The Prosecution took the statements of the police officers, against whom, the report was filed, by way of seeking information rather than leveling accusation. The Prosecution prepared a memorandum for shelving the documents, however, the Advocate General refused and decided to refer the three police officers to the Court of Misdemeanor for the charge of cruel treatment. But the Court ruled as not guilty. In response, the Legal Unit submitted another report to the Advocate
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General who decided appealing the ruling of innocence”.17 Lawsuit number 11067 of 2013, felonies, 1st Precinct, Mahala: Kareem Mohammad Mohammad Asayyed Nofal, his nickname is Kareem alOmda, was driving an unlicensed (no plate) motorbike. He passed by a traffic check point where the investigation police officer in charge of 1st Precinct Mahala, who already knows the victim, was present. The police officer filed a report indicating that Kareem acquired a white weapon. But the Prosecution General released him. In response, the police officer insulted the victim who answered back refusing the insulting of his mother. This provoked the police officer who hit the victim on his chest, pushing him to the floor, and continued beating him using hands and feet in different parts of the victim’s body who died immediately. Furthermore, the police officer assuming he was only unconscious, he put the victim in the police vehicle without even trying to provide medical assistance. While the victim’s corpse was still in the police vehicle, the police officer took a prowl and arrested someone. The Prosecution ordered a forensic medical check for the victim which referred the case to the Criminal Court on the hearing of 27 January 2014 before the 4th circuit, felonies Tanta east.
(17) The Court did not lodge verifications of innocence until 30th of November 2013, and the Prosecution General decided challenging the ruling as it contradicts the documented content.
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United Group - Attorneys at law, Legal Advisors and Human Rights Advocates
Part Three Problems Facing the Lawyers Serving in the Legal Unit
awyers of the Legal Units, over one year, faced several obstacles Lthat diminished the efficiency of their assistance for law enforcement and bringing criminals to justice. 1. The Prosecution General fails to put sufficient effort for bringing criminals in torture and cruel treatment cases to justice: In the foregoing, we indicated that torture victim is incapable of resort directly to court against the doers. But he should first file a report about the incident to the Prosecution General which after investigation, should either refer the lawsuit to court, shelf it or demand enforcing an administrative punishment on the criminal. But, in order for the Prosecution General to be enabled, it has to obtain police inquiries verifying the incident. Needless to mention, that the inquiries are carried out by the police, and, in many cases subordinates of the accused police officer perform the inquiries. Assuming that chief investigator of the police station and a number of policemen are accused with torture, in this case assistant to the investigation of the police station carries out the inquiries!!! We may conclude how the inquiries are performed and whether it helps in revealing or concealing the truth. Secondly, waiting for the forensic medical report is a must in order to verify compatibility between the victim’s injuries and his description of the incident. In other words, if the victim alleged that the criminal tortured him by means of beating with a stick, therefore, the forensic medical report should define that the victim’s injuries might occur according the statements included in the investigations. In my opinion, those are the two main obstacles hindering accessibility to justice. Other obstacles might be summed up as follows:
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1.1 The Prosecution prevents lawyers from reviewing the investigations documents: In some events, the Prosecution General prevents the victim’s lawyer from reviewing the lawsuit documents under the pretext of regulating instructions, decrees or difficulty of providing the documents in the given phase for reviewing or photocopying. The Legal Unit suffered a lot of this issue regardless of having powers of attorneys. The most famous case in this regard, was case number 245 of 2013, administrative Suez related to the murder of demonstrators in the incidents that happened during commemorating the 25th of January Revolution. In the aforementioned case, the Prosecution absolutely refused allowing the lawyer to review the lawsuit documents under the pretext of directives of the Prosecutor General who instructed that documents shall neither be reviewed nor photocopied due to the sensitivity of the case. Number of cases where the Prosecution General refrained from allowing the lawyer to review the documents amounted to 13 forming 7% of total cases as presented in the following graph. The prosecution refrains from allowing lawyers to review the lawsuits Refrained 7%
Allowed 93%
1.2 The Prosecution General photocopies torture allegations as independent cases, fail to investigate them and orders for shelving: In many cases, the Prosecution General while handling cases involving the crime of torture or cruel treatment makes a photocopy of
42 United Group - Attorneys at law, Legal Advisors and Human Rights Advocates the original case to be addressed against the officer in question as a crime of cruel treatment. But a misdemeanor figure is assigned to the case, re recorded under a different administrative number and put to shelf without investigation. For example, case number 13392 of 2012, misdemeanor, Shebeen elKom. It involved resistance of authorities which escalated to an incident of cruel treatment. But the Prosecution decided to shelf the cruel treatment incident while the appealing Court of Misdemeanor ruled for the innocence of the defendants from the authority resistance charge. In addition, case number 1007 of 2013, 3rd misdemeanor, Ismailia which had been transcribed and shelved, it also involved an incident of cruel treatment. 9 cases scoring 4.7% received this type of handling from the Prosecution General. Shelving torture allegations without investigation
Shelved cases without investigation 4.7%
Properly handled cases 95.3%
1.3 The Prosecution General fails to call in the accused police officers for interrogation: In many occasions, the Prosecution General fails to call in the police officers to give their statements, or even take the usual effort for identifying the accused police officers. For example, case number 5093 of 2013, 2nd misdemeanor, Mahala, which involves a person who had been shot in the eye when security forces fired guns in a demonstration. Witnesses of the prosecution reported that the bullet
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was shot from the security forces, but the Prosecution General failed to combine the record book of the Security Directorate, nor inquire about the names of police officers who were present in the demonstration. Finally, it decided absence of grounds for filing the criminal lawsuit, as the doer is unknown. In this context, out of the 193 cases that received legal assistance from UG, the Prosecution General failed to call in the accused police officers in 100. The Prosecution General fails to call in the accused police officers for interrogation
Police officers Other cases were not interrogated as accused
1.4 The Prosecution General fails to refer the victims to forensic medical examination: The Prosecution General, in numerous occasions, slackens in referring the victim for forensic medical examination. For example, in the Abu Qurqas case, the Prosecution General checked him as documented in the report and found marks of torture. But it decided to refer him to the health inspector by passing the forensic services. As the video clip documenting the incident appeared after two months of the incident, the Prosecution General grew concerned. An investigation of the torture incident had been processed, and he was referred to forensic medical examination. In other cases, the lawyer is not present with the victim, thus, they do not refer him to forensic. 160 cases forming 83% of total cases were not referred to forensic.
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Victims who were not referred to forensic medical examination
17%
83%
Victims who were not referred to forensic medical examination
Victims who were referred to forensic medical examination
2. Forensic medical examination reports about the torture incidents are not submitted: 2.1 Forensic medical services - background The Forensic Medical Authority is a sector affiliated to the Ministry of Justice and divided into several sections including forgery and falsification researches in charge of proving or negating incidents of writing, signatures, and disclosing forgery of written documents. In relation to corporal assault crimes, forensic medical services are mandated with documenting the injuries, how they occurred, and whether or not they conform with the victim’s statements. As for murder cases, forensic medical services inspect the victim’s corpse, identify the assaults and whether or not the assaults caused the death. The judge through forensic medical services may develop his own personal conviction achieving a sound control and understanding of the lawsuit in question. As such, he would be able to passing fair and just rulings, decide on the dispute without wasting any party’s rights. Indeed, this is the final outcome and desired objective of the overall justice reform process.
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The forensic doctor is the only person who is qualified to define if the injury or amputation had inflicted an organ by way of the medical concept - forensic medicine describes wounds and causality between them and the outcome which is the death. For several considerations, the Positivistic School concluded to a preliminary description reflected in the well known phrase “if the judge was a judge of the law, the expert is a judge of incidents”. 2.2 Forensic medicine- the negative role: Matter of fact, forensic medical reports are part of the most important factors delaying the processing of torture and cruel treatment cases. The cases referred to the Forensic Services by means of a memorandum from the Prosecution General to define the injuries, required time for healing and how they happened. In this context, the Prosecution receives Forensic Medical reports after several months, furthermore, some of the reports might be anonymous and include technical faults. 77 cases of the total cases handled by the Legal Unit scoring 39.9% had not been served by Forensic Medical reports, although the Legal Unit submitted several requests either to the Prosecution General or the Forensic Medical Authority expediting the reports. The following table presents the submitted and un submitted forensic reports: Table 6 Submitted and un submitted forensic reports
Un submitted reports to date 77 39.9% Submitted reports 96 49.7% Cases that do not need forensic reports 20 10.4%
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10%
40% Un submitted reports to date Submitted reports Cases that do not need forensic reports
50%
2.1.1 Delayed reports After referring the person for forensic medical examination, Forensic Medicine Authority is not committed to a defined legal date for submitting its report to the Prosecution. For example, case number 349 of 2013, misdemeanor Hadaeq Al Qobah involving a police officer’s assault on a citizen which inflicted him with injuries. In the beginning of 2013, the victim was referred to forensic medical examination, however, the report had not been submitted to the Prosecution to date, regardless of numerous expediting requests. The situation applies to case number 3831 of 2012, administrative Fayoum. The felony involves the police forces killing Kahlawy Sayed Tawfiq as a result to chasing someone. The final forensic report had not been submitted to the Prosecution General until the time of preparing the report at hand. 2.2.2. Technically improper reports: For example, case number 388 of 2013, administrative, Warraq involving the murder of Sameh Ahmad Farag. According to the examination of the deceased corps, marks of steel cuffs showed on his wrists, injuries in his feet and hand. But the police station reported that he suffered an outburst and fell unconscious. The forensic medial report indicated the injuries and how they happened, but concluded that the said injuries are insufficient to cause death. The report further explained that the victim is a heart patient and died because of the physical effort he endured.
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Part Four Legal Support Project for Victims of Torture September 2012/ September 2013 Highlighting Extensive Project Activities
hroughout a year, Legal Support Project for Victims of Torture Twas capable of spreading all over fourteen governorates, in Arab Republic of Egypt, supported by a network of volunteering lawyers together with Bar Associations branches and NGOs in such governorates. We will, in a nutshell, present the Project activities that took place during a year time. 1. Conducting a series of preliminary training courses for lawyers in targeted governorates The Project conducted six intensive training courses for lawyers, in their governorates, related to dealing with torture and cruelty cases. 183 lawyers benefited from the said courses, in 14 governorates; being the Project scope of work. 2. Conducting in-depth workshop for lawyers In the light of the assessments made by trainers, after each workshop implemented in governorates, the Project team selected the best two lawyers from each governorate to participate in an in-depth 3-day workshop conducted from 7 to 9 September 2012. It is worth mentioning that 38 lawyers participated in such a workshop, in which they were trained on defending victims of torture, tackling international instruments and handling fact-finding matters. 3. Establishing 10 subsidiary and central units in Cairo to provide legal support for victims of torture Ten legal support units were established in subsidiary Bar Associations and some NGOs working with the Project. The units were provided by computers, printers, internet connections and fax machines.
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The following figure shows the support units locations on the Republic level. Such legal units provided services to 193 cases. 18 The Project further allocated a special phone number to receive cases of torture, cruelty and unjustified detention complaints. This number was circulated via many ways, including advertisements in newspapers and being posted on all Project printouts. 4. Developing periodical reports and legal studies and researches In the framework of submitting a scientific legal research contribution, concerned with ensuring the right to bodily integrity and related challenges and problems, the legal unit faced such a matter by issuing two kinds of reports and researches. The first kind is periodical reports on unit performance, evaluating and analyzing the received or worked on cases, and the other is in the form of specific studies and researches on the issue of violating the right to bodily integrity. 4-1 Periodical reports, studies and awareness-raising materials • First periodical report The Unit issued its first periodical report titled Impunity, covering and analyzing the complaints received by the legal unit from 1 December 2012 to 10 February 2013. The report presented the types of crimes committed, cases harmed from such crimes and their geographical distribution on the Republic governorates level. The report also encompassed the most important reasons for perpetrators impunity in relation to torturing and bodily integrity crimes, at the top of which the performance of prosecution general, forensic authority and Ministry of Interior way of dealing with officers violence. • Second Periodical Report The Unit issued in July 2013 the second periodical report titled Justice At-Risk. Such a report was allocated to problems facing lawyers during dealing with the prosecution general and the related impact on justice enforcement and rule of law.
(18) See Annex 1 attached to this Report.
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• Study titled Egyptians Stereotypes of the Police Post January 25th Revolution 2011 A study on the Egyptians stereotypes of the police post January Revolution, was issued by the Unit, prepared by Dr. Shaden Nosair, Staff Member of Police Academy, academically supervised by Dr. Qadry Hanafy, Professor of Psychology in Ain Shams University and involved a group of field researchers to carry out the field survey. 4-2 Preparing legal awareness-raising papers to be used during the awareness-raising meetings implemented by Project. The Unit prepared legal related papers to be used during the awareness-raising meetings, implemented by the Project, in cooperation with NGOs located in targeted governorates. Such papers included the following: 1. Identifying the concept of torturing, usage of force and unjustified detention crimes, in addition to the procedures taken by people in response to such cases and required actions whenever exposed to any of such crimes. 2. Determining people rights and police staff duties during arresting, inspecting and detaining procedures, in which legal guarantees for people, their rights in such cases, police officers authorities and exceeding the limits of authority were presented. 3. Designing and preparing the media campaign materials. 4-3 Documentation and awareness-raising materials • Producing and presenting a documentary film on torturing in Egypt In the framework of documenting the violation of the right to bodily integrity and raising the society and State awareness regarding the suffering of torture victims in Egypt, the Unit produced, in contribution to the Torture Victims Day, a short documentary film titled “Fair Settlement!” (Tasfiate Hesab) made by a young director, where he documented the cases tackled by the legal unit. The film was presented in the expanded conference organized by the project in the Torture
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Victims Day in 26 June 2013. The film was also uploaded on the social communication networks. • 2013 Calendar Designing a calendar clarifying the hotline of the Central Unit allocated for receiving the torture cases. 7 thousand copies were printed and distributed in all targeted governorates in which the project is working. • Leaflets 62000 leaflets were printed to identify the protection Project, hotline number and addresses of legal units located in subsidiary Bar Associations within the Project related governorates. This aimed at defining the project and providing a hotline number to report on torturing cases. Leaflets were distributed by subsidiary units lawyers and partner NGOs, during the awareness-raising meetings, held in villages and centers in project targeted governorates. • Stickers 30000 stickers were printed including the Project name and hotline number, aiming at acquainting people with means of reporting on violation and torturing cases, when exposed to. Stickers were distributed by partner NGOs and were stuck in public places, commercial shops, means of transportations and other places where the stickers could be easily seen in. • Fliers 30000 fliers were printed defining the Project, torturing crime or violation of bodily integrity and the legal methods to be followed in case of occurrence. The fliers were distributed via the subsidiary Bar Associations and partner NGOs. They were distributed during the periodical awareness-raising meetings held in NGOs, high population areas and public squares. • The Month of Ramadan Calendar 50000 copies of Ramadan calendar were printed including Article 1 of United Nations Convention against Torture, some provisions
52 United Group - Attorneys at law, Legal Advisors and Human Rights Advocates from Ministry of Interior Code of Conduct and Ethics related to police work, phone numbers of human rights sector leaderships and officers in Ministry of Interior and a hotline for protection Project to report on torture cases when exposed to. Ramadan calendar was distributed by partner NGOs during the month of Ramadan in public areas, high population areas, public squares and main streets. 5. Awareness-raising meetings 5-1 Local awareness-raising meetings The contracted NGOs, in related governorates, during this period, convened 343 meetings, which benefited around 12821 citizens from different categories (university and intermediate education students, workers, teachers, employees, fishermen, illiterates, housewives). Also, gender perspective was taken in consideration with reference to attendance. The following table highlights the number of meetings held by the Project in each governorate:
Number Governorate Number of Meetings 1 Alexandria 43 2 Beheira 16 3 Portsaid 23 4 Beni Suef 49 5 Minia 37 6 Suhag 30 7 Luxor 16 8 Aswan 14 9 Fayoum 48 10 Dakahlia 19 11 Gharbiya 48
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Distribution of meetings held in governorates
5-2 Extensive and specialized meetings In addition to the local awareness-raising meetings, convened by partner NGOs, the Project centrally held a number of extensive or specialized meetings and conferences, namely: • Workshop for discussing Egyptians stereotypes of police The team organized an expert workshop to discuss the referred to issue, in 22 April 2013, Sonesta Hotel, Egypt. The workshop was attended by leaders from Ministry of Interior, some human rights specialists, security experts, judges and counselors. • Extensive press conference on the murder of journalist Al Husseini Abo Deif Such a press conference was held to overview the results of the consultative report, prepared by the United Group on the murder of the journalist Al Husseini Abo Deif, in 14 May 2013. The Group resorted to the assistance of a previous senior medical examiner to prepare the report in the light of evidences gathered by the prosecution.
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After presenting the report results to journalists, it was submitted for prosecution consideration. • Extensive conference commemorating Torture Victims Day In synchronization with Torture Victims Day, under the slogan “Victory for Victims”, the Project organized an extensive conference representing a galaxy of judges, legal experts, representatives of different political parties and forces, celebrities and media people. The Conference was held on Wednesday 26 of January 2013, Aida Hall, Marriott Hotel, Zamalek. During the Conference, a documentary film was presented, prepared by the Project, on some torturing and cruelty cases, which were legally encountered by the Legal Support Unit. With regard to impunity from torturing crimes, and Egypt non-signing of the 2010 Optional Protocol to the Convention against Torture, including additional guarantees to protect people from torturing, Mr. Ahmed Saif El Islam Hamad, lawyer and Director of Hisham Mubarak Law Center gave a lecture tackling these two topics. Moreover, in appreciation to their efforts exerted in such a field, a number of Bar Associations chairmen, in various governorates were honored during the event. Also, Al Watan Newspaper was honored too, being the media sponsor of the Project. The evening has ended by a poetry recital delivered by the famous poets Ahmed Foad Negm and Gamal Bekhait. 6. Promotional and media campaign The activities implemented in such a framework diversified, whether in relation to media used, contents or goals required. Some methods were employed for the promotion of legal support units and the hotline and others comprised awareness-raising materials and information targeting the largest area and people possible. These activities are clarified as follows: • Project Website The Project electronic site titled www.free.ug-law.com was finalized. The site comprised a number of local and international legislations concerned with the right to bodily integrity together with sentences for Court of Cassation with reference to the said issue. The site further presents complaints and cases received by the legal unit and the documentary film on torture.
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• Newspaper advertisements It has been agreed with the daily independent newspaper “Al-Watan” to be the Project media sponsor against publishing a Saturday 20 cm 2* colored prominently appearing advertisement, for a six month period starting mid September 2012, referring to the hotline numbers in order to receive cases of torture and cruelty complaints and serve in the provision of legal support to torture victims; as a contribution from the newspaper in limiting the torturing phenomenon.
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Part Five Project Recommendations
t is noteworthy that there is a myriad work to be done by the Legal ISupport Project for Victims of Torture or other related parties, so as to seriously curb torturing phenomenon. In all cases, the new Egyptian draft Constitution may provide additional legal support for victims of torture; however it would be an insufficient protection, as it is not an issue of mere provisions but an issue of executable provisions. There are numerous reasons for the spread of and failing in facing such a phenomenon, despite of the change witnessed by the Egyptian political system twice in three years and the human dignity being one of the main 2011 great revolution goals, that is to say First Reason: in our discretion, it is a social reason represented in people acceptance and non-condemnation to the idea of torture, when covered religiously or politically, hence sanctifying violence. This is an issue elaborated by the most famous sociologist Qadry Hanafy saying that “the individual acquire the ability to practice violence via a social training process, entrenching the value of sanctifying violence, by emphasizing that the powerful fearful harmful person is the “respectable” one compared to the calm peaceful law-abiding and complain receiver person, who is considered a weak unworthy of respect person.” Also, sanctifying obedience, which makes subordinates obey their seniors and carry out submissively the torturing process, without discussing or even thinking of such orders. They blindly unwaveringly obey orders of torturing. Usually, those complying people are easily convinced, attracted and deluded with the fact that such actions are for the interest of the State, humanity or a certain issue.” Digging deep
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in such a social reason perhaps can lead us to know why the courts, which denounced the violation of law and defined the torturing crime in a way nearly identical to the definition stipulated in Article One of Convention against Torture, exaggeratingly are tolerant with such torture executors, using entrusted legal jurisdictions to apply the minimum limits of punishments.(19) Second Reason: it is seen in the deficiency of those responsible for combating torturing crime, assisting victims or expressing people concerns, that is to say civil society organizations (associations, institutions, unions, parties). With reference to political parties, any impartial and equitable observer can reveal that such parties pay no attention to the issue of torturing in police stations nor even include it in their agendas. The last decade, at a minimum, did not witness systematic effort by any political party or parties to work on combating such a phenomenon, whether from the cultural or political point of views. Political parties even conducted no important initiatives in this regard. Concerning the professional unions, at the top of which Bar Association and Medical Syndicate, they had a more slackening and weaker role. For instance, Bar Association is entrusted, by virtue of the Association regulation, to provide legal support for the incapable people; in our discretion the incapables are not only poor people but anyone prevented by “certain”
(19) The misconception about the torturing crime and related entrenched ideas in society can be concluded from the study carried out by the United Group on a sample of lawyers, which revealed that a percentage ranging between 21% and 41% of respondents, in accordance with the governorates subject to study, view torture as only severe beating, while a range of 9% to 30% considers mild beating as torture. However, the majority of respondents do not regard humiliation, insulting or any other form of moral abuse as part of torturing definition, despite of being provided for in the Convention against Violence, which is part of the Egyptian legislation as stipulated in Article 151 of Constitution; Egyptian Court of Cassation deems moral abuse, whatsoever the gravity, legally prohibited and punishable. Crime and Punishment, Torture in Police Stations “Lawyers Vision”, Main researcher Negad El Bore’i, Publisher United Group Attorneys-at-Law, Economic Consultants and Human Rights Advocates, Cairo, April 2006.
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circumstances from receiving legal support, at the top of which torture victims, as most of them are poor from one side and surrounded by stressing circumstances from another side (the least is being afraid of the perpetrator “police officer”), thus obstruct demanding and receiving legal support. In spite of the previously mentioned, the Egyptian Bar Association had no effective role in defending or supporting torture victims. Similarly, the Medical Syndicate lacked any role in this concern, paying no attention to training the medical examiners on methods of discovering torture signs or establishing a unit to provide medical assistance to torture victims or any other related work. Third Reason: it is the media means; in our viewpoint there is a special kind of relationship, perhaps between accident journalists and police officers that can lead to newspapers refraining to denounce torture. They bear direct responsibility for being passive in dealing with such an issue and putting it aside or sending it to oblivion(20), thus preventing media means to carry out its role related to defending human rights.(21) The Group, at the end of this report, finds nothing better than the recommendations submitted in the two previous reports “Justice At- Risk” and “Impunity”. Therefore, the Group is re-mentioning these recommendations perhaps “one day” be seen or heard by anyone! 1. Ministry of Justice should, in cooperation with civil society institutions, train prosecutors general on methods of investigation and interrogation in relation to torture cases, immediate procedures
(20) For more details refer to: Taha Negm, Modern International Directions in Media and Human Rights Studies, Egyptian Journal of Mass Research, Faculty of Mass Communication, Issue (15), April – June 2002, P.310. Gehan Yosry, Mass Communication Students Awareness of Human Rights, Egyptian Journal of Public Opinion Research, Volume Two, June- December 2006, P.327. (21) Dr. Hanaa Farouq Saleh Khatab, Egyptian Media and Human Rights Violations, Background Paper presented in a conference held by the United Group to set a strategy for fighting torture, October 2008.
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to be taken by prosecutor general in order to avoid perpetrators impunity and the international conventions on the right to bodily integrity in addition to means of application on torture and use of force cases. 2. Prosecution General should periodically inspect detention places, ensure law execution in these places and affirm the lack of legally unjustifiably detentions or mistreatment of detainees, by depriving them from their rights, entrusted by law. 3. Larger number of lawyers should be trained on dealing with torture and cruel treatment cases, in addition to the legal procedures to be followed in case of prosecution general violation of related duties, instituting criminal litigation lawsuits and any other procedures resulting from the violation of prosecution general members to their responsibilities. 4. An independent judicial committee should be established in Ministry of Interior. Such a committee should be responsible for examining all police staff violations, carrying out related investigations and preparing monitoring reports prior to being sent to the prosecution general. It should also be entrusted with receiving people complaints with regard to Ministry of Interior officers and soldiers. 5. Bar Association should cooperate with some civil society institutions in providing training courses, for journalists working in accidents and investigations departments, on ways of monitoring and documenting torture and cruel treatment crimes and following such crimes until reaching courts. 6. The proposal of separating Forensic Medicine Authority from Ministry of Justice should be encouraged and be considered an independent association subject to the judiciary supervision technically and CAPMAS financially. We further call upon them to rapidly issue medical reports. Moreover, we propose that prosecution general widely recognize the medical reports issued by public hospital physicians, after taking the oath as experts; the issue alleviating the pressure laid on Forensic Medicine Authority concerning minor assaults that do not require specialized expertise.
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7. A prosecution body specialized in torture claims investigations should be established; a copy of torture claim to be sent immediately to such a body or presented before any other relative prosecution body. This prosecution should be provided by sufficient number of trained investigators and should have a special investigation body directly affiliated to the prosecutor general office. Establishing the said prosecution body and providing its members with skills required and tools needed to carry out their work will have the greatest impact in ensuring efficient and professional investigations in sensitive torture cases. 8. Prosecution general members should carry out investigations related and respond to torture claims in a timely manner. They should be guided to take criminal procedures and required to apply disciplinary punishments on any employee causing delay in executing prosecution decisions, thus leading to late response to torture reporting cases. 9. A guide should be developed, by prosecutor general office, on prosecution members’ methods of dealing with torture cases, abiding them to exclusively send to the prosecutor general office monthly cases including torture claims and methods of dealing with such cases.
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United Group - Attorneys at law, Legal Advisors and Human Rights Advocates
Annex 1 Cases Received Assistance from Legal Support Units
Geographical Method of No. Victim Age Job Forensic Report Location Torturing Cairo A policeman in …….. police station named ………. Cairo (Waily 43 Taxi accompanied Scalp sharp 1 ………… Police years driver by two thugs injuries. Station) have beaten the victim on his head causing head injury. As a result of an argument between the victim and The one of ………. preliminary Cairo police station report ………… (Amiriah 40 Poultry 2 officers, the mentioned a (deceased) Police years seller officer gunshot gunshot and Station) the victim on various injuries his head, and in body. even dragged the victim after shooting him. It states head injury, cartouche Killed while bullets in Cairo practicing his different body ………… (Heliopolis 32 3 Journalist job in covering parts including (deceased) Police years Itihadiah brain, fractures Station) incidents. in parietal skull and first vertebra of neck.
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Geographical Method of No. Victim Age Job Forensic Report Location Torturing Cairo He was treated Not received (Boulak Abo 33 4 …………….. Employee cruelly in ……… yet. ‘Ela Police years police station. Station) Security forces in ………… police station broke into his house without legal grounds, Cairo destroyed all The incident (Zaytoun 44 Restaurant 5 …………….. house contents caused no Police years Manager and sexually injuries. Station) harassed his wife by personally inspecting and using cruelty with her. He was not referred for medical Despite of being examination psychologically except after Cairo ill, he was 14 days (Heliopolis 25 tortured and from torture. 6 …………….. Student Police years beaten inside However, Station) the police the report station causing mentioned him injuries. that injuries go back to the date of arresting. He was hanged inside the police Cairo station and ………. (Heliopolis 30 Not received 7 Worker police claimed (deceased) Police years yet. that he had Station) committed suicide. An officer in Cairo ……….. police (Hada’eq Al 25 University station has Not received 8 …………… Qobah Police years student beaten, tortured, yet. Station) insulted and humiliated him.
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Geographical Method of No. Victim Age Job Forensic Report Location Torturing Al Tahrir Newspaper 27 citizens complaint Ages were tortured (27 people Cairo (Abo range and sexually were 9 ‘Ela Police between students harassed in Unavailable detained Station) 20 and …….. camp in Salam 30 years prison and …… Central detention. Security Salam) He was not He was tortured referred and beaten to medical Cairo (Salam 28 while being examination 10 …………. Police worker years arrested and despite of Station) detained in affirming his station. injury before prosecution. He was beaten by the chief officer and a number of soldiers from Cairo ……. police (Mokatam 30 Not received 11 ………… worker station. He was Police years yet. beaten on his Station) face several times and kicked in his stomach, while laying on floor. He was killed, without legal Cairo (Marg ……….. 24 grounds, by a Not received 12 Police Driver (deceased) years policeman in yet. Station) Marg Police Station. She was shooting the demonstrations Cairo (Qasr taking place in 25 Political Not received 13 ………….. Al Nil Police Qasr Al ‘Eini years Activist yet. Station) street, when the police forces arrested and tortured her.
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Geographical Method of No. Victim Age Job Forensic Report Location Torturing He was beaten by a policeman Director of Cairo in ………… Advertisement (Boulaq Abo 32 hospital, when Not received 14 ………….. Department, El ‘Ela Police years he revealed a yet. Al Ahram Station) forgery case Newspaper in the hospital records. Cairo He was tortured …………. (Hadaeq Al 35 to death in Not received 15 Unemployed (deceased) Qobah Police years ……… police yet. Station) station He was tortured in …………. Cairo (Qasr Camp for 16 Not received 16 ………….. Al Nil Police Student participating in years yet Station) demonstrations taking place in Al Tahrir Square
As a result of a He was fight between referred the victim and medical Cairo a policeman, examination (Hada’eq Al 38 17 ………….. Worker the latter after 3 months Qobah Police years arrested, beaten from incidence Station) and tortured and the report the victim as is not received retaliation. yet.
The report indicated that he was beaten, electrically Cairo (Qasr He was tortured 30 shocked and 18 …………. Al Nil Police Teacher by State years inflicted by Station) Security officers. back injuries, thus causing him bodily infirmity.
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Geographical Method of No. Victim Age Job Forensic Report Location Torturing He was arrested, while participating in a peaceful Cairo (Qasr demonstration in 33 Not received 19 …………. Al Nil Police Physician front of Ministry years yet. Station) of Interior on 26 January. He was beaten, dragged and detained in …….. prison. An officer in ………. police station insulted and Cairo humiliated him (Matarya 26 B.Sc in for defending Not received 20 ………….. Police years Science Al Tahrir yet. Station) demonstrations and resumed by beating him in the police station. Captain ……… broke into the The victim house, preliminary beaten and report stated dragged him Cairo (Bab Al a superficial 36 before his 21 ………… Sh’eria Police Teacher injury above years neighbors Station) the right to arrest his eyebrow and brother ……., nose and face who is escaping bruises. from sentence execution. As a result of fighting with When a neighbor examining working as a victim, right Cairo (Nasr 37 policeman, he and left hands 22 …………. City Police Psychiatrist years was beaten and skin abrasions Station) tortured by such and back policeman in injuries were Nasr City police noticed. station.
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Geographical Method of No. Victim Age Job Forensic Report Location Torturing Police forces Cairo (Salam broke into her 34 23 ………… Police Housewife house and Not received years Station) destroyed all furniture.
The preliminary medical report referred to swelling above He was attacked eyebrow, as a Cairo by an officer in result of head (Matarya 26 BA in ……….. police 24 ……………. beatings. Also, Police years Law station while bruises and Station) witnessing in a skin abrasions case. were found in various body parts caused by hitting a solid object.
He is one of the 25 January victims walking on crutches. A heated argument took The report place between affirmed the victim and injuries and an officer in bruises in Cairo (Sayda front of the main 27 Not feet, taking in 25 …………… Zeinab Police entrance to Al years working consideration Station) Qasr Al ‘Eini that the victim Hospital. As a has previously result, the officer implanted an took the victim artificial joint. to the Hospital police center and has beaten him together with other policemen
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Geographical Method of No. Victim Age Job Forensic Report Location Torturing During the dispersal of Al Itihadiah sit- in, Ministry of interior forces have beaten, Cairo stripped off (Heliopolis 53 and dragged Not received 26 …………… Employee Police years a citizen, yet. Station) during on air broadcasting of ONTV channel to the incidents taking place in front of Al Itihadiah Palace. During the victim presence in the police station to inquire about the reason for He suffered arresting the from left wrist porter working Cairo (Nasr Owner of rupture, and 52 for his building, 27 …………… City Police touristic had to put his years he was exposed Station) company arm, below unexpectedly elbow onward, to beating, in cast humiliation and insulting by the chief officer of the police station, causing him injuries. He was tortured He was in ………. police referred Cairo (Al station to force medical 44 28 ………….. Zaher Police Driver him on signing examination years Station) on a number of and the report uncommitted is not received cases. yet.
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Geographical Method of No. Victim Age Job Forensic Report Location Torturing He was beaten and tortured in ………. Cairo (Maadi heavily guarded 26 Not received 29 ………… Police Carpenter prison, for years yet. Station) demonstrating in front of Minister of Interior house. He was beaten and tortured in ………. Cairo (Maadi heavily guarded 28 BA in Not received 30 ………….. Police prison, for years literature yet. Station) demonstrating in front of Minister of Interior house. He was beaten and tortured in ………. Cairo (Maadi heavily guarded 24 Accountant Not received 31 …………… Police prison, for years in HSBC yet. Station) demonstrating in front of Minister of Interior house. He was beaten and tortured Head of in ………. Cairo (Maadi Laboratory heavily guarded 32 Not received 32 …………… Police Unit in prison, for years yet. Station) Balaeem demonstrating in Company front of Minister of Interior house. He was beaten, dragged and The medical Cairo tortured by report stated …………. (‘Abdeen 30 Tour Central Security that injuries 33 (deceased) Police years guide officers causing took place as a Station) him complete result of a car comma ending accident. by his death
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Geographical Method of No. Victim Age Job Forensic Report Location Torturing He died as a result of The death bullets fired by cause is Central Security throwing a Cairo (Seedy forces on the solid object …………. 26 34 Gaber Police demonstrations from a high (deceased) years Station) taking place level on victim in front of leading to his Alexandria immediate Security death. Administration. While the victim was The passing a traffic preliminary checkpoint, one report referred of the officers to a bruise and present in the accumulation Cairo (New checkpoint 18 of clotted blood 35 ………… Cairo Police Student attacked the years under the right Station) victim for putting eye and skin a picture of abrasions in the deposed the right part president of scalp, upper Mohammad arm and chest Morsi and the slogan of Rab’a. While the victim was passing a traffic checkpoint, one of the officers The present in the preliminary Cairo (New Agricultural checkpoint 32 report stated 36 ………….. Cairo Police Secondary attacked the years that there are Station) Certificate victim for putting no apparent a picture of injuries. the deposed president Mohammad Morsi and the slogan of Rab’a.
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Geographical Method of No. Victim Age Job Forensic Report Location Torturing
While the victim was passing a traffic checkpoint, one of the officers The preliminary present in the report referred to Cairo (New checkpoint a bruise around 42 Stock 37 …………… Cairo Police attacked the the left eye; the years Inspector Station) victim for putting report is being a picture of completed by the deposed ophthalmologist. president Mohammad Morsi and the slogan of Rab’a.
While the victim was passing a traffic checkpoint, one Numerous of the officers bruises in present in the scalp, skin Cairo (New checkpoint abrasions in 24 38 ……………. Cairo Police Student attacked the right feet, an years Station) victim for putting injury in left a picture of feet and a the deposed bruise in lower president lip. Mohammad Morsi and the slogan of Rab’a. While the victim was passing a traffic checkpoint, one of the officers present in the Severe bruises Teacher Cairo (New checkpoint in left eyelid 48 in Saint 39 …………. Cairo Police attacked the and under the years Fatima Station) victim for putting backward part School a picture of of chest. the deposed president Mohammad Morsi and the slogan of Rab’a.
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Geographical Method of No. Victim Age Job Forensic Report Location Torturing She is working in One-Day Surgery Hospital. As a result of a heated argument between Employee her and the Cairo (Marg in One- Bruises in 34 policeman ……. 40 …………… Police Day shoulders and years (from …….. Station) Surgery chest police station), Hospital officers from ………. police station have beaten her and other people from the hospital causing her injuries. She was beaten by security Employee forces from Cairo (Marg in One- Bruise in the 32 …….. police 41 …………….. Police Day chest upper years station while Station) Surgery part. breaking into the Hospital hospital causing her injuries. She was beaten by security Employee forces from Nervous Cairo (Marg in One- 28 …….. police breakdown 42 …………… Police Day years station while and low blood Station) Surgery breaking into the pressure. Hospital hospital causing her injuries. She was beaten by security Employee Bruise and forces from Cairo (Marg in One- swelling of the 29 …….. police 43 …………… Police Day left forearm years station while Station) Surgery and bruises in breaking into the Hospital chest and face hospital causing her injuries
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Geographical Method of No. Victim Age Job Forensic Report Location Torturing Bruise in chest and forearm, skin abrasions She was beaten in face left by security Employee part. After forces from Cairo (Marg in One- examination by 25 …….. police 44 …………….. Police Day an orthopedist, years station while Station) Surgery a rupture was breaking into the Hospital revealed in hospital causing the right wrist her injuries. leading to putting it in cast Giza
Bruises and skin abrasions He interfered to in face, head, stop an officer right forearm Giza (Oseem Employee from beating a 34 and left leg. 45 …………….. Police in Services handicapped, years All are injuries Station) Department thus he was caused by beaten and being beaten injured. by solid rough object(s).
New bruises Have He interfered to and skin a kiosk stop an officer abrasions in Giza (Oseem rented from beating a 32 face and head 46 …………….. Police from handicapped, years caused by Station) Local and thus he was being beaten Irrigation beaten and by solid rough Unit injured object(s).
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Geographical Method of No. Victim Age Job Forensic Report Location Torturing A fight took place in ………… neighborhood leading to arresting the victim with others randomly. While arresting the victim, he was tortured, severely beaten When arresting and dragged. him, he was Then he was beaten by the detained in the Chief of Giza Giza (Giza police station Police Station ………… 25 and referred to 47 Police Accountant on his head (deceased) years the prosecution Station) general, which causing brain decided to edema, and renew his neglecting his detention for 4 treatment led days and calling to his death. for a physician to be examined in detention. However, he was not examined by any physician, and he died in the third day after arresting him He was beaten Giza (Dokki 41 Taxi and cruelly 48 …………….. Police Not received years driver treated by a Station) traffic officer. She was beaten Giza (Al 36 by officers from Not received 49 …………….. Waraq Police Housewife years …….. police yet. Station) station. Bruise and skin abrasion He was arrested in forehead; Giza (Al and beaten by 32 bruises in 50 ……………. Waraq Police Tailor policemen of years right hand, left Station) ………… police thigh and skin station. abrasion in left knee.
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Geographical Method of No. Victim Age Job Forensic Report Location Torturing While arresting him for forming a gang committing robbery in public roads, officers Injury in Giza (Al 33 Gas of ……… police forehead and 51 ……………. Waraq Police years seller stations beaten skin abrasions Station) him causing in forearms. injuries revealed in medical examination report. While arresting him for forming a gang committing robbery in public Stitches in Giza (Al roads, officers 28 scalp and 52 …………… Wara Police Worker of ……… police years bruise in left Station) stations beaten eye. him causing injuries revealed in medical examination report On a piece of land where they live in slums, the victim was surprised by an assault from the Giza (Oseem chief of ………. Not received 53 …………….. Police destroying the yet. Station) slums. When the victim opposed the destruction of slums, he was beaten, insulted and injured. On a piece of land where they live in slums, the victim was surprised by an assault from the Giza (Oseem chief of ………. Not received 54 …………….. Police destroying the yet. Station) slums. When the victim opposed the destruction of slums, he was beaten, insulted and injured
76 United Group - Attorneys at law, Legal Advisors and Human Rights Advocates
Geographical Method of No. Victim Age Job Forensic Report Location Torturing On a piece of land where they live in slums, the victim was surprised by an assault from the Giza (Oseem chief of ………. Not received 55 …………….. Police destroying the yet Station) slums. When the victim opposed the destruction of slums, he was beaten, insulted and injured. The A number of preliminary security forces report stated have beaten bruises and Giza (Oseem 28 Poultry him in his house skin abrasions 56 ……………… Police years seller and resumed in the back Station) beating him upper part, in the police and expected station. rupture in left shoulder. He was beaten 16 while being 57 ………………. Giza Student Not received years arrested for stealing. He was beaten 16 while being 58 ……………… Giza Student Not received years arrested for stealing. He was beaten when Worker arrested to be Giza (Imbaba 30 in a questioned; an Not received 59 ………………. Police years carpentry argument took yet. Station) workshop place between him and one of the policemen. He was assaulted by His injury was Central Security stated in the Giza (Dokki 29 Forces during a minutes when 60 …………….. Police Lawyer years demonstration in presented Station) front of Minister before of Interior prosecution. house. 77 The Crime Continues
Geographical Method of No. Victim Age Job Forensic Report Location Torturing He was assaulted by His injury was Central Security stated in the Giza (Dokki 28 Forces during a minutes when 61 ……………… Police Lawyer years demonstration in presented Station) front of Minister before of Interior prosecution. house. When the victim was provisionally detained in a fighting case, he was beaten. When his family knew about Giza beating him, (Mansheat they went to the 46 Not Not received 62 ……………… Al Qanater police precinct years working yet. Police to inquire about Precinct) the reason. Thus, the complained against officers have beaten and detained them without any legal grounds. On …….., 8:00 a.m. the victim ………… went to …………. police station The to inquire about preliminary the reasons for detaining a report referred friend. After few to signs of hours, his family cuffs on hands was informed of and feet, …………… 23 his death. The 63 Giza Ironsmith severe swelling (deceased) years police station claimed that of and skin he died of a abrasions in car accident. neck. Waiting So, his family for forensic went to …….. police station examination to ascertain the report. reason. But they found signs of injuries caused by torture.
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Geographical Method of No. Victim Age Job Forensic Report Location Torturing The medical examination report stated As a result of that the an argument bruises in the between victim body him and a are caused by policeman, the hitting solid 36 Owner of a latter with the object(s). 64 …………….. Giza years supermarket cooperation of These are thugs kidnapped injuries that the victim and could have tortured him, in taken place for various ways, the reasons for 10 days mentioned by the victim in the police minutes. Some security forces from ……….. police station broke 37 into the victim 65 …………… Giza Agronomist Not received years house and destroyed all its contents without any legal ground. Gharbiya While dispersing Bursting of and one of the the presence demonstrations Gharbiya of a strange 22 BA in taking place in 66 ……………. (Mahla Police object in years Law Mahla, Central Station) right eyeball, Security Forces causing bodily shot the victim infirmity. in his eye.
While dispersing Bursting of and one of the the presence demonstrations Gharbiya of a strange 33 Weaving taking place in 67 ……………. (Mahla Police object in years worker Mahla, Central Station) right eyeball, Security Forces causing bodily shot the victim infirmity. in his left eye
79 The Crime Continues
Geographical Method of No. Victim Age Job Forensic Report Location Torturing
He was severely beaten in one of the police checkpoints in Mahla Al Kobra. When …………, The report 17 years old, indicated that was driving a the reason of motorbike, an death is being Gharbiya officer from ……………… 17 Carpenter beaten in testes 68 (Mahla Police …….. police (deceased) years apprentice affecting the Station) station stopped parasympathetic him. As a result nerve, hence of a heated leading to his argument immediate death. between both the victim and ………., the victim was brutally beaten to death.
Central Security Forces and officers of …….. Gharbiya police station 69 …………… (Tanta Police Lawyer Not received have beaten the Station) victim causing him serious injuries.
Beheira
He was beaten, tortured and injured, when and after arresting him, Industrial 31 for being 70 …………….. Beheira Secondary Not received years accused of Certificate crippling traffic flow, occupying a governmental building and crowding.
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Geographical Method of No. Victim Age Job Forensic Report Location Torturing Policemen from the police station broke into the victim house and destroyed its Medical contents. They examination have beaten report is not 42 and insulted received, 71 ……………. Beheira Tailor years him, leaving him despite of the unconscious. passage of one Being year on such hemiplegic, they an incident. dragged him from his clothes and continued beating and torturing him.
He was beaten, tortured and injured, when and after arresting him, BA in 28 for being 72 ……………… Beheira Islamic Not received years accused of Law crippling traffic flow, occupying a governmental building and crowding.
He was beaten, tortured and injured, when and after arresting him, Industrial 22 for being 73 ……………… Beheira Secondary Not received years accused of Certificate crippling traffic flow, occupying a governmental building and crowding.
81 The Crime Continues
Geographical Method of No. Victim Age Job Forensic Report Location Torturing He was beaten, tortured and injured, when and after arresting him, 36 Readings for being 74 ……………… Beheira Not received years Institute accused of crippling traffic flow, occupying a governmental building and crowding. He was beaten, tortured and injured, when and after arresting him, 39 Not for being 75 ……………… Beheira Not received years working accused of crippling traffic flow, occupying a governmental building and crowding.
He was beaten, tortured and injured, when and after arresting him, 29 Not for being 76 ……………… Beheira Not received years working accused of crippling traffic flow, occupying a governmental building and crowding.
He was beaten, tortured and injured, when and after Industrial arresting him, 25 for being 77 ……………… Beheira Secondary Not received years accused of Certificate crippling traffic flow, occupying a governmental building and crowding.
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Geographical Method of No. Victim Age Job Forensic Report Location Torturing He was beaten, tortured and injured, when and after arresting him, Industrial 23 for being 78 ……………… Beheira Secondary Not received years accused of Certificate crippling traffic flow, occupying a governmental building and crowding. Some police officers from Damanhour police precinct broke into and roofed the victim house. When the victim There are went up to the signs of roof thinking 34 swelling and 79 …………….. Beheira Unemployed that they were years injuries in his robbers, an forehead and argument took left shoulder. place with them resulting in beating him by a piece of iron on his back and feet besides dragging him on floor. As a result of a heated argument, when stopped Having an in a police upper lip checkpoint, wound, 30 80 ………….. Beheira Lawyer the present upper chest years officers insulted, scratches humiliated and and left arm beaten him and bruises. also one of his accompanying clients.
83 The Crime Continues
Geographical Method of No. Victim Age Job Forensic Report Location Torturing He was arrested, without legal grounds, and detained in Damanhour 81 ……………. Beheira police precinct. Not received He was beaten and tortured by security forces without referral to prosecution. The victim is a journalist. During covering one of the demonstrations, security forces The report 26 Technical 82 …………… Beheira attacked him, stated a scalp years Certificate broke his bruise injury. camera and beaten him with a stick on his head leading to an injury. He was beaten, tortured and injured, when and after arresting him, 29 Without for being 83 ……………. Beheira Not received years work accused of crippling traffic flow, occupying a governmental building and crowding. She was beaten, tortured and injured, when and after arresting Agricultural 42 him, for being 84 …………….. Beheira Secondary Not received years accused of Certificate crippling traffic flow, occupying a governmental building and crowding.
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Geographical Method of No. Victim Age Job Forensic Report Location Torturing She was beaten, tortured and injured, when and after arresting Agricultural 42 him, for being 85 …………….. Beheira Secondary Not received years accused of Certificate crippling traffic flow, occupying a governmental building and crowding. There are Forces from bruises in the ……. police right forearm, station broke right and left into the victim shoulders. house, and The injury is as a result of caused by 26 an argument 86 …………….. Beheira Worker hitting bruising years between the object(s). victim and the There are security forces, also thin skin the forces abrasions have beaten caused by and injured the pointed victim. object(s). She was assaulted by an officer from 32 Not received 87 …………… Beheira Pharmacist ……….. police years yet. station when he was arresting her. Forces of …… Accumulation police station of clotted blood have attacked around the Retired the victim right eye, skin 64 Armed several times, in 88 ……………. Beheira abrasions in years Forces the last of which right feet and Staff they took him a bruise in to the station, the left side of beaten and chest. injured him.
85 The Crime Continues
Geographical Method of No. Victim Age Job Forensic Report Location Torturing
He was arrested in demonstrations. He was beaten 26 89 ……………. Beheira Salesman by security forces Not received years with clubs, hands and feet causing him injuries. It was noted that there are A policeman from fractures in ……. police station the left radius has beaten and and the fifth 21 Marble insulted the victim 90 ……………. Beheira metatarsal of years worker in station and the left hand when arresting in addition to him for stealing a a suspected motorbike. fracture of left scaphoid. She was assaulted while Minor scratch filing a minutes on left hand 22 in Damanhour 91 …………….. Beheira lawyer and minor skin years police precinct and abrasion on right beaten by mobile cheek. phone charger cable. The preliminary medical report Officers of referred to a …………. police suspected left station has broke 23 hand fracture, 92 …………….. Beheira lawyer into her house, years skin abrasions destroyed its in right shoulder contents, beaten and various and injured her. scratches and skin abrasions.
The victim insisted to witness in a case against the Chief of ……… Head of police station, thus Road the latter avenged 56 93 ……………. Beheira Transport from the victim Not received years Union, and his brothers Damanhour by fabricating accusations against, attacking and using cruelty with them.
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Geographical Method of No. Victim Age Job Forensic Report Location Torturing Bruise legs injury, though healed by the passage of time. Being accused Technically, in a murder there is no 14 crime, security 94 ………….. Beheira Student reason for years forces have thinking that beaten and the injury injured him. could not have taken place as referred to in the prosecution report. Forces from ……… police station has destroyed her It was noted kiosk, despite that there are of having all skin abrasions the required 55 in right hand, 95 ………….. Beheira Housewife licenses. It is years skin abrasions noteworthy that and bruises in she had filed a the upper part minutes against of right feet. one of the utilities officers. They also have beaten her.
Forces from ……… police station has destroyed his mother It was noted kiosk, despite that there are of having all skin abrasions Working the required 96 …………… Beheira 15 in left and in a kiosk licenses. It is noteworthy that right legs, and she had filed a scratches in minutes against right hand. one of the utilities officers. They also have beaten him.
87 The Crime Continues
Geographical Method of No. Victim Age Job Forensic Report Location Torturing While the victim was in Al Sa’ah (Clock) Square, he was arrested by force, beaten He was not in an armored 18 referred to 97 ……………. Beheira Student vehicle and then years a medical taken to the police station, examiner. where he was unjustifiably detained and threatened. Severe circulatory failure; cardiopulmonary While attacking resuscitation the victim house (CPR) was made to arrest her but failed. She son, by dawn, ………….. 58 was suffering 98 Beheira Housewife a police vehicle from a bruise (deceased) years ran over her under the left in front of her eye, fracture in house leading to thoracic cavity left ribs, fracture her death. in left thigh and skin abrasions in various places.
He was beaten and cruelly The treated by prosecution officers of inspection ………. police revealed 30 station, when 99 ………… Beheira Salesman injuries in the years arresting him to execute upper part of a sentence the right arm, against him in a left palm and breach of trust left knee. felony.
She was beaten, cruelly treated and slapped when 20 the sentence 100 ………… Beheira Student Not received years execution forces in …… police station were arresting her brother.
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Geographical Method of No. Victim Age Job Forensic Report Location Torturing Menoufiyah When the victim and another were on a motorbike, they came across a policeman who claimed that they do not have licenses, but customs release order. The Bruise-like policeman then skin abrasions started to insult caused by Owner of a and humiliate contacting 32 rough 101 …………. Menoufiyah commercial them, so they years object(s). It mall asked him to speak in a decent may happen way. Thus, the as a result of security people dragging on started beating, floor. dragging them, and they were taken to …….. police station, where the Chief officer has beaten and dragged them again.
When the victim and another were on a motorbike their way, they came across a policeman who claimed that they do not have licenses, Bruise like but customs release order. The skin abrasions policeman then caused by contacting Working in a started to insult 30 and humiliate rough 102 …………. Menoufiyah commercial years them, so they object(s). It mall asked him to may happen speak in a decent as a result of way. Thus, the dragging on security people floor. started beating, dragging them, and they were taken to …….. police station, where the Chief officer has beaten and dragged them again.
89 The Crime Continues
Geographical Method of No. Victim Age Job Forensic Report Location Torturing Alexandria When the security forces were trying to control a fight in ……… neighborhood, they have beaten, tortured and arrested the victim 34 Not 103 ………….. Alexandria unjustifiably, years working as he and the people of …….. submitted previously a complaint to Minister of Interior against the officers of …… police station. When the security forces were trying to control a fight in ……… neighborhood, they have beaten, severely tortured, destroyed the house contents 65 of and arrested 104 …………….. Alexandria Worker Not received year the victim unjustifiably, as he and the people of …….. submitted previously a complaint to Minister of Interior against the officers of …… police station.
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Geographical Method of No. Victim Age Job Forensic Report Location Torturing
When the security forces were trying to control a fight in ……… neighborhood, they have beaten, severely tortured, destroyed the house contents 45 Not of and arrested 105 …………….. Alexandria year working the victim unjustifiably, as he and the people of …….. submitted previously a complaint to Minister of Interior against the officers of …… police station.
When the security forces were trying to control a fight in ……… neighborhood, they have beaten, severely tortured, destroyed the house contents 34 of and arrested Wound under 106 …………….. Alexandria Worker year the victim the right eye. unjustifiably, as he and the people of …….. submitted previously a complaint to Minister of Interior against the officers of …… police station.
91 The Crime Continues
Geographical Method of No. Victim Age Job Forensic Report Location Torturing When the security forces were trying to control a fight in ……… neighborhood, they have beaten, severely tortured, Left knee 5 cm destroyed the width injury, house contents various bruises 29 of and arrested 107 …………….. Alexandria Unemployed in thighs, back, year the victim face, arms, unjustifiably, right forearm as he and the and nose. people of …….. submitted previously a complaint to Minister of Interior against the officers of …… police station. When the security forces were trying to control a fight in ……… neighborhood, they have beaten, severely tortured, destroyed the Contracting house contents 53 of and arrested No report 108 …………….. Alexandria Service year the victim available. Assistant unjustifiably, as he and the people of …….. submitted previously a complaint to Minister of Interior against the officers of …… police station.
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Geographical Method of No. Victim Age Job Forensic Report Location Torturing When the security forces were trying to control a fight in ……… neighborhood, they have beaten, severely tortured, destroyed the house contents 43 Not of and arrested 109 …………….. Alexandria year working the victim unjustifiably, as he and the people of …….. submitted previously a complaint to Minister of Interior against the officers of …… police station. When the security forces were trying to control a fight in ……… neighborhood, they have beaten, severely tortured, destroyed the house contents 17 Not of and arrested 110 …………….. Alexandria Not received year working the victim unjustifiably, as he and the people of …….. submitted previously a complaint to Minister of Interior against the officers of …… police station.
93 The Crime Continues
Geographical Method of No. Victim Age Job Forensic Report Location Torturing When the security forces were trying to control a fight in ……… neighborhood, Bruise like they have beaten, injuries severely tortured, caused by destroyed the house contents bruising rough 23 Not of and arrested rectangular 111 …………….. Alexandria year working the victim shaped unjustifiably, as he object(s), and the people of …….. submitted whether a previously a stick or similar complaint to objects. Minister of Interior against the officers of …… police station. When the security forces were trying to control a fight in ……… neighborhood, they have Bruise and beaten, severely bruise frictional tortured, injuries destroyed the caused by house contents bruising rough 26 Not of and arrested 112 …………… Alexandria rectangular years working the victim shaped unjustifiably, object(s) as he and the whether a people of …….. stick or similar submitted objects. previously a complaint to Minister of Interior against the officers of …… police station.
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Geographical Method of No. Victim Age Job Forensic Report Location Torturing When the security forces were trying to control a fight in ……… Various neighborhood, intersecting they have beaten, reddish violet severely tortured, bruises in the destroyed the back center house contents and sides, 26 Not of and arrested unsystematic 113 …………… Alexandria years working the victim bruise-like unjustifiably, as he frictional skin and the people of abrasions; all …….. submitted these injuries previously a are caused by complaint to hitting rough Minister of Interior object(s). against the officers of …… police station.
When the security forces were trying to control a fight in ……… neighborhood, they have beaten, severely tortured, destroyed the Owner house contents 45 of diving of and arrested 114 …………….. Alexandria Not received years tools the victim shop unjustifiably, as he and the people of …….. submitted previously a complaint to Minister of Interior against the officers of …… police station.
95 The Crime Continues
Geographical Method of No. Victim Age Job Forensic Report Location Torturing Unsystematic intersecting bruises An officer from including the ……… police right side station has of forehead beaten the and right ear victim, kicking accompanied him in chest by clotted 24 and back, bluish violet 115 …………….. Alexandria Painter years because of a blood in fight between eyelids, in the victim and addition to one of the bruise-like detectives, skin abrasions hence causing in knees; all him injuries. these injuries are caused by hitting rough object(s). When the security forces were trying to control a Industrial fight in ……… 28 116 ……………. Alexandria Secondary neighborhood, Not received years Certificate they attacked and destroyed all the contents of the victim house. 3 cm scratch in the right As a result shoulder and of refusing to another on the accompany one left shoulder, of …………… 3cm bruise on police station right shoulder, Driver 29 officers in his 4 cm bruise on 117 …………….. Alexandria and car years patrols, the neck, various owner officer took the scratches victim to the within left police station, forearm, the beaten, tortured biggest of and injured him. which is 5 cm, and a bruise in stomach.
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Geographical Method of No. Victim Age Job Forensic Report Location Torturing While being detained in ……… police station, the security forces The have beaten preliminary and tortured medical report 34 Taxi him, for the referred to two 118 ……………. Alexandria years owner victim submittal injuries under of complaint the left eye and against the signs of back station officers injuries. for beating and injuring him when being arrested.
While being detained in ……… police station, the security forces The have beaten preliminary and tortured medical report 38 him, for the referred to 119 …………….. Alexandria Turner years victim submittal injuries at the of complaint top part of the against the back and left station officers knee. for beating and injuring him when being arrested.
While being detained in ……… police station, the security forces The have beaten preliminary and tortured medical report 22 him, for the referred to 120 …………… Alexandria worker years victim submittal injuries in of complaint left hand, left against the shoulder, right station officers leg and head. for beating and injuring him when being arrested.
97 The Crime Continues
Geographical Method of No. Victim Age Job Forensic Report Location Torturing As a consequence of a fight, the security forces of ……… police station could not Owner arrest the fight 33 of car parties, who 121 ……………. Alexandria Not received years washing had fire arms, service so they arrested the victim, falsely accused him of fire arm acquisition, beaten, tortured and injured him.
On the background of arresting Not received; the victim, taking in Student for a false consideration 20 in 122 …………… Alexandria accusation, the that he is years Technical police forces epileptic and School beaten, tortured psychologically and dragged ill. him causing him injuries
On the background of being arrested red-handed It was noticed in a robbery that there are 19 Not incidence, the bruises in 123 …………… Alexandria years working police forces eyes, face and together with different body the surrounding parts. people beaten him up causing him injuries
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Geographical Method of No. Victim Age Job Forensic Report Location Torturing He was beaten up and tortured in ………….. police station, The final on the medical background of report is not 25 Car arresting people 124 ……………. Alexandria received yet. year Mechanic from ……….. However, the neighborhood. victim had an Beating and orchidectomy. torturing continued until causing bodily infirmity.
He was beaten and tortured 29 Lining 125 …………….. Alexandria when arresting Not received years worker him for drug accusation
He died in ……………. 52 Microbus 126 Alexandria ………. police Not received (deceased) years driver station. He is epileptic, suffering from continuous 20 Not 127 ……………. Alexandria attacks while Unavailable years working detained in ………… police station. Minia While sentence execution forces of ……….. police station were arresting the first victim Student ………, for There is a 22 128 ……………. Minia in Faculty sentence stitched injury years of Arts execution, they below the chin. assaulted and cruelly treated him, his brothers and mother, thus causing them injuries.
99 The Crime Continues
Geographical Method of No. Victim Age Job Forensic Report Location Torturing While sentence execution forces of ……….. police station were Numerous arresting his skin abrasions Employee brother ………, covered with 36 129 ……………. Minia in Railroad for sentence a soft reddish years Authority execution, they layer in the assaulted and left part of the cruelly treated back. him, his brothers and mother, thus causing them injuries. While sentence execution forces of ……….. police station were arresting his Incomplete brother ………, circled skin 33 Shop 130 …………….. Minia for sentence abrasion years owner execution, they covered with a assaulted and soft layer. cruelly treated him, his brothers and mother, thus causing them injuries. He was assaulted and tortured by extinguishing cigarettes in his hands and dragged, in the place allocated 32 131 …………… Minia Contractor for such actions Not received years (Fridge), by the Chief officer of …….. police station, for refusing to work as an informer for ………… police precinct.
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Geographical Method of No. Victim Age Job Forensic Report Location Torturing In view of the relationship It was clear between one that there are of the victim bruise-like enemies and an injuries in officer in ………. face and neck police station, caused by the officer hitting solid accompanied object(s) in the victim addition to 40 enemy and 132 …………… Minia Driver bruises and years assaulted and skin abrasions tortured the resulting from victim in front of contacting his neighbors. scratching Then, they object. Victim continued injuries may torturing him be caused in the police by assaulting station, thus using hands. causing him injuries. He was arrested and tortured in ……. police station to force A superficial 37 him on falsely injury was 133 ……………. Beni Suef Driver years confessing noticed in certain forehead. accusations, hence causing him injuries.
Chief officer of ………. police station broke unjustifiably 25 BA in into her house, 134 …………….. Minia Unavailable years Law arrested, beaten and tortured her brother by all means of torture in Station.
101 The Crime Continues
Geographical Method of No. Victim Age Job Forensic Report Location Torturing Officers of …….. police station broke into the victim house, 33 beaten and 135 ……………. Minia Mechanic Unavailable years humiliated him, without causing him injuries, for refusing to work as an informer. Beni Suef Policeman in ………. police precinct broke Employee into the victim 38 in house, beaten 136 …………. Beni Suef Not received years Electricity and took him Company to the precinct, where he continued the assault. He was tortured Industrial after arresting Severe shock, 38 137 …………. Beni Suef Secondary him, by putting esophagitis years Certificate him in a room and gastritis. under the fan. When arresting him for drug 27 138 …………. Beni Suef Student trafficking, he years was beaten up and tortured. It was noticed that there was When arresting a superficial 1 him for drug cm wound in 23 139 ………….. Beni Suef Ironsmith trafficking, he the right side of years was beaten up scalp, the right and tortured. shoulder and another on the back.
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Geographical Method of No. Victim Age Job Forensic Report Location Torturing 1. Violet stripped-like bruises on left and right parts of back, other unsystematic When arresting violet bruises him, an officer sexually on left hand 37 Not harassed him by 2. Stripped-like 140 …………….. Beni Suef years working putting a stick bruises on the on his anus, to right arm and sign on a certain left forearm minutes. 3. Skin abrasion surrounded with violet bruise covered with a brownish layer Fayoum Central Security Forces, while arresting a Died as a 21 fleeing suspect, 141 …………….. Fayoum Student result of a years randomly bullet in chest. opened fire, a bullet of which hit him in chest. While collecting signatures for supporting Dr. Mohammad Al Barad’y election 29 to presidency, 142 ……………. Fayoum Physiotherapist Unavailable years Chief officer of …….. police station assaulted and arrested him unjustifiably. When he was 24 Agricultural being arrested, 143 ……………. Fayoum Unavailable years worker he was cruelly treated.
103 The Crime Continues
Geographical Method of No. Victim Age Job Forensic Report Location Torturing Sharqiyah Accused of murder, he was 68 tortured when 144 …………….. Sharqiyah Ironsmith Not received years arresting him, thus causing him injuries. The victim was complained against for an attempted murder. When requested, the victim went to the 145 …………….. Sharqiyah Not received police station, where he was assaulted, beaten and whipped by the complainer in the police station. Ismailia The presence He was beaten up of linear skin 30 and tortured, while abrasions in the 146 …………….. Ismailia Unemployed years arresting him for back, wounds in drug trafficking. elbow and right leg. He was beaten, tortured and This caused a injured by an psychological officer and the illness to the 27 147 ……………… Ismailia Salesman officer father, victim, namely years for a problem in aphasia resulting an air-condition from the nervous apparatus, bought shock. through victim. He was beaten, dragged and Inspector tortured in ……. He was not 26 in Osman troop; because referred 148 ……………… Ismailia years Group some of the to medical Company Armed Forces examiner. Staff trespassed the victim land.
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Geographical Method of No. Victim Age Job Forensic Report Location Torturing When being arrested, he 35 was insulted, 149 ……………… Ismailia Not received years humiliated and beaten up by security forces.
Officers of …….. police station claimed that the victim is requested for attendance. When he arrived to the station, 23 Not the victim was 150 ……………… Ismailia Unavailable years working beaten up, insulted and humiliated. Afterwards, it was noticed that there is similarity in the names of the victim and the one requested.
While being in his mother house, he was surprised by policemen Bruises, entering the house injuries and 28 151 ……………… Ismailia Worker and arresting skin abrasions years his mother. They that may have have beaten occur recently. and humiliated him causing him injuries. While being Superficial in ……. police wounds were station to file noticed in thigh Worker a minutes, he upper part, 16 in the 152 …………….. Ismailia was beaten right and left years industrial and electrically arms; head area tortured, thus bruises and causing him knees skin injuries. abrasions.
105 The Crime Continues
Geographical Method of No. Victim Age Job Forensic Report Location Torturing While being Superficial in ……. police wounds were station to file noticed in right a minutes, he 23 and left knees, 153 ……………… Ismailia Ironsmith was beaten years nose, lips; and electrically back bruises tortured, thus and arms skin causing him abrasions. injuries. While being in ……. police Superficial station to file wounds were a minutes, he noticed in neck was beaten and hands; 20 154 ……………… Ismailia Tailor and tortured, severe bruises years by walking on in head, left his body while hand, right laying on floor, knee joint and thus causing testes pains. him injuries. When he went to ……. police The victim station to injuries signs inquire about were fading; his arrested there were brother, he was signs for 35 unexpectedly 155 …………….. Ismailia Painter various injuries years beaten and in the head, insulted by an that may have officer, who been caused took him inside by hitting solid the station object(s). and continued torturing him. When stopping him by Ismailia Bruise in the police station left eyelids, officers, one of subconjunctival the policemen hemorrhage, 32 Taxi slapped him, cornea oedema, 156 ……………… Ismailia years driver while he was right cheek sitting in his car, bleeding and eye and beaten him pupil respond on his hand, to light were thus causing noticed. him injuries.
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Geographical Method of No. Victim Age Job Forensic Report Location Torturing Suez While dispersing The preliminary demonstrations medical report in the 157 ……………… Suez Student stated that the governorate, the victim has been victim was shot shot dead. dead. He was injured during the Industrial 27 dispersing 158 ……………… Suez Secondary Not received years of Suez Certificate governorate demonstrations. He was injured Student in during the Institute of 25 dispersing 159 ……………… Suez Administrative Not received years of Suez Information governorate Systems demonstrations. The While dispersing Student preliminary demonstrations in Second medical report 20 in the stated that 160 ……………… Suez Year years governorate, the the reason Faculty of victim was shot of death is a Commerce dead. fire bullet in abdomen.
While dispersing The demonstrations preliminary medical report 30 in the 161 ……………… Suez Carpenter stated that years governorate, the the reason of victim was shot death is a fire dead. bullet. The While dispersing preliminary demonstrations Student in medical report 15 in the 162 …………….. Suez preparatory stated that years governorate, the stage the reason of victim was shot death is a fire dead. bullet. The While dispersing Student preliminary demonstrations in Second medical report 21 in the 163 ……………… Suez Year stated that years governorate, the Faculty of the reason of victim was shot Commerce death is a fire dead. bullet.
107 The Crime Continues
Geographical Method of No. Victim Age Job Forensic Report Location Torturing The While dispersing Student preliminary demonstrations in Second medical report 17 in the 164 ……………… Suez Year stated that years governorate, the Faculty of the reason of victim was shot Commerce death is a fire dead. bullet. He was injured while 43 Not 165 …………….. Suez dispersing Suez Not received years working Governorate demonstrations.
He was injured while 166 …………….. Suez dispersing Suez Not received Governorate demonstrations. He was Student in injured while 18 167 …………….. Suez Secondary dispersing Suez Not received years Stage Governorate demonstrations. The While dispersing preliminary demonstrations medical report in the 168 …………… Suez stated that governorate, the the reason of victim was shot death is a fire dead. bullet.
He was injured while 169 …………….. Suez dispersing Suez Not received Governorate demonstrations. Aswan While the victim …….. was searching for An entering newly growing hole under pastures, being umbilicus and 45 a shepherd, he exiting one 170 …………….. Aswan Shepherd years was overtaken from the right by the Border side were Guards, who noticed, with opened fire on heamaturea. him leading to his death.
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Geographical Method of No. Victim Age Job Forensic Report Location Torturing The victim died after arresting him in case …….., military misdemeanor, for gold excavation in a restricted military area. He was provisionally detained for 15 days. When he was taken to his place of detention in a car driven by a soldier, the car had an accident and 50 turned upside 171 …………….. Aswan Worker Not received years down in desert. The suspect was exposed to fractures and injuries and was transferred to ……. Military Hospital. After two days, he went out of hospital to the police station, after issuing a report stating the stability of his health case. However, he died after two days affected by his injuries and fractures.
109 The Crime Continues
Geographical Method of No. Victim Age Job Forensic Report Location Torturing Asuit The victim went to his work in …….. police precinct, where the Chief Officer accused him of stealing the precinct 35 172 ……………… Asuit Guard safe. He was Not received years unjustifiably detained for more than 24 hours and was tortured by beating, kicking and hanging him from his feet. South Sinai
A bullet entering hole was noticed in the chest upper right part, 12 cm above the nipple, and another existing The victim was hole was noticed shot in his chest, under the left shoulder from leading to his the upper back death immediately, side. Also, visual Working by two officers, affirmative signs as a body because of the of throwing and Sharm 26 pushing stiffness 173 ……………… guard in victim presence Sheikh years were found. Nose Pasha in a fight between hemorrhage Disco the security guards was observed working in ……… resulting and the ones from moving the corpse. working ……….. The reason Cafeteria. of death is a nervous shock, pnneumothorax, severe hemorrhage in thoracic cavity and cardiac arrest.
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Geographical Method of No. Victim Age Job Forensic Report Location Torturing Qena On 25/10, the victim went to …… police precinct to inquire about his arrested son in such precinct. A heated argument took place between the victim and an officer. As 58 174 ………….. Qena Driver a result, the Not received years officer slapped, rudely insulted and threatened the victim, and then the precinct officers started beating and slapping the victim under the pretext of his attempt to assault an officer. They broke into his house, 62 Agricultural assaulted him 175 …………… Qena Unavailable years worker and destroyed all his house contents. Luxor In the wake of some security forces from …………. police precinct chasing of A bruise under a suspect fleeing the right eye, from judicial skin abrasions sentences, they and scratches on 25 176 ……………. Luxor Student broke into the the face left side years victim house, and were observed when they were in addition to asked about the bruises on left reason for their and right legs. presence they assaulted the victim causing him injuries.
111 The Crime Continues
Geographical Method of No. Victim Age Job Forensic Report Location Torturing In the aftermath of a fight between the Linear skin victim and an abrasions Certificate of officer, when the in the right 36 Commercial victim pushed 177 …………….. Luxor upper arm years Technical the officer, the and superficial Institute officer poured wounds in the forth beatings left forearm. with a stick, hence causing him injuries. When the victim revealed Brain bruise, that a Central skull fracture, Security officer presence of a 23 Recruited 178 ……………… Luxor has usurped metal object years soldier an amount of under scalp, money, such an suspected to officer murdered be a bullet. him. Qaliyoubiah In a fight, taking place in the street, the victim was taken by someone pushing his wife and when he 28 179 ……………… Qaliyoubiah Engineer tried to defend Not received years her, an officer from ……. police precinct hit him with a sharp object on his eye, causing him injuries. Ddaqahliyah They were Ages ranging beaten and 180 …………….. Ddaqahliyah between Students tortured in Not received 20 and 25 years Mansoura University
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Geographical Method of No. Victim Age Job Forensic Report Location Torturing Officers of ………. police station has assaulted Working 25 the victim, for 181 …………….. Alexandria in Misr Not received years arresting him Hotel on a robbery accusation, causing him severe injuries. He was tortured to confess a 61 182 ……………… Alexandria Retired crime he did not Not received years commit, causing him injuries. Officers form Karmoz police station broke into her house 30 183 ……………… Alexandria Housewife and destroyed Unavailable years all her house contents and her daughter furniture. He was beaten and tortured by ……. police station officers 29 Not 184 ……………… Alexandria and falsely Not received years working accusing him of resisting and assaulting security forces. He was beaten and tortured by ……. police station officers 23 Clothes 185 …………….. Alexandria and falsely Not received years Seller accusing him of resisting and assaulting security forces.
113 The Crime Continues
Geographical Method of No. Victim Age Job Forensic Report Location Torturing She was personally inspected by ………… police station forces, 33 186 …………….. Alexandria Housewife and when she Unavailable years refused one of the officers told her (treat me as if I were your brother!) Suhag He was beaten, cruelly treated and all the contents of his butchery 187 ……………. Suhag Butcher Not received destroyed. Policemen also opened fire in the air, causing his injury. He died after hours of Final report is …………… 34 arresting him in 188 Suhag not received (deceased) years ………. police yet. precinct …….. center in Suhag. When the security forces were trying to …………… Recruited arrest the victim, Not received 189 Suhag (deceased) soldier they opened fire yet on him leading to his immediate death. Marsa Matrouh Marsa 190 …………… Matrouh He was tortured, while detained 191 …………… Qena Imprisoned in ………. public Not received prison and ……… prison
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Geographical Method of No. Victim Age Job Forensic Report Location Torturing The victim was taken by officers from ……… police precinct breaking into his house, destroying his house contents 192 ……………. Qena Driver Unavailable and scaring his children, under the pretext of searching for a dangerous criminal accused of killing a policeman
He was tortured, 193 …………….. Alexandria Imprisoned while detained Not received in …….. prison
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