The Crime Continues
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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 3 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”. 5 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. 7 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 25 June 1986.