Cairo 19/12/2002
Press Release
Policeman sentenced to imprisonment for
beating citizen to death in El Omranya Police Station- Egypt
EOHR welcomes the
decision of the El Giza Criminal Court to sentence Lieutenant Arafa
Hamza Mansour (the former head of the investigation Unit of El Omranya
Police Station) to one year imprisonment with hard labor for beating
to death citizen Ahmed Mahmoud Muhamed Tamam in 1999 (Case No.1919 of
2002). Lieutenant Mansour was also ordered to pay LE 2001 civil
compensation to the claimants. The decision comes as a series of
verdicts are being issued against Egyptian policemen accused of
torture.
Tamam was arrested
in 19 July 1999 due to an alleged report of assault made against him.
During detention at El Omranya police station he was beaten and
tortured. The next day, Tamam was referred to the prosecution where he
was released. Despite this, he remained in detention and was again
tortured. Tamam died whilst being transferred to El Giza Security
Directorate on 21 July 1999. The forensic report (No. 435/99 dated 28
September 1999) stated that the victim’s genitals had been
electrocuted.
The defendant’s
trial began on 12 October 2002. EOHR monitored the case and attended
the court sessions. EOHR welcomes the verdicts of Egyptian courts
against policemen accused of torture. However, the relevant law
(Article 126 of the Penal Code) remains insufficient to fully protect
individuals from the violence of public officials. For example, this
article only punishes torture committed in order to obtain a
confession. Due to this narrow definition of torture, the death of
Tamam was considered a case of beatings which led to death, rather
than ‘torture’ and the perpetrator obtained a lesser penalty than that
contained in Article 126.
Accordingly, EOHR calls for the
broadening of the definition of torture in Article 126 of the Penal
Code to conform with the UN Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment, to which Egypt is a party. Such
reform would capture acts of torture (mental or physical) inflicted by
public officials whether or not committed in order to obtain a
confession. |