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Press release
Cairo: 9/10/2003
Together against the enforcement of Emergency
Law
Political Detention: Closed Door Policy
Criminal Detention: Revolving Door Policy
EOHR Report about the phenomena of Arbitrary
Detention under Emergency Law
The Egyptian Organization for Human Rights (EOHR)
issues today its report on arbitrary detention entitled: “Political
Detention: Closed Door Policy, Criminal Detention: Revolving Door
Policy”. Such report comes within the framework of the EOHR campaign
to abolish the Emergency Law which is enforced in Egypt. Arbitrary
detention in all its forms, particularly “administrative detention”,
is one of the grave threats to the right to freedom and personal
safety. Moreover, arbitrary detention is one of the most frequent
violations of human rights not only due to the imposition of the state
of emergency, but also the arbitrary enforcement of the Emergency Law
by the executive authorities.
The report is divided
into four parts tackling the phenomenon of arbitrary detention. In
part one, a review of the arbitrary detention and the emergency state
is conducted in the light of the international instruments concerned
with human rights. It also tackles the cases in which detention is
deemed arbitrary, and the rules governing the imposition of the state
of emergency – when necessary and as an exceptional action.
In part two, a review
is conducted on arbitrary detention in Egypt. This part illustrates
that there are thousands of political detainees who were arbitrarily
detained under the Emergency Law which has turned into a governmental
mechanism rather than an exceptional action. EOHR describes such kind
of arbitrary detention as the policy of the closed door as it became a
well established fact that the emergency authority does not heed any
judicial rulings acquitting political detainees. Criminal detention is
described as the policy of the revolving door as the detainee
undergoes a vicious circle of detention and acquittal.
In part three, a
review is conducted on other violations related to arbitrary detention
which the detainees systematically undergo inside prisons and places
of detention. It also tackles the impacts of detention on the families
of the detainees particularly, women and children. Among such impacts
are: the deteriorating conditions of living of the families of the
detainees, the women-provided families as women have to work in
non-official places, children’s drop out of schools and the phenomenon
of child labor.
In part four, EOHR
makes some recommendations on top of which is calling for abolishing
the Emergency Law, implementing judicial rulings for the good of the
detainees and compensating detainees for all the tort they have
undergone.
Attached to the report
are a table of the names of some of the political detainees who were
judicially acquitted and another table with the names of some of the
criminal detainees.
By issuing this
report, EOHR continues revealing the grave consequences of the
continuing enforcement of the Emergency Law affecting thousands of
victims and their families. Furthermore, it clarifies that arbitrary
detention is closely related to other forms of violation surpassing
the limitations of civil and political rights. Such violations affect
economic and social rights and the rights of women and children of the
families of the detainees. Hence, EOHR aims that this report would
contribute in enhancing the efforts aiming at abolishing the Emergency
Law and implementing the state law.
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