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EOHR Calls for Appealing the Ruling on the
Case of Torturing a Citizen to Death
August 18, 2003
On August 14, 2003, the Egyptian Organization for Human Rights (EOHR) submitted a memorandum, under No. 132/grievances, to the Attorney General of the prosecutions of the West of Alexandria. Such memorandum called for appealing the ruling dated June 21, 2003 passed on Case No. 11388 of 2002 Al Gomrok Misdemeanor constituency, sentencing two officers to a 3-month-imprisonment (to be suspended). The said officers are Hossam Hassan Abul Ma'ali and Yasser Hussein Yousri, and were charged with torturing Medhat Fahmi Ibrahim to death at Al Gomrok police station on March 9, 2002.
In its memorandum, EOHR deemed the ruling as contrary to the law. Such ruling did not heed the evidences as per the witnesses and the report of the forensic medicine, which evidences prove that the victim was subjected to torture.
The reason why EOHR considered the passed ruling as unsuitable to the crime, is that the defendants were referred to trial for being charged with breaking into a house without a permission from the Prosecution and contrary to the landlord's will and ruining the contents of the household.
They were trialed as per Articles No. 128, 129, 361/1 and 2 of the Penal Code. EOHR called for amending the framing of the charge and for punishing the defendants as per the provision of Article No. 126 of the Penal Code which states that:
"Every official or public employee who orders a defendant be tortured or directly torture such defendant with a view to forcing the defendant to confess, shall be punished with hard labor or be imprisoned for a period ranging from 3 to 10 years.
In case the victim dies, the punishment set for pre-medidated murder shall be implemented."
In its memorandum, EOHR emphasized that the crime of torture is evident in this case. Three facts are evident in such case:
- First: The defendant was subjected to physical and psychological torture.
- Second: Torture was practiced by a public official.
- Third: The aim behind torture is to force the defendant to confess.
Hence, according to the provision of the law, the two defendants should be punished as per Article No. 126
EOHR, regretfully, declares that many of the rulings passed in cases of torture do not suit the horrible nature of the crime as the defendants are often punished under Article No. 129. Under such Article, the crime of torture is reduced to ill-treatment. Consequently, the defined punishment for such offence is imprisonment to a period not exceeding one year or a fine not exceeding 200 LE.
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