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    Torture in Egypt - an unchecked phenomenon


    29/5/2004
    The Egyptian Organization for Human Rights (EOHR) today issues its twelfth report on torture in Egyptian police stations and detention centres. Torture in Egypt - an unchecked phenomenon describes 42 torture cases monitored by EOHR between April 2003 - April 2004. In 16 cases the victim involved died - EOHR strongly suspects that these deaths were caused by the torture or mistreatment received. Since its founding in 1985, EOHR has noted that torture has become increasingly widespread. In this context the report analyses and assesses the extent of torture in Egypt through statistics gathered between 1993 and April 2004. These statistics reveal that torture, in various and different forms, has reached alarming proportions in Egypt, is present in nearly all the Egyptian governorates and affects all social classes.

    The report comprises four sections:
    Section one describes the extent of torture in Egypt and details 42 torture cases recorded by the EOHR Fieldwork Unit, including 16 cases in which EOHR suspects that the death of the victim was a result of torture or mistreatment.

    This section also presents an analysis of torture in Egypt between 1993 - April 2004. During this period EOHR recorded 412 torture cases, 120 of which resulted in the death of the victim as a result of what EOHR suspects to be torture or mistreatment.

    The Government began prosecuting perpetrators of torture in 2000. However, those found guilty can only be given light sentences because of shortcomings in Egyptian legislation that render it unable to counter torture effectively.

    Section two considers possible explanations for the upsurge in incidences of torture in Egypt. It examines the legal, practical and security factors that in one way or another contribute to forming an environment in which torture flourishes, whether through legislative shortcomings or the connivance of some state security bodies. In this regard the State of Emergency (continuously in force since 1981) Articles 126, 129 and 282 of the Penal Code and Articles 62 and 232 of the Criminal Procedures Code are the primary offenders.

    Section three describes EOHR's efforts to fight torture and raise public awareness of it such as the draft law for the amendment of legislative provisions concerned with torture in the Penal Code and Criminal Procedures Law which EOHR presented to the Peoples' Assembly.

    Section four presents recommendations. The most important of these are perhaps the crucial necessity of Egypt's ratification of Articles 21 and 22 of the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment (CAT) and the amendment of Article 126 of the Penal Code to bring it in line with CAT. Individuals must also be given the right to bring cases directly before criminal courts in cases concerning attacks on personal liberty and deprivation of life, or crimes described in Article 126 of the Penal Code. This Article punishes those who use torture in order to extract a confession from suspects. Equally civilians must be empowered to bring prosecutions under Articles 280 and 282 which legislates against illegal arrest.

    Torture - an unchecked phenomenon forms part of EOHR's continuing campaign against torture in Egypt. As part of this campaign EOHR lobbies for the prosecution of the perpetrators of torture, an improvement in the treatment of civilians and respect for their rights in police stations and detention centres. EOHR urges the Egyptian Government to take serious and prompt legislative and practical measures to stop torture in accordance with the Egyptian Constitution and other international human rights instruments (such as the International Covenant on Civil and Political Rights and CAT) which guarantee the physical and mental well being of detainees.


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