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EOHR criticises the torture of Ayman Nour and demands his immediate release
31/1/2005
The Egyptian Organization for Human Rights (EOHR) strongly condemns the humiliating and inhumane treatment which Dr Ayman Nour, a member of the People's Assembly and President of the Ghad political party, was subjected to during his arrest and detention in the Public Funds Investigations office over the course of eight hours.
This treatment constitutes a violation of international human rights instruments, in particular the Convention Against Torture ratified by Egypt in 1986 which is part of Egyptian domestic legislation as stipulated by article 151 of the Egyptian Constitution.
EOHR urges the Egyptian authorities to release Nour immediately, in application of the law and constitutional provisions, and out of respect for human rights principles and values.
During public prosecution office investigations Nour stated:
I was arrested in front of the People's Assembly on the 29th January 2005 at 3.30 p.m. I was assaulted and thrown on the ground, and my trousers were pulled with such force that the buttons were ripped off. I was hit below my right eye and repeatedly punched in the back. I was searched three times and my mobile phone was seized.
After public prosecution office investigations with Nour ended he was taken to the Public Funds Investigations office and subjected to torture:
One of my hands was placed in iron handcuffs and the other shackled to a door frame which forced me to bend for a long period of time. I was also prevented from going to the lavatory for a long time.
The case began on the 29th January when Nour was arrested after his parliamentary immunity was lifted on the basis of a report by the anti forgery and falsification unit of the Public Funds Investigations office.
Parliament took the decision to lift Nour's immunity by a majority vote.
According to Nour, before this vote took place his office and home had been searched, which raises strong doubts about the legitimacy of the procedures taken.
EOHR equally condemns the arrest of Ayman Barakat, a lawyer and the administrative manager of Nour's office who has been charged with the same offences of forgery and falsification.
The public prosecution office ordered that the two men be held in custody for four days during the course of investigations.
During a renewal session convened on the 31st January 2005 the judge ordered that this detention be renewed for a further forty five days. EOHR is strongly concerned that this case will pave the way for further cases of individuals being held in custody without justification during the course of investigations.
The head of the Supreme State Security Office has made public the Nour's investigation and the charges laid against him, which are:
1. Falsification of a large number of citizens' signatures,
2. Presenting these falsified signatures to the Committee for Party Political Affairs in order to convince it of the popularity and public approval of the Ghad party.
EOHR equally condemns the protracted length of investigations carried out with Nour. These investigations began at 6.30 p.m. on the 29th January and ended at 1 a.m. the following morning. They commenced at 8 p.m. on the 30th and ended at 3 a.m. the following day.
A large number of lawyers and human rights activists were present during these investigations. They raised the following defences:
1. The party representative is not responsible for official signatures. The Cassation Court has previously stated that "the representative has no control over the signatures presented to him."
2. There is no justification for the Ghad leader's being held in custody; Nour is a public figure and there is no risk that he will attempt to flee.
3. The Committee fro Party Political Affairs and the Shura Council are responsible for these signatures since they have been in their possession since the Ghad party was officially approved. It is one of the Committee's duties to examine documents presented by a party seeking official registration, make public the names of its founders in the press and conduct any investigations necessary with the aid of official bodies. In doing so it allows individuals who object to any of the names published to present a complaint to the body concerned (article 8(5) of Law 40 [1977]).
4. The decision to lift Nour's immunity contravenes the internal regulations of the People's Assembly, since the events described were carried out within 24 hours. Investigations into the charges laid against him were only carried in the public prosecution office after his arrest.
EOHR restates that Nour must be released immediately given that his release will not impede investigations into the case. It also calls for an immediate investigation into the acts of torture which Nour was subjected to
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