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Three years prison sentence against the convicts of Emad El Kabeer's case
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6/11/2007
On Monday, November the 5th, 2006 El Giza Criminal Court pronounced its decision in case No.47686-2006, Bolak Criminal Court against Islam Nabeeh Abdel Salam ,investigator at Bolak El Dakrour police station, and Reda Fathy El Sayed, Police custodian at Bolak El Dakrour police station whom were accused of dishonoring, possessing torture's photos and detaining Mohammed Aly - known as "Emad El Kabeer"- without reasons.
The events related to this case refers to January 2005 when the above mentioned citizen was arrested by Bolak El Dakrour's investigation force following a controversy between him and one of the police guardian inside the police station; he was led to Bolak El Dakrour Divan where he was subjected to confinement and there was a concocting case of force resistance during his confinement period. He was subjected to assault, battery and dishonor by either Islam Nabeeh - officer - or Reda Fathy - police guardian - as follows :
- Undressing.
- Dishonoring (violating) by entering a stick inside his anus hole.
- Whipping in different places of body.
The issue exceeded and reached the point of taking photos of the torture process via mobile phone's camera and distributing these photos among theirs colleagues in the parking lot.
Immediately after this issue, the Egyptian Organization for Human Rights and other 11 law institutions submitted a report to Attorney General and the public prosecution took over the investigation and decided to submit the case to the criminal court which took the previous decision.
In regard of this EOHR dignifies the positive role played by the public prosecution in this case represented in confirming conviction evidences and summoning legal transgressors for questioning. EOHR hopes public prosecution to perform continuous inspections on police stations and confinement places and to confiscate tools which were used to torture.
EOHR confirms that these verdicts are not the greatest sanction for the perpetrators of torture crimes in Egypt and that the laws which have punished them are not suitable for whom being accused of performing these crimes. Therefore the punishment is not equal to the crime committed not only according to the victims' rights but according to human beings' rights as well. According to the International Criminal Court Treaty, torture came within crimes which were considered against humanity. Furthermore, EOHR calls the Government over again to amend the national legislation according to the UN Convention Agasint Torture, which was ratified by Egypt in 1986 and became valid duty in accordance to what the Egyptian Constitution stipulated in article 151. The Convention, in item 2/4 claims that:"Every Country has to make these crimes deserving a proportion punishment taking into consideration its dangerous nature ".In regard of this, EOHR repeats its calling for taking a quick step towards the law project of amending the rules of the Penal Code and criminal procedures according to The International Convention Against Torture.
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