|
7 years intensive imprisonment with dismissal for defendants
in the case of torture at Telbana village – Dakahlia governorate
|
29/11/2007
on Tuesday 27th Nov 2007 El Mansoura criminal court pronounced its decision in case No. 12356-2007 El Mansoura Criminal ,against Mohamed Mahmoud Mo’aud, investigator assistant at El Mansoura police station and Ahmed Abdel Azim Aly and Yasser El Mekawy Islam ,detectives and Sherif Saad , Guard Duty. The court sentenced 7 years intensive imprisonment against both of officer and detectives and 3 years against the guard with the dismissal from their work . This decision was taken against these defendant as they were charged with torturing Nasr Ahmed Abdel Allah, citizen, until death . The decision was taken according to Articles 40 -213-214-236/1-282/2 of criminal Law and Articles 1/1 ,25 /1 of Law 294/1954 modified by Law No.165/1981.
Incidents return to 31/7/2007 when Nasr Ahmed Abdel Allah ,citizen at Telbana village – El Mansoura center ,surprised by police force consists of one officer and one detective and two other security individual burst into the house of his brother and beat and insult his sister in law and five daughters .when the mentioned man asked the force about the reason of this aggression and when they knew that he is the brother of the man they are searching for, he was beaten and insulted . the crime was beaten on his head by the officer’s pistol and being crashed with the walls many times . The man was tied and beaten by other security individual till faint and was pulled to the microbus and accompanied to the police station .After two hours ,some of lawyers went to ask about him but investigator chief denied his existence until they found him under the office of one of the investigator officer struggling death .Attempts were made by lawyers to awake him but they failed . lawyers transferred him to the hospital where he died after one hour as a result of brain bleeding .
Public prosecution started its investigation according to report No. 7803 2007 . it informed the forensic medicine to autopsy the corpse . the report of forensic medicine stated that there are a severe injuries in the left part of head that lead to brain bleeding and blood bleeding in the core and surface of the brain lead to making such a pressure on the vital areas of the brain and death .the case was submitted to El Mansoura criminal court that issued its previous decision.
In this connection, EOHR confirms that these decisions are the great punishments to the torture perpetrators in Egypt . EOHR finds that these kind of laws which punish for torture are not providing a deterrent punishment against those whom accused of committing such cases , so the penalty is not proportioned with the crime committed not only in the right of victims but in the right of human being as well . Torture became a crime against human being according to the International Criminal Court treaty , so EOHR calls government for amending national legislations in accordance with UN Convention Against Torture which was ratified by Egypt in 1986 and became enforceable according to what Egyptian Constitution stated in Articles 151 which stipulated in Article 4/2 that “Each state shall make this crime punishable with appropriate penalties taking into consideration its dangerous nature” . EOHR recalls for taking a quick decision on the draft presented to Egyptian parliament in 2002 concerning amending the rules of penal and criminal laws in proportion with UN Convention Against Torture .
|
|
