Torture and ill-treatment suffered by Mr. Bahaa Saber by police officers

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in Egypt.

Brief description of the situation

The International Secretariat of OMCT has been informed by a reliable source and Antenna International, a member organisation of the SOS-Torture Network, about the allegations of torture and ill-treatment suffered by Mr. Bahaa Saber by intelligence officers from the Boulaq Abu El Ela and the Azbakeyya police stations.

According to the information received, on 13 April 2010, Mr. Bahaa Saber participated in a demonstration organised by the Kefaya movement in front of the office of the Public Prosecutor at the High Court, to denounce the excessive violence used against the participants of the demonstration held earlier on 6 April 2010, in front of the Shura Council, which called for the lifting of the State of Emergency and democratic constitutional amendments.

When Mr. Bahaa Saber joined the demonstration from outside the police cordon, he was reportedly surrounded by several men in uniform and in plain clothes, allegedly officers from the Boulaq Abu El Ela and the Azbakeyya police stations. They dragged him down the street, beat him, stripped off his clothes and pulled him into a taxi cab. In the taxi cab, he was allegedly blindfolded, handcuffed, beaten and hit with his own shoe in the face.

According to the same information, Mr. Bahaa Saber was then taken to Boulaq police station, where he was allegedly completely stripped off his clothes, sexually and verbally harassed, humiliated and beaten, while his arms were constantly being pulled up. He was also forced to lie facedown on the floor. Mr. Bahaa Saber reportedly saw that some officers were taking pictures and recording the scene. At around 8 pm, one of the officers took off his blindfold and allegedly said to him: “So that you can see me, show me what you can do!” Mr. Bahaa Saber was later allowed to take a shower. He also received new clothes before being transferred to the Azbakeyya prosecution department, where he was eventually allowed to see his lawyers.

On 14 April 2010, at around 1 am, at the request of Mr. Bahaa Saber’s lawyers, a doctor from the independent Egyptian NGO El Nadim Center for the Management and Rehabilitation of victims of violence examined Mr. Bahaa Saber. The examination took place in an interrogation room in front of four prosecutors, three lawyers and a registrar. The doctor reportedly found Mr. Bahaa Saber badly injured, with a swollen and bruised face as well as a cut wound on his left cheek. His arms bore signs of contusions and he could not move a finger from his left hand. The doctor recommended transferring him to a hospital for X-rays and a full examination. The doctor also recommended that Mr. Bahaa Saber be given antibiotics to prevent any infection. An hour later, Mr. Bahaa Saber was transferred to the Egyptian Red Crescent Hospital, where he was prescribed some medication. During his examination, he was reportedly surrounded by more than a dozen guards but his lawyers were not allowed to accompany him.

According to the same information received, later on 14 April 2010, Mr. Bahaa Saber was interrogated by the North Cairo Public Attorney, who at first refused to refer him to forensic examination without giving any plausible reason, while extending Mr. Bahaa Saber’s detention period to four additional days.

On 15 April 2010, Mr. Bahaa Saber was again reportedly interrogated at the Azbakeyya prosecution department, in the absence of his lawyers, following which his detention was a second time extended for 15 days. His lawyers appealed the decision before the Abaseyya Court, which ordered his release on a bail amount of 5000 LE (USD 904,519). Mr. Bahaa Saber reportedly remains under further investigation for “insulting officers” and “blocking the traffic”. On his release from detention, he was taken by his lawyers and a doctor from El Nadim Center to the Cairo University Hospital for examination and subsequent treatment. He was diagnosed with a subconjunctival haemorrhage.

According to the same information received, Mr. Bahaa Saber lodged a complaint for the torture and ill-treatment suffered. It is reported that the prosecutor interrogated the head of the Azbakeyya police station about the abovementioned alleged facts. As of issuing this urgent appeal, no further information had been received as to the current status of the investigation.

OMCT is gravely concerned about the alleged facts and recalls that Egypt is a State party to the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights (ICCPR), which both prohibit torture and ill-treatment.

In line with their obligations under these treaties, it is incumbent on the competent authorities to consider seriously any allegations of torture and ill-treatment, and to undertake a prompt, effective, thorough, independent and impartial investigation in this regard in order to identify all those responsible, bring them to trial and apply adequate sanctions. Article 11 of the Convention against Torture further stipulates that “each State Party shall keep under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventing any cases of torture”.

Finally, OMCT recalls that the victims of torture and ill-treatment must be ensured the right to an effective remedy for the human rights violations suffered as well as the right to full redress, including compensation and rehabilitation.

Action requested

Please write to the authorities in Egypt urging them to:

1. Take all necessary measures to guarantee the physical and psychological integrity of Mr. Bahaa Saber;
2. Carry out a prompt, effective, thorough, independent and impartial investigation into the abovementioned facts, in particular the allegations of torture and ill-treatment, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
3. Drop the charges against Mr. Bahaa Saber in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, bring him promptly before an impartial, independent and competent tribunal and guarantee his procedural rights at all times;
4. Ensure that an effective remedy as well as the right to full redress, including compensation and rehabilitation, is granted to Mr. Bahaa Saber;
5. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with international human rights standards.

Addresses

• President of the Republic, Muhammad Hosni Mubarak, Fax: +202 390 1998, E-mail: webmaster@presidency.gov.eg;
• Egyptian Public Prosecutor, Counsellor Abdel Meguid Mahmoud Abdel Meguid, Dar al Qadha al-'Ali, Ramses Street, Cairo, Egypt, Fax: + 20 2 2577 4716;
• Minster of Interior, Minister Habib Ibrahim El Adly, 25 Al-Sheikh Rihan Street, Bab al-Louk, Cairo, Egypt, Fax: +20 22 796 0682 Email: center@iscmi.gov.eg or moi@idsc.gov.eg;
• National Council for Human Rights, Ambassador Mokhless Kotb, Secretary General, 1113 Corniche El Nil, Midane Al Tahrir, Specialized National Councils Building – 11th floor, NDP Building, Cairo, Egypt, Fax: +2022 574 7497, Email: nchr@nchr.org.eg.
• Permanent Mission of Egypt to the United Nations in Geneva, H.E. Mr. Hisham Badr, Avenue Blanc 49, 1202 Geneva, Fax: +41 22 738 44 15, Email: mission.egypt@ties.itu.int

Please also write to the embassies of Egypt in your respective country.

Geneva, 22 April 2010

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.