Annual Report of The National Council for Human Rights

Cont. - Chapter Four

NCHR's Activities

Enhancement of Basic Rights and General Freedoms:

A meeting was convened with the Minister of Interior on August 3, 2004, regarding the NCHR's engagements and the enhancement of the policies concerning the protection of human rights.

The NCHR agreed to coordinate its efforts with the national project for sustaining capabilities in the domain of human rights. This project is aimed at qualifying law enforcement personnel as well as competent sectors. This project is being implemented by the Ministries of the Interior, Justice and Information, in addition to the Public Prosecutor's Office, with the support of the UNDP and the Office of the High Commissioner for Human Rights.

The NCHR has also reached a preliminary agreement with the Minister of Interior and the Public Prosecutor to establish a joint committee to review the conditions inside prisons and the legislative framework therefore as well as to improve the treatment of prisoners and detainees. The agreement includes appointing two members to the committee to review the recommendations and specific reforms declared by the Ministry and the Public Prosecutor's Office and to follow up the execution thereof.

As a positive initiative to cooperate with the NCHR, the MoI, on January 4, 2005, released 51 prisoners whose names had been included on a detailed list submitted by the NCHR. The Ministry also promised to review the other cases and reassess each case individually. The Ministry will also inform the NCHR of the procedures carried out.

The NCHR recommends to expedite the study of the prisoners' conditions in light of the Emergency Law in order to issue their release, with the exception of those who pose a real threat to national security until the Emergency Law is no longer enforced. Such exceptions shall be only in crucial circumstances and in accordance with specific and objective standards.

The continuous imprisonment of large numbers of prisoners for long periods, which, after being repeatedly extended, have exceeded ten years, represents a blatant violation of judicial legitimacy, which could, in turn, create a new focal point of instability and tension. National interest calls for terminating this state of affairs promptly. Furthermore, this matter could damage Egypt's image before the entire world especially before human rights organizations.

On 13 October, a visit to Tora Prison in a series of such visits was paid by four of the NCHR's members, who were adequately aware of prison rehabilitation issues, i.e.: the NCHR's Deputy Chairman, Dr. Ahmed Kamal Abul-Magd, Secretary of the Committee for Civil and Political Rights, Mr. Mohamed Fa'ek, Dr. Osama El-Ghazaly Harb, and Secretary of the Committee for Complaints, Mr. Hafez Abu Seda. They carried out an extensive tour of to the prisoners' cells, the services available, the production centers where the prisoners work, the special clinics, as well as the visiting areas.

The members of the NCHR met separately with a large number of prisoners as well as those in temporary custody and spoke with them in private and asked if they had any complaints regarding the prison.

The delegation expressed pleasure that flogging is no longer a permissible punishment in prisons and that wired barriers have been removed from the visiting areas. It was also pleased with the conditional release issue. However, there are some lingering complaints regarding temporary detention and its extended time periods as well as some problems regarding procedures concerning criminal acts which will be studied by the NCHR and its sub-committees.

During the visit to Tora Prison, a number of prisoners informed the NCHR's delegation that the treatment of prisoners has noticeably improved recently.

On the other hand, these visits may not be sufficient to issue a general and accurate assessment regarding the conditions of other prisons. The NCHR will therefore conduct more visits to most of the other prisons during its second year so that it may reach more sustainable recommendations.

Regarding the death of some prisoners and temporary detainees during their transfer to prisons and various other locations , the NCHR stated that it feared the recurrence of such incidents and requested the MOI to reconsider the methods adopted in this regard to guarantee the safety of those in custody.

The NCHR also stated that imprisonment in particular, in spite of its legality, should remain a last resort. It also added that the wide use of this procedure does not comply with the spirit of judicial legitimacy.

On another plane, the NCHR denounced the assault on the journalist and writer, Dr. Abdel Haleem Kandil, and requested that security forces promptly identify and capture the assailants so that they may be tried, thus demonstrating the keenness of the State and of society on protecting the freedom of speech and on guaranteeing the safety of journalists and writers.

The NCHR has listened to the statement made by Mr. Galal Aref, Chief of the Press Syndicate, and a member of the NCHR, regarding the assault on Dr. Kandil. The NCHR has decided to continue communicating with the competent authorities to assure the progress of investigations and to follow up on their findings.

Enhancement of Common Freedoms:

The NCHR invited the Minister of State for Shoura Council Affairs and Secretary of the Vocational Committee under the National Party, Dr. Mofeed Shehab to discuss the amendment to Vocational Syndicates Law No. 100 for 1993.

The discussion included the NCHR's views regarding the new law and its proposed amendments enhancing the role of vocational syndicates in providing services to their members to include their families in case of a member's death or retirement; continuously extending and increasing financial care, healthcare, and services; asserting the syndicate's principles of jurisdiction with regard to membership registers, prohibiting both the interference therewith and the enrolment of any member thereon without a final court order; the syndicate's restricted jurisdiction to impeach its members.

This is in addition to other effective proposals regarding elections and general assemblies pursuant to the viewpoints held by all vocational syndicates concerned with the excellent representation of their the general assembly members at board of directors meetings.

With regard to the case of Dr. Ayman Nour, a member of the People's Assembly and Chairman of El-Ghad (Opposition) Party (previously discussed), the NCHR set up a committee including the NCHR Deputy Chairman, Dr. Ahmed Kamal Abul-Magd, Mr. Mohamed Fa'ek, and Counsellor Adel Koura. This committee met with the Public Prosecutor, the MOI and the MOJ. It also met with Dr. Nour during his confinement in order to ensure the soundness of the procedures taken.

The committee reached the following conclusions, which have been officially declared to the public:

First: The NCHR has confidence in the integrity of the Egyptian judicial system and its impartiality. It thereby expresses its confidence that the charges filed against Dr. Ayman Nour are now in the hands of rightful justice.

Second: In light of Dr. Ayman Nour's point about the circumstances regarding his arrest and the unnecessary rough treatment he received in the process, the NCHR reiterates the importance of all State authorities maintaining the dignity and the due humane treatment of every citizen. Furthermore, non-compliance with such treatment has instigated rumours about Dr. Nour's arrest being politically motivated.

Third: In this light, the NCHR believes that current circumstances now call for prompt legislative intervention, which includes, inter alia, that the period of such detention may not exceed 15 days, to be extended, if necessary, to a maximum period determined by the legislator.

Fourth: The NCHR calls for finalizing the investigation concerning the allegations against Dr. Ayman Nour as soon as possible so that his release may be contemplated.