Insistence on detaining the ill is a crime against humanity, Al-Shater, Abd Al-Ghany, Elewa and Al-Qatari are an example
|Thursday, March 25,2010 09:18|
How can immobile people be a threat to public?
The ’s insistence on detaining ill people is a crime against humanity
International covenants and conventions have repeatedly stressed the right of detainees to be treated with human dignity and without discrimination
These conventions have committed countries to include guarantees of the wellbeing of the detainees by providing them with the necessary health care which is associated with their right to live.
Unfortunately ill detainees are brought before the Prosecution which orders their renewed detention despite medical reports asserting the gravity of their case. In some instances prosecutors travel to hospitals to interrogate the ill defendants where they order their extended detention.
When we refer to the rights, guarantees, laws, regulations and conventions we realize that there is a difference between the existence and implementing of the law.
There is no justification of the continued detention of critically ill detainees including:
Eng. Khayrat al-Shater who is currently serving a 7 year prison sentence issued by a suffers from, heart problems, diabetes, hypertension, asthma, thyroid problems and a
Ghani detained pending investigations in state security case No.202 suffers from a weak heart which has a 36% performance rate Abdel
Dr. Mohamed Sad Elewa detained pending investigations in state security case No.202 suffers from heart problems following a heart attack, gastric ulcer and gastric reflux disorder
Dr. Adel Abdel Aziz al-Qatari detained pending investigations in state security case No.202 suffers from hepatitis B and C, a slipped disc, eye afflictions, and has had gall-bladder and appendix removed.
Article 40 of the Egyptian Code of Criminal Procedures provides that:
No one should be arrested or imprisoned without an order from competent authorities, his dignity should be preserved and there must be no physical or psychological abuse
The presidential decree in law No. 396 of 1956 regarding prisons stresses the right to appropriate and detainees
Article 36 of law No. 396 of 1956 provides that in the case of any critically ill detainee must be considered for release. His release order should be approved by the prisons General Director and the Attorney General and the competent administration and prosecution shall be notified.
Article 37 of the same law stressed that the prison's administration must inform the administrative authority to notify family and grant them visitation rights
Article 25 of the Universal Declaration for Human Rights provides that “every person has the right to adequate living standards with guaranteed healthcare with the necessary food, clothing, medical care, and social services”.
The International Covenant on Civil and Political Rights, Article 9 provides that:
1. Everyone has the right to live freely. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except in accordance with procedures as established by law.
2. Any individual who is arrested shall be promptly informed of any charges indicted against him.
3. Any individual arrested or detained on a criminal charge shall be brought promptly before a judge or authorized official by law to exercise judicial power and shall be entitled to trial within a reasonable time It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgment.
4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that the court may decide without delay on the legality of his detention and order his release if the detention is not lawful.
5. Anyone who has been the victim of unlawful arrest or detention shall have the right to compensation.
The Egyptian government had endorsed the international conventions and treaties which oblige it to safeguard the life of prisoners and detainees against any harm.
However Mr. Akram Al- Zohayry's death in July 9, 2004 and Mr. Tarek Ghannam in May 6, 2005 was due to health problems suffered during their detention demonstrating extreme negligence
We demand the Egyptian government to release each of Eng. Khayrat al-Shater, Dr. Mohamed Abdel Ghani, Dr. Mohamed Saad Elewa and Mr. Adel el-Qatari. We warn in the occurrence of any deaths while in detention to any of the above mentioned detainees due to neglecting health conditions will be considered manslaughter.
We call on all human rights organizations and committees of freedom of opinion and expression to impose pressures on the Egyptian government and the Ministry of Interior to release these detainees on health grounds as they are innocent prisoners of conscience who are illegally detained.