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26/7/2001
A message to the Lawyer's Syndicate Council:
'Members of the council should refrain from defending torture perpetrators'
Ever since its establishment, the Association for Human Rights Legal Aid (AHRLA) has persistently brought human rights issues to the attention of those concerned,
firmly believing in working together to create a unified front, essential for providing protection against the abuses that occur. AHRLA has made great efforts in opposing torture in Egypt, in particular that which occurs inside police stations. One of the Association's most important tools in this campaign has been appealing to all those concerned, especially lawyers, given their essential role in confronting the practice of torture in Egypt. AHRLA acknowledges this position as resulting from deep moral convictions and high professional ethics.
Today, as part of the legal actions being brought against those responsible for practicing torture (that in many cases leads to the death of the victims) inside police stations, AHRLA was shocked by a number of events that can only shed doubt and incredulity on those considered by the Association to be the first line of defense and an essential support to the human rights movement, not only in Egypt, but throughout the entire Arab world. The most blatant of these being:
1) Mr. Mahmoud El Saka, member of the Lawyer's syndicate council, acted as defense lawyer for officer "Omar Gaber" accused of torturing and burning a citizen to death in the 'Snoress' police station. The said officer has been incriminated in the previous torture of thirteen citizens in 1999.
2) Mr. Mohamed Riyad, Head of the Lawyer's syndicate in Al Fayoum, was also a lawyer in the defense of the previously mentioned officer in that same case.
3)Gamal Soweed, of the Committee for freedoms within the Lawyer's syndicate, acted as defense lawyer in the case of officer "Khaled Shalaby", accused of killing the citizen "Farid Shawky".
4) Finally, Sameh Ashour, Head of the Lawyer's syndicate, acted as lawyer in the defense of officer Mohamed Abdel Badee' Wafaa, accused of torturing and killing citizen Ahmed Imam Abdel Naeem in the Agouza police station.
What can all this mean? And what should AHRLA's response be, when we find that our main opponents in cases that degrade the dignity of Egyptian citizens are the very lawyers who are responsible for defending their rights and freedoms, and confronting all forms of torture, abuse and degrading treatment.
Is it possible to draw a line between the jurisdiction of these people of authority, as on the one hand defenders of the rights of citizens in some instances, and their role as lawyers on the other - a profession which entails in some instances accepting to defend those who have proven records of torture that has led to death?
If one of the essential components of Egyptian civil society, the Lawyer's syndicate, begins defending the wrongs carried out by the authorities, to whom will Egyptian citizens turn to when their rights are being violated?
AHRLA would like to emphasize its belief in a guaranteed defense for any accused person through a just legal trial, on the grounds that any accused is 'innocent until proven guilty'. However the Association believes that in the case of officers which have proven records of torture and killing, the defense should not be led by lawyers who are members of the Lawyer's syndicate Council, as the latter - unlike all other professional syndicates who are principally concerned with looking out for the interests of its members - bears the responsibility of defending the rights of the entire population.
AHRLA calls upon the members of the Lawyer's syndicate council to refrain from defending such criminal killers, and to remain, as they have a history of being, an essential defender of the dignity of this country.
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