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A Partial and Interim Victory in Fighting against Torture

After 8 Years, Alexandria Criminal Court issues ruling in Goma’s Case

AHRLA decides to appeal the sentence

          After 8 years, Alexandria Criminal Court issued, today morning, its sentence in the case of detaining and torturing the citizen Mohammad Badr El-Deen Gomaa, his wife and his daughter.

The ruling condemned each of:

•    Police brigadier: Moustafa Mohammad Omran, the chief of criminal interrogations at Cairo Airport.

•    Police brigadier: Attia Mahmoud Moustafa Rezq, director of public utilities at Al-Behera Security Department.

•    Lieutenant Colonel: Mohammad Abbas El-Saied, the inspector of the anti- drugs general department.

They were sentenced one -year prison, and two years suspension of work, with staying execution for three years.

The court also ruled the impermissibility of trailing the officers charged with illegally detaining the child Gehad and her mother for 13 days. The impermissibility is on the bases of the public prosecution’s decision not to bring a criminal charge against the police officers, and just to rebate two days of their salaries.

The ruling declared innocent each of:

•    Police major general: Mohammad Al-Saeed Abdel Fattah

•    Police major: Islam Henedy

•   Police sergeant: Mohammad Gohar

Background

The story started in 1996 when Gomaa was arrested ant tortured to confess falsely that he murdered his own child, who, later, was discovered to be a live. Gomaa was referred to the criminal court, which sentenced him innocent. The criminal court first ruling ordered to refer the case file to the public prosecution.

(As the papers show that both the defendant and his wife were ill treated and tortured to the extent that the he confessed falsely in details that he committed an unreal crime. The court points that the farce in the interrogations the colonel Attia Rezq had done and his statements in the prosecution investigation represent shallowness and forging, and also makes light of establishing justice. The court also sees that these actions were intended, and also considers the false confession stated by Gomaa is out of torture and using cruelty as Gomaa stated. As for illegally detaining the child Gehad and her mother for thirteen days inside Al-Montazah police station is nothing but a crime with which the police officers meant to mislead justice. So that, the court, using its right stipulated in article No 11 of the procedures law, orders to refer the papers of the case to the public prosecution to investigate in the previously mentioned crimes with the colonel Attia Rezq and the other police officers, whose names are mentioned in the interrogations. Their punishment should be a deterrent for their alike, in order not to have the tragedy repeated and to protect the citizens’ liberties and dignities).

Abstract from the text of the sentence.

AHRLA started preparing the appeal on today’s ruling.

AHRLA considers that the most shocking aspect of today’s ruling is the court’s decision of the impermissibility of charging the two police officers “Abbas” and “Henedy” with illegally detaining 14 persons, including Gomaa’s wife and child, in a try to hide their main crime. The court’s will was restricted by the prosecutions earlier- issued decision: (the papers prove that the police officers are found guilty of illegally detaining 14 persons, including Gehad and her mother. But the papers also prove that the police officers, committed the previously mentioned crime with the intention to protect society from the outlaws, they meant to do some interrogations about some of the detainees and to complete some legal procedures regarding others to reach the truth, this very fact lessens the danger of their action. So the prosecution, caring about their professional future, which will be harmed by referring them to the criminal court, decides to punish them administratively and rebate 2 days of their salaries.)       

AHRLA raises the question; did the public prosecution consider the 8 years aged girl “Gehad” as a danger to the society, so that it considered her detention for 13 days as a protection to it?

AHRLA also affirms that issuing this sentence would convince the torturer police officers that they are safe from being punished, either by their bosses or by the public prosecution, or by the Ministry of Interior. There won’t be any deterrent for the police officers to prevent them practicing torture and cruelty.

We call the public prosecution, as a principal branch of the judicial authority,  to investigate in the charges of illegal detention, torture and using cruelty and to activate its practical role in inspecting prisons, places of detention inside police stations and the different places of detention.

Finally we would like to affirm our ever slogan

STOP Torture Now.