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Cairo,20/8/2004

 

Alhdaek Prosecution breaches the Attorney General’s instructions

And refuses photocopying the investigations of citizen’s murder

In Alhadaek police station.

The Association for Human Rights Legal Aid, (AHRLA), expresses its deep annoyance about the refuse of Mr. Chairman of Hadaaek Prosecution to enable the lawyers of AHRLA of getting a formal photocopy of the case no. 4681 of the 2004 misdemeanors- Hadaek Alkoba.

This case on torture of the two citizens; Mohamed Abdel Kader Alssayed “ 31 years old” and his brother Sameh “ 27 years old” in  Alhadaek police station, and the death of the first brother as a result of that, the Public Prosecution has made three previous orders of arresting the police officer Ashraf Safout , officer in investigations of state security, who accused of torture the two brothers, but this resolution did not execute up till now!!

And the refuse of obtaining a formal copy of the case by the chairman of  Hadaek Alkoba Prosecution is considered as a clear breach of the declaration made by Mr. Attorney General that has been published in Alakhbar newspaper in 18/8/2004, this declaration stressed on giving the permission to the lawyers to get an original copy of the investigations if they asked for that, Mr. Attorney General made his resolution no. 1 of the year 2002, with the same sense.

When the lawyers of AHRLA tried to request a formal copy of the case no. 10617 of the year 2003 Helwan- administrative, and it is a case about breaking into some homes of innocent citizens and leading them to the police station, detained them and practiced the most awful kinds of torture against them, and also some of women faced sexual harassment in order to humiliate them and force them to confess of  one accused person’ place, which made the lawyers of AHRLA to make a law suit against each of  Mr. Attorney General and Mr. Minister of justice and chairman of Helwan prosecution, requesting to stop execution this resolution of preventing the appealer of obtaining their formal copies of the investigation, and their right of seeing all the documents they need to see, this law case is still waiting the resolution of Mr. Consultant Chairman of State Council to determine the date of hearing session.

It became very clear that refusing of the different prosecutions to enable the lawyer of obtaining the copies of cases- considered as a breach of  the right of defending – became a hard obstacle in the way of application  the principle of law supremacy on the both levels; the procedure and the objective, and the two cases we mentioned here assured that the issue became a phenomenon stands on the way of the work of lawyers and the defending role.

It is also an obstacle before the Association for Human Rights Legal Aid to play its role in presenting free legal aid and legal support for the victims of human rights violations in Egypt.

The Association for Human Rights Legal Aid put all these facts under the sight of the Attorney General as a responsible of the general prosecution, and claim him to secure the application of his instructions by the different prosecutions all over Egypt, which guarantees the rights of defending and the victims.       

 

 

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