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Cairo, 29/5/2003
That preliminary step taken by the Egyptian legislator is a very serious step to protect delinquent juveniles from the many violations they face in the holding cells at police station, while their being held in the company of adults. It is an opportunity for them to be recovered and socially re integrated. Giving them the opportunity to practice their human rights according to the international human rights instruments, particularly the international convention of child rights ratified by Egypt and became a national legislation. The association for human rights legal aid appeals the members of the legislation, religious, health and national security committees to approve promptly the report of the suggestions committee as a step towards issuing and publishing the law. In this context the association would like to thank and praise the efforts and support by Mr. Kamal Ahmed, Mr. Adel Eid. Mr. Ali Fath Elbab, Mr. Mohamed Abdel Aziz Sheban, Mr. Taiser Mater, Mr. Ayman Nour, Mr. Mohamed Wahbat Allh, Mr. Mohamed El Badrashiny and Mr. Abou Elez El Hariri, members of parliament who supported and adopted the draft law, till it reached the current stage in the parliament. The association for human rights calls for bringing together all efforts of the non -governmental organizations and the governmental institution as well to support the draft law in its last step to be approved and issued in constancy with the international treaties of human rights, particularly the International Convention of Child Rights. Stressing on the necessity of issuing a law to allocate special holding cells for juveniles at the police in the police station all over Egypt was one of several recommendation of a study conducted by the association on a sample of 104 delinquent juveniles detained in police stations accompanied by adults, under the title "Children in custody… a study on delinquent juveniles in custody". The study sheds lights on the bad conditions of these delinquent juveniles detained with adults inside holding cells, also shows the several violations and different abuses they face during detention. This study is the starting point of the campaign launched by the association in the period from 1st May 2002 through 31st October 2002 that was concluded with a conference discussing the content of the draft law and calling for the abovementioned members of parliament to adopt it. Draft law To allocate separate holding-cells for delinquent juveniles inside police stations in Egypt After reviewing law no 58/1937 of issuing the penal code and its adjustments And the law no 150/1950 of issuing the criminal law And the decision of law no 396/1956 related to prisons organizing and adjusted with the decision of law no 57/1968 And the law no 12/1996 of issuing a child law We decided the following:- The content of Article No 1 Each police station or center in the Arab Republic of Egypt should contain a separate holding cell for those who are below the age of eighteenth arrested for every child alleged as, accused of, or recognized as having infringed the penal law, it is allowed to keep the child in that holding cell for more than 24 hours, the appropriate living and health conditions shall be provided in these holding cells. The child shall obtain three appropriate meals every 24 hours. The content of Article No 2 Each of the above mentioned separate holding cells shall be supervised by a social specialist who must be attended for 24 hours a day. The social specialist shall write a daily report on the social circumstances of the delinquent juvenile, the report is attached to the arrest file and contains the social specialist opinion of what measures shall be taken, or the juvenile shall be under the supervision of the social specialist as long as he stays in custody. The child may contact his/her family if he/she desired or the social specialist saw that it is for the best interest of the child. The content of Article No 3 Each of the separate holding cells one doctor or more who must be attended for 24 hours a day, the doctor must conduct a complete medial examination after arresting the juvenile and write a report on the child health condition, and be responsible for moving to the hospital to receive the appropriate health care if the doctor saw it is necessary. The doctor also has to monitor the holding cells every day and conduct a report on providing the appropriate health and living conditions, the report is kept in a record which shall be submitted to the Minister of health every three months to do what he sees it necessary for improving the conditions of the holding cells. The content of Article No 4 Article No 96 in the child law no 12/1996 shall be a mended to contain 9 cases instead of 9, the 9th case of the child being at risk is: Any official detain a child in the company of adults in one holding cell. The content of Article No 5 Every head of prosecution or the one who represents him shall examine the holding cells in the police stations under his control every day to search for children hold with adults in one cell, and the arrest file, and also the appropriate health conditions inside the holding cells. The head of prosecution has the right to do whatever measure he sees it appropriate. Each prosecution shall has a file to record the name of the prosecution moving member and the date of moving and any other notice the member would see of importance. The content of Article No 6 One compound or more shall be established in each province in the republic, the compound is allocated for the delinquent juveniles whom the prosecution orders their protective custody or detention pending investigation. The maximum of that detention shall be 4 days. If the opposition judge decided continuing the detention the juvenile shall be moved to one of the appropriate care institution. These care institution are run by the same system and rules of the separate holding cells inside police stations mentioned in that draft law. The content of Article No 7 Without ignoring any other punishment stipulated in another law, any person break the articles stipulated in that law shall be punished with the punishment stipulated in Article No 116 in the Child Law No 12/1996 The content of Article No 8 Both the Minister of Interior and the Minister of health shall issue the appropriate decisions to start working with that law. The content of Article No 9 Any sentence opposes this law shall be canceled. The content of Article No 10 That law shall be published in the official newspaper and be in implementation the next day. Human Rights Legal Aid in an internal workshop And signed by several child rights organizations. The Association for Human Rights Legal Aid |