In a statement released by Amnesty International on Tuesday (Nov. 20), the State Information Service (SIS) said allegations of several children in Egypt were subjected to enforced disappearances, torture and incommunicado detention.
The statement referred to several allegations of the disappearance of 12 children, 6 of whom would have been tortured, but only two statements were published in the statement, so the SIS's response will be limited to clarifying the facts on these cases:
I. Allegations of torture and forced disappearances.
The statement raised serious allegations that two children were violently disappeared and tortured during their detention by the Egyptian authorities, which was based on unreliable reports, but the defendants' lawyers did not pay the torture prior to the indictment.
With regard to enforced disappearance, the statement provided no concrete evidence that the accused were forcibly concealed and subjected to torture.
Second: The legal status of the two cases.
The first case : Abdullah Boumdeen Nasr Eddin Okasha
We find that the case in question is still being investigated by the State Public Prosecutor's Office under No. 570 of 2018, which limits the safety of a state – not the Public Prosecutor's Office – and the child and the rest of the defendants were not brought to trial so far.
With regard to the arrest of the accused Abdullah Boumediene, the Public Prosecutor's Office did not order him to be kept in custody in any of the detention centers for adults over the age of 18 and placed him in a juvenile detention center separate from the other defendants in the case of Da Law No. 12 of 1996 and its amendments stipulates that "No child shall be kept in custody for a period not exceeding fifteen years. The Public Prosecutor may deposit it in one of the observer houses for a period of not more than one week and present it at each request if the circumstances of the case He calls to mitigate it, provided that the deadline for submission does not exceed one week, unless the court orders it to be provided in accordance with the rules of custody provided in the Code of Procedure Criminal.
It is clear in the previous article that the law stipulated that the child should not be held in reserve, with the possibility of lodging for a period not exceeding one week in the places assigned to him, with the right of the competent court to hold the reservation for to increase the period of detention with the same guarantees provided for in the Code of Criminal Procedure for pre-trial detention,
It is noteworthy that this child is accused of committing the crime of monitoring and monitoring the mechanisms and armor of the police and armed forces for the benefit of extremist terrorist groups in northern Sinai for the purpose of targeting them and inciting them to commit this sinful crime his elder brother, Abdul Rahman, accused in the same case.
Second case: Aseer Mohammed Zohourdine Abdel Warth.
After examining the details of the case with the competent authorities, it was clear that the Public Prosecutor accused the child of having committed more than 15 years of age and that the accused had reached that age during the crime of joining a terrorist group that he planned and committed assaults. Age.
The second paragraph of article 122 of Law No. 12 of 1996 and its amendments stipulate that "the jurisdiction of the Criminal Court or the Supreme Court of State Security shall be as the case may be – in the case of the crimes for which he is accused. A child over the age of fifteen years at the time of committing the crime when he contributed to the crime other than a child and the criminal case must be presented to the child. In this case, the court must, before making its judgment, examine the child's circumstances in all respects. Specialists ".
It is clear in the article mentioned that the Egyptian legislator has raised an exception in the jurisdiction of the Juvenile Court when considering the child's cases, so that if he exceeds the age of fifteen at the time of committing the crime and his crime is inextricably linked to a adult, he is tried before the criminal court or Supreme Court of State Security, All special warranties provided by law.
In addition, the law provides in Article 111 that "No person shall be sentenced to death, life imprisonment or imprisonment aggravated by an accused who has not exceeded the age of eighteen full calendar years at the time of committing the crime.
Without prejudice to article 17 of the Penal Code, if a child over 15 years of age commits a crime punishable by death, life imprisonment or a serious prison sentence, he shall be sentenced to imprisonment and the offense shall be punishable by imprisonment not less than three months.
It is clear from the previous article that the law abolished and mitigated some of the penalties applied to minors, prohibited the application of the death penalty, life imprisonment and serious imprisonment for minors under 18 years, and the maximum penalty for children was imprisonment, with the possibility of punishment under Article 17 of the Egyptian Penal Code.
As stated in the first paragraph of Article 133 of the same law, "If an accused is convicted of a penalty based on the fact that his age has reached 15 years and has been proven by official documents that he did not inform it, the attorney general will the matter to the judge who rendered the judgment for review in accordance with the law. "
It is clear from the aforementioned article that the legislator defined the general rules that he passed for adults to contest the sentence. If the judge attributes the accused to acts committed before the age of fifteen, and this is proven in official documents, he can present an application to the Public Prosecutor's Office. Punishment.
The Egyptian authorities fulfilled the criteria established by the UN Convention on the Rights of the Child in Article 37 of the Convention, the Egyptian authorities provided the necessary guarantees of justice in this respect and took the necessary measures to take into account the age of those accused.
In conclusion, the State Information Service called Amnesty International, a well-known organization, to convey allegations of human rights violations in Egypt, not to contribute to campaigns to politicize the image of the Egyptian state at home and abroad through of your data.