The Condition of Women Prisoners in Egypt

Human Rights Center for the Assistance of Prisoners report for 2002

Prepared by:

Dr. Amer Redah Bayoumi

Lawyer

Documentation by:
Lawyers:

 Ms. Intisar Alsayeed
Ms. Duaa Abbas
Mr. Hani Fawzi

The Condition of Women Prisoners in Egypt

 Human Rights Center for the Assistance of Prisoners report for 2002

Copyrights:

Publisher: Human Rights Center for the Assistance of Prisoners (HRCAP)

Address: 4, Abu Al Maati St. Agouza, Egypt .

Tel / Fax: +202- 3028219

Website: hrcap.org  Email : /

HRCAP Team Work

Introductory Chapter:

 The Universal Declaration on Human Rights which has been adopted by the United Nations General Assembly on 10 December 1948 stressed on the inherited Dignity of the human beings on equal, impartial basis as well as no distinguish between Male or female. Many other international conventions stressed on the importance of protecting and respecting the human dignity for all human beings especially if they were Prisoners.

It is a constant principle that the aim of the imprisonment penalty and other measures that restrict the individual freedom is to protect the society from the crime. To Achieve such aim the penalty of imprisonment should be used to rehabilitate the prisoner to rejoin the society and conduct a good behavior and respect the law governs his community.

To achieve such aims, it is required to enact the international conventions and treaties as well as the internal laws that aim to respect the human rights in general and the prisoners right in particular. In addition to sincere work towards ameliorating the prisons conditions on all sectors and provide the necessary educational, reformatory, moral and ethical measures to guarantee the protection of the human dignity to all citizens even the prisoners.

Hence, Prisoners should not be isolated from the society, on the contrary they should be involved in its development. To achieve this, a strict respect to his human rights should be preserved and not to be treated in manner that contravene with his rights and duties as a human being.

Yet, many penal systems are used in many occasions to punish persons in convicted in the crimes of expressions and violate their rights or practice a kind of pressure on them to weaken their will. In addition, due to the lack of effective supervision on the prisons, the prison administration uses cruel and aggressive measures against the prisoners.

Consequently, the international conventions incriminate all these measures- which violates the human rights- and stated the penalties on those who commit such crimes.

These conventions focused on the importance of protecting the human dignity is:

First: the International Standards:

- International Covenant on Civil and Political Rights adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966 which stated in article 10 /1 and 10/3 that: 

1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.

3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation. Juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status.

 - Standard Minimum Rules for the Treatment of Prisoners adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held at Geneva in 1955, and approved by the Economic and Social Council by its resolution 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977

-                          Basic Principles for the Treatment of Prisoners adopted and proclaimed by General Assembly resolution 45/111 of 14 December 1990 which stated that:

1. All prisoners shall be treated with the respect due to their inherent dignity and value as human beings.

2. There shall be no discrimination on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

3. It is, however, desirable to respect the religious beliefs and cultural precepts of the group to which prisoners belong, whenever local conditions so require.

4. The responsibility of prisons for the custody of prisoners and for the protection of society against crime shall be discharged in keeping with a State's other social objectives and its fundamental responsibilities for promoting the well-being and development of all members of society.

5. Except for those limitations that are demonstrably necessitated by the fact of incarceration, all prisoners shall retain the human rights and fundamental freedoms set out in the Universal Declaration of Human Rights. 

-                          The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment considers torture as an unacceptable means to obtain confessions. This is affirmed by article 15. The objectives of criminal procedures worldwide developed in such a way as to disregard any statements or confessions obtained by torture. Both “the right to immunity from coercion to extract confessions” and “eliminating evidence extracted by torture and other means of coercion” constitute components of any just and fair trial. This is stated in article 14(3) of the International Covenant on Civil and Political Rights, as well as article 55(1.a) of the Articles of Association of the International Criminal Court, and article 8(2) of the American Human Rights Agreement.

-                          The International Arab conference for social defense 1973:The concluding recommendation of the International Arabic Organizations for social defense against crime stated in its 4th conference held in Baghdad during January 1973 on the following:

A)    The Prisoner should be treated in as a human being and citizen and maintain his human dignity and all his basic rights as a human being should be considered while imposing on him any restrain or commitment.

B)      To form an advisory committee within the frame of the Arabic Organization for social defense, representing the Arab states and be competent of planning and ensuring the enactment of the standard minimum rules for the treatment of Prisoners.

C)    To establish, in Each Arab state,  a high council for Prisons. The council consists of  personnel representing  the relevant bodies of imposing the penalty as well as experts in that domain. The council will be responsible for setting up the Prisons general policy in the Arab states and supervise its implementation. It also recommends that a judicial body should practice supervision on each prison and ensure the enactment of the penal system rules stipulated by the law.

D)    Prisons should subordinate to a competent authority that subordinate to the ministry of Justice or the ministry of social affairs, each state according to its system.

E)     All Arab states should start building new modern prisons of medium capacity with complete utilities and ready to implement proper and effective system that ensure the standard minimum rules for the treatment of prisoners.

F)     The basics of the imposing the punishment should depend on a comprehensive study to the Prisoner’s personality and covering his biological, mental, psychological and social aspects.

G)    Work is obligatory for all prisoners, unless for medical reasons.

H)     Treatment stipulated for those apprehended or preventively detained should be limited to depriving them from their liberties and should be merited all the privileges which do not contravene with the investigation course. It is also recommended the places of apprehension should be independent and segregated from the other places established for penal application. 

I)       More care should be provided to the released prisoners. The competent authorities should provide the specialized and trained bodies as well as the necessary funding. States should them without prejudice to the role played by the individual and organizational contribution.

J)       The necessity to ignore the first precedent whiles practicing the civil rights without prejudice to the judicial and police records.

In the Egyptian legislation and law:

The Egyptian constitution implies in many articles on many principles stated in the international conventions. It has been stated in article 42 of the Egyptian constitution that:

“Any citizen arrested, detained or whose freedom is restricted shall be treated in a manner concomitant with the preservation of his dignity. No physical or moral harm is to be inflicted upon him. He may not be detained or imprisoned except in places defined by laws organizing prisons. “

In addition to article 40 of the Code of criminal procedures stated that no one should not be arrested or detained except by the orders of the competent authorities. He should be treated in the manner that concomitant with the preservation of his dignity.