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EOHR calls for the release of the defendants in El Quraneyeen case

Cairo: 12/3/2002

EOHR is deeply concerned about the detention of 6 defendants in case no.9060 of 2001 known as " El Qoranyeen".

The State Security Court for Misdemeanors in El Mattareya issued a verdict on its session dated 5/3/2002 to imprison the first and the second defendants for three years with hard labor. The rest of the defendants received one year suspended sentence. However, those defendants are still in Mazra'et Tora Prison and the justification is that they should wait for the ratification of the verdict. EOHR is worried about the illegal detention of those defendants who received one year suspended sentence. The refusal of the Directorate of Mazra'et Tora Prison to release the defendants is a breach to article 280 of the penal code which states" Anyone, who arrest or detain a person without a permission from the competent authority or without any legal basis , shall be fined not more than 200 L.E"

The detention of those defendants is also in conflict with article 465 of the criminal procedure law, which states "the defendants under preventive detention must be released if they received an acquittal sentence or non-imprisonment sentence or a suspended imprisonment sentence…"

In this regard, EOHR presented an complaint no. 62of 2002 to the Assistant of the Public Prosecutor who in turn wrote two letters no.434 and 435 .One of the letters was sent to the General Attorney of the East Prosecution and the other letter was sent to the Head of the Prison Directorate. EOHR appeals for the Public Prosecution and the minister of Interiors to intervene immediately to release the defendants to implement the articles of Law and the International Covenants on Human Rights which guarantee for the protection of the persons who are detained illegally as well as the illegal arrest. As well as EOHR calls for the respect of the provisions of the judiciary and not to expand in the interpretation of the judicial verdicts by the administrative body. Thus, the principle of the legislation and the law jurisdiction will be implemented.

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