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Policemen sentenced to 3-year prison terms in high-profile torture case
Published in Daily News Egypt on 05 - 11 - 2007

CAIRO: Amid tight security, the Egyptian Higher Court in Cairo sentenced Monday two police officers to three years in prison on charges of torture.
Captain Islam Nabih and Officer Reda Fathi were found guilty of torturing and sexually abusing 22-year old microbus driver Emad El-Kabir with an iron stick at Bulaq El-Dakror police station in January 2006.
The ruling marks one of the higher sentences given in torture cases in Egypt and the first issued on the torture videos that were circulated through mobile phones and via the Internet.
"I am very happy with the ruling and so is my client. He feels as if he has gotten his life back. Now, he can go back to his family and work, El-Kabir's lawyer Nasser Amin told Daily News Egypt.
Amin added that the convicted police officers will most likely spend the next three years at the notorious Tora prison outside Cairo.
However, Hossam Bahgat, Director of the Egyptian Initiative for Personal Rights (EIPR), expressed skepticism over Monday's ruling saying that the "seemingly high sentence could be misleading.
"The minimum sentence for sexual assault is three years. There is an aggravating clause for public servants, such as police officers, who could risk up to 25 years behind bars if convicted for this crime. In my opinion, the judge gave them the most lenient ruling possible, Baghat told Daily News Egypt.
It was in November last year that the graphic video showing El-Kabir being sodomized with a stick appeared on several local blogs as well as Youtube, spurring public outcry from citizens and rights groups.
According to El-Kabir, the policemen videotaped the torture with a mobile phone to circulate the footage among his friends for further humiliation. The video reached bloggers and activists.
Among the first bloggers to post the video and spread awareness of the case internationally was Wael Abbas, moderator of "Misr Digital and Hossam El-Hamalawy of Arabawy.org.
"Today's decision is a strong message to the government and the Ministry of Interior in particular from Egypt's civil society, Amin continued.
While the details surrounding El-Kabir's arrest remain unclear, police previously alleged that the bus driver was detained for intervening in an argument between his cousin and the police.
According to Human Rights Watch (HRW), two plainclothes officers detained El-Kabir on Jan. 18, 2006 and beat him on the street before transferring him to the Bulaq police station. His legs and arms were bound and, subsequently, he was whipped and sodomized.
Al-Kabir was reportedly held for 36 hours without charges but was later jailed for three months for "resisting arrest.
Following his release, El-Kabir filed a complaint with the Prosecutor General which resulted in the arrests of Nabih and Fathi in December 2006.
The trial started on March 3 but was adjourned several times until Monday's decisive session.
Despite Egypt's ratification of several international treaties which prohibits any form of torture or ill-treatment - including the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment - the country has continuously been accused by rights groups for torture practices.
"Torture in Egypt is a widespread and persistent phenomenon. Security forces and the police routinely torture or ill-treat detainees, HRW stated in a briefing.


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