The National Commission assigned to Follow-up the BICI Recommendations

عربي

Progress & Actions Taken

1719 - To adopt legislative measures requiring the Attorney-General to investigate claims of torture and other forms of cruel, inhuman or degrading treatment or punishment, and to use independent forensic experts. Such procedures should guarantee the safety of those raising such claims. Furthermore, the legislation should provide for remedies for any person claiming retribution for having raised a claim of torture or other forms of cruel, inhuman or degrading treatment or punishment.

Progress & Actions

Resolutions of the National Commission

Assigning government agencies concerned to introduce required amendments to the decree law related to public security forces regulations to render it consistent with the Public Prosecutor’s jurisdiction to investigate cases of torture, harsh and inhumane treatment and degrading punishments.

Government Response

In the process of formulating the required amendments to laws to allow for the implementation of the recommendation. They will be provided to the Commission upon completion. While amendments are being formulated, H.E. Minister of Interior issue a resolution to refer all military cases related to accusations of death, torture, harsh, inhumane and degrading treatment to Public Prosecution.

Resolutions of the National Commission

Assigning government agencies concerned to prepare a draft law to amend Decree Law No. 46 for 2002 to issue the Law of Criminal Procedures and incorporate therein required procedures to ensure the safety of victims, witnesses and experts, as well as to provide required compensation to any person who is proven to have suffered vengeance as a result of such cases.

Government Response

Resolutions of the National Commission

Providing the National Commission with the actions taken or to be taken in the future to implement this recommendation.

Government Response

The recommendation was implemented as the Council of Ministers, in its meeting held on January 8, 2012, approved the legislative amendments that give the Attorney General exclusive power to investigate allegations of torture and other ill-treatment, and to protect people from retaliation for filing accusations of torture or cruel or inhuman treatment.

At the same time, as was announced on December 8, 2011, all cases of cruel, inhuman or degrading treatment were referred from the Interior Ministry to the Office of the Attorney General.

Technical assistance will be available to this recommendation by:

United Nations Office on Drugs and Crime (see recommendation 1717).
International Institute of Higher Studies in Criminal Sciences (see recommendation 1722, paragraph (a)).
Initiative Law of American Bar Association.

Resolutions of the National Commission

Writing to the Ministry of Interior to provide a copy of the Minister’s resolution to refer cases to Public Prosecution to investigate allegations of torture and aggression against the safety of citizens.

Government Response

Note: The required resolution was attached to the first response referred to above. - In process of being implemented. The Government will shortly announce review procedures in response to this recommendation.

Resolutions of the National Commission

To write to the Ministry of Interior to provide the Commission with a copy of the Minister’s resolution to refer cases to Public Prosecution for investigation of allegations of torture and assault on the safety of citizens.

Government Response

Note: The required resolution was attached to the first response referred to above.

Resolutions of the National Commission

The Commission proposes a legislation to amend certain provisions of the code of criminal procedure as ratified by Decree Law No. 46 for 2002, to include a number of measures which Public Prosecution or the court could take to protect witnesses or persons who provide information on a certain case against treats until the danger subsides.

Government Response

The Government’s work team appreciates the valuable proposals of the National Commission related to Recommendation 1719, and the issue of a legislation to protect victims, witnesses and experts. The Government will take appropriate action in this respect in the form of a draft law to be submitted to the Legislature as soon as possible.

Relevant Legislation / Documents

Most Recent Actions Taken