A/HRC/7/3/Add.1
page 90
Para
Country
Date
Type
Mandate
Allegations transmitted
Government response
detained or imprisoned except in places defined
by laws organizing prisons. If a confession is
proved to have been made by a person under any
of the aforementioned forms of duress or
coercion, it shall be considered invalid and futile.”
And Article 57 provides that “Any assault on
individual freedom or on the inviolability of the
private life of citizens and any other public rights
and liberties guaranteed by the Constitution and
the law shall be considered a crime, whose
criminal and civil lawsuit is not liable to
prescription. The State shall grant a fair
compensation to the victim of such an assault.”
The Egyptian penal code criminalizes committing
and ordering acts of torture in articles 126 and
282; and criminalizes unjustified detainment and
penalties exceeding those decided by articles 127
and 280. In compliance with the constitutional
provisions and with article 57 of the Constitution,
criminal procedure law stipulates in its article 15
that the aforementioned crimes may not lapse by
prescription. Article 203 of the same law stipulates
that the court shall not rely on any confession
made by a person under any form of duress or
coercion. The preceding is in full harmony with the
African Charter on Human and People’s Rights
and the Convention against Torture, and is
confirmed by the precedents and the legal
sentences by the Egyptian judiciary. Furthermore
pursuant to the judicial principles on the scope of
criminal liability, the assessment of the value of
confession as an evidence is subject to the
principle of “judicial discretion”. Consequently, the
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