A/HRC/7/3/Add.1
page 89
Para
Country
Date
Type
Mandate
Allegations transmitted
Government response
worthy to note that the law applicable at the time
of investigation did not stipulate that the PPO has
to delegate a lawyer to attend the investigation
process, but it was mandatory to delegate a
lawyer if the case is referred to the court.
However, during the past term of the People’s
Assembly, Article 124 of the Criminal Procedure
Law was amended within comprehensive
amendment on procedures, controls and rules of
preventive detention by virtue of the Law No.
145/2006 which made the appearance of the
lawyer with the defendant mandatory before the
beginning of interrogation in felonies. The PPO
has become obliged to delegate a lawyer for the
suspect who does not have a lawyer. It is affirmed
in the minutes of the court sessions that the court
responded to all the requests of the lawyers to
visit the accused whenever a visit was requested
and that the court responded as well to their
request to obtain photocopies of the investigation
and trial sessions. The relatives of the suspects
were allowed to visit them: the relatives of
Ossama Mohammed al-Nakhlawy visited him 17
times, the relatives of Mohamed Gayez Sabah
visited him 30 times, and the relatives of Yunis
Mohamed Abu Gareer visited him 16 times until
April 2007. Regarding the allegation that the three
were subjected to torture, Article 42 of the
Constitution provides 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
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