4.3 The definition of the offense is extended in two ways: the first is based
on the purpose of the act. “Coercion to confess” or “penalizing a
person for something he has committed” has become a proscribed
action, which may lead to suspicion of committing a torture act. The
second is based on the definition of the victim. The restriction that the
accused person, witness, or expert, were the only categories that
could be victims of this offense has been removed.
4.4 There is no statute of limitations to legal prosecutions of perpetrators
of torture crimes, as this amendment exempts these offenses from the
legally prescribed statute of limitation for crimes of torture. The
previous Law provided a statute of limitations of ten years after the
crime has been committed.
4.5 Crimes against the right to physical and moral integrity are considered
as felonies not misdemeanors. In addition, heavier penalties are
provided in line with the provisions of Paragraph (2) of Article (4) of the
Convention against Torture. Amendments to the Penal Code provided
for appropriate penalties for the committed offense, which may
sometimes reach life imprisonment.
4.6 The NIHR values the promulgation of Law No. (10) of 2015 amending
Article No. (320) of the Penal Code promulgated by Decree No. (15) of
1976, which criminalizes any person who endangers the life of a child
who is less than 7 years of age, or a person who is unable to protect
himself by reason of his health or mental condition, or forces another
person to commit such act, as this amendment realizes the principle of
best treatment of the child.
4.7 The NIHR followed up on the efforts of the Special Investigation Unit of
the Public Prosecution, the Commission for the Rights of Prisoners
and Detainees, the General Secretariat for Grievances, and the
Inspector General Office -National Security Agency as national
mechanisms, which directly contribute to the prevention of torture
crime and other ill-treatment within the national system.
4.8 Recommendations:
a. Provide more training programs for law enforcement
personnel in juvenile additional care centers using
curricula that include training on respect of human rights
in general and addresses the rights of children.
b. Enhance the supervision and monitoring of nurseries,
kindergartens, and public and private educational
institutions in a manner that ensures that the child enjoys
a safe environment and is not being subjected to
violence, abuse, or neglect in any form.
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