Background

The heirs of a deceased man filed a case against two defendants and requested the court to order them to pay 50000 Egyptian Pounds in compensation for the damage which had resulted from their father's torture during his detention over the period from 26/081953 to 1964.

The court ruled that the defendants should pay 6000 Egyptian Pounds as compensation.

The defendants appealed the ruling before the court of appeal. The court abandoned the appealed ruling and rejected the case.

Decision

The heirs appealed the ruling before the court of cassation and stated in their grounds of appeal that the ruling had erred in the application of law because the court had stipulated that the physical damage existed if the torture hurt the body or the brain although injury of the body or the brain should be considered as a violation to the rights stipulated by the constitution.

The court stated this argument was valid.