Penal code in Egypt of Mohammedan origin and derived from the Koran—The law of talion—Price of blood—Blood feuds and blood revenge—The courbash freely used to raise taxes—Old police in Cairo—Extensive reforms—Oppressive governors—Tyrannical rule of Ismail Pasha—Protection and security guaranteed to the fellaheen by British occupation—Prison reform—Tourah near Cairo—Labour at the quarries—Profitable workshops—Assiut prison—Life at Tourah—Attempts to escape—Convicts employed on the communication line in the Sudan campaign—Excellent sanitation and good hospital arrangements. The land of the Pharaohs has ever been governed by the practices and influenced by the traditions of the East. From the time of the Arab conquest, Mohammedan law has generally prevailed, and the old penal code was derived directly from the Koran. Its provisions were most severe, but followed the dictates of common sense and were never outrageously cruel. The law of talion was generally enforced, a life for a life, an eye for an eye, a tooth for a tooth. Murder entailed the punishment of death, but a fine might be paid to the family of the deceased if they would accept it; this was only permitted when the homicide was attended by palliating Blood-revenge was a common practice among the Egyptian people. The victim’s relations claimed the right to kill the perpetrator, and relationship was widely extended, for the blood guiltiness included the homicide, his father, grandfather, great-grandfather and great-great-grandfather, and all these were liable to retaliation from any of the relatives of the deceased, who in times past, killed with their own hands rather than appeal to the government, and often did so with disgusting cruelty, even mangling and insulting the corpse. Animosity frequently survived even after retaliation had been accomplished, and blood-revenge sometimes subsisted between neighbouring villages for several years and through many generations. Revengeful mutilation The Koran prescribed that for a first offence of theft the thief’s right hand should be cut off, and for a second, his left foot; for a third, the left hand; and for a fourth, the right foot. Further offences of this kind were punished by flogging, or beating with the courbash—a whip of hippopotamus hide hammered into a cylindrical form—or a stick upon the soles of the feet. The bastinado, in fact, was the familiar punishment of the East. Religious offences, such as apostacy and blasphemy, were very rigorously punished. In Cairo a person accused of thefts, assaults and so forth used to be carried by a soldier before the kadi, or chief magistrate of the metropolitan police, and sent on trial before a court of judicature, or if he denied his offence, or the evidence seemed insufficient for conviction, although good grounds for suspicion existed, he was bastinadoed to extort confession. He generally admitted The modern traveller in Egypt will bear witness to the admirable police system introduced under British rule, and to the security afforded to life and property in town and country by a well organised, well conducted force. In former days, under the Pashas, the whole administration of justice was corrupt from the judge in his court to the police armed with arbitrary powers of oppression. The chief of police in Cairo was charged with the apprehension of thieves and criminals and with his myrmidons made constant rounds nightly through the city. He was accompanied by the public executioner and a torch-bearer who carried a curious light that burned without flame unless waved through the air, when it burst suddenly forth; the burning end was sometimes hidden in a small pot or jar and when exposed served the purpose of a dark lantern. The smell of the burning torch often gave timely warning to thieves to make off. The chief of the police arrogated to himself arbitrary powers, and often put a criminal to death when caught, even for offences not deserving capital punishment. A curious custom obtained in old Cairo; it was the rule for the community of thieves to be controlled by and to obey one of their number, who was constituted their In old times the administration of the country districts was in the hands of governors appointed by the Pasha and charged by him with the collection of taxes and the regulation of the corvee, or system of enforced or unremunerated labour, at one time the universal rule in Egypt. The prompt and excessive use of the stick or courbash was the stimulus by which the contributions demanded were extorted, and the sheik, or headman of a village, might be severely bastinadoed when the sum demanded ran short. Everything was taxed, particularly the land and its products, wholly or in part, or they were sometimes seized outright and sold at a fixed price, but impounded to make good the debts of the cultivators to the government. Taxes were also levied in kind,—butter, honey, wax, wood, baskets of palm leaves and grain. The government granaries were kept full by the last named exaction and in this regard an amazing story is told. The governor of the district and town of Tanta, when visiting the granary, saw two fellaheen resting who had just deposited their tale of corn. One had brought in 130 ardebbs (equivalent to five English bushels) from a village at a distance, the other only 60 ardebbs from some land adjoining the town. The governor at once fell foul of the defaulter, and utterly ignoring the townsman’s protest that his was a daily and the countryman’s a weekly contribution, “To relate all the oppressions which the peasantry of Egypt endure,” says Mr. E. W. Lane, the authority for the foregoing, “from the dishonesty of the officials would require too much space in the present work. It would be scarcely possible for them to suffer more and live.” Yet a worse time was approaching, when the notorious Ismail Pasha became practically supreme ruler and used his unchecked power for the complete enslavement of Egypt. His methods of misgovernment, his robbery, spoliation and cruel oppression are now matters of history. This modern Sardanapalus, as he has been aptly styled, lavishly wasted the wealth he wrung out of his helpless subjects by the intolerable rapacity of his ferocious tax gatherers. The fellaheen were stripped to the skin to fill his coffers and The people of Egypt not only paid taxes, but their possessions were seized ruthlessly, their lands misappropriated, their cattle and goods confiscated; they were mere slaves whose right to work on their own account was forfeited; and the whole population was driven forth from their villages with whips, hundreds of thousands of men, women and children, under the iniquitous system of enforced labour, to make roads through the Khedive’s estates, till the cotton fields and build embankments to control the distribution of the life-giving Nile. No escape from these hardships was possible, no relief from this most grievous Egyptian bondage. The arbitrary despot backed his demands by a savage system of punishments, and when the courbash was ineffectual, he banished malcontents to the remote provinces of central Africa, where, after a terrible journey, they expiated their offences at Fazoglo or Fashoda. Sometimes the highest officials were arrested and despatched in chains, without any form of trial, and were detained for years in this tropical Siberia. To speak of the Nemesis that eventually overtook Ismail and deprived him with ignominy of a power he In Egypt, at the present time, every son of the soil is safe from arbitrary and illegal arrest; the imposition of taxes is regulated strictly according to law; there is no enforced labour,—the corvee has been absolutely swept out of existence. Every peaceably disposed citizen may live sheltered and protected from outrage and in the undisturbed enjoyment of his possessions, waxing rich by his own exertion, safe from the attack or interference of evil-doers. It was not always so, and the great boons of personal security and humane, equitable treatment now guaranteed to every soul in the land have been only slowly acquired. Until 1844 the Egyptian police was ineffective, the law was often a dead letter, and the prisons were a disgrace to humanity and civilisation. Before that date the country was covered with zaptiehs, or small district prisons, in which illegal punishment and every form of cruelty were constantly practised. It was quite easy for anyone in authority to consign a fellah to custody. One of the first of the many salutary reforms introduced by the new prison department established under British predominance was an exact registration of every individual received at the prison gate, and the enforcement of the strict rule The first step taken by the new rÉgime was to concentrate prisoners in a certain number of selected prisons, such as they were, but the best that could be found. In these, twenty-one in number, strenuous efforts were made to introduce order; cleanliness was insisted upon and disinfectants were largely used, while medical men were appointed at each place, who attended daily to give medicine and move the sick into hospital. The health of the prisoners was so much improved that they constituted one per cent. of the daily average of prisoners, and this ratio has been maintained, so that in the cholera epidemic in 1896 only a few convicts died. A good prison system could only be introduced in improved prisons, and the first created was the great convict establishment at Tourah, a village about All the lime for buildings was burned in two lime kilns constructed for the purpose; all the furniture and woodwork, the tables, beds and doors were made by convict carpenters; all the ironwork, the bolts and bars for safe custody, the very leg-irons, their own inalienable livery under the old Egyptian prison code, were turned out by convict blacksmiths; and hundreds of baskets for carrying A visit to Tourah is both interesting and instructive. The chief employment of the convicts is in the quarries, a couple of miles from the prison, to which the gangs proceed every morning at daylight and where they remain every day of the week but Friday, which is their Sabbath, until four o’clock in the afternoon. There is no time wasted in marching to and fro. The dinner, or midday meal, is carried out to the quarries by the cooks, and after it is eaten the convicts are allowed an hour’s rest in such shade as can be found in the nearly blinding heat of the dazzling white quarries. As this midday siesta is the common hour for trains to pass on to the neighbouring health resort of Helouan, casual observers might think that rest and refreshment formed a great part of the Egyptian convict’s daily A visitor of kindly disposition is not debarred from encouraging effort by the gift of a few cigarettes to the convicts. Tobacco is not forbidden in the prisons of Egypt. It is issued to convicts in the works prisons in small rations as a reward, according to the governor’s judgment. The unconvicted and civil prisoners undergoing merely detention are at liberty to purchase it. I was the witness, the cause indeed, of a curious and unwonted scene in the small prison at Assiut when I inspected it in 1898. The sale of tobacco was in progress in the prison yard, where all of the prisoners, a hundred and more, were at exercise. An official stood behind a small table on which lay the little screws of tobacco for disposal, each for a few milliems, the smallest of Egyptian coins, the fractional part of a The daily unremitting toil of Tourah must be preferable to all but the incurably idle. Yet the terror of “Tourah” is now universal up and down Egypt. It is the great “bogey” of the daily life among the lower classes, the threat held over the fractious child or the misconducted donkey boy who claims an exorbitant “bakshish.” To accuse any decent fellah of having been in Tourah is the worst sort of insult and at once indignantly denied. When my own connection with the English prisons became known, I was generally called the pasha of the English Tourah, and my official position gained me very marked respect among classes spoiled by many thousands of annual tourists,—the greedy guides and Life in Tourah must be hard. The monotonous routine from daylight to sundown, the long nights of thirteen or fourteen hours, from early evening to morning, caged up with forty or fifty others tainted with every vice and crime, must be a heavy burden upon all but the absolutely debased. The evils of association, of herding criminals together, left to their own wicked devices, without supervision, were present in the highest degree in Egyptian prisons. At last, however, a move was made to provide separate cells for a certain number, and a new prison of 1,200 cells was built by convict labour at Tourah immediately opposite the new hospitals and at some distance from the old prison. Much mischievous conspiracy of the worst kind is prevented by keeping individuals apart during the idle hours of the night, for it was then that those concerted escapes of large numbers were planned, which have occurred more than once at Tourah, but have been generally abortive, ending only in bloodshed; for the black Sudanese, who form the convict guards, are expert There must be something very tempting to the untutored mind—and many of these Tourah convicts are half-wild creatures, Bedouins of the desert or the lowest scum of the cities—in the seeming freedom of their condition during so many hours of the day. Liberty seems within easy reach. Not a mile from the quarries are great overhanging cliffs, honey-combed with caves, deep, cavernous recesses affording secure hiding places, and it is for these that the rush is made. In August of 1896 there was a serious attempt of this kind, and success was achieved by some of the runaways. The hour chosen was that of the break-off from labour, when the gangs, surrounded by their guards, converge on a central point, very much as may be seen on any working-day at Portland or Dartmoor, and thence march home in one compact body to the distant prison. It is a curiously picturesque scene. The convicts, mostly fine, stalwart men, their ragged, dirty white robes flying in the wind and their chains rattling, swing past, two by two, in an almost endless procession. Below, the mighty river, flowing between its belt of palm and narrow fringe of green, shines like burnished silver under the declining sun; beyond stretches the wide desert to the foot of the Pyramids, those of Sakhara at one end of the landscape, those of Cheops at the other,—colossal monuments of enforced Such was the moment chosen for a general stampede. About sixty or seventy convicts agreed to cut and run simultaneously, all toward the shelter of the hills. A few were told off to try conclusions with the armed guards, to wrest away the rifles and thus secure both immunity from fire and the power to use the weapon in self-defence. The attempt appears to have been fairly successful at first. A few rifles were seized, and the fugitives, turning on their pursuers, made some pretty practice, during which a few of the more fortunate got away. But authority finally asserted itself. Many were shot down; the rest were overtaken and immediately surrendered. The absence of “grit,” so characteristic of the race, showed itself at once, and these poor wretches, who had been bold enough to make the first rush under a hail of bullets, now squatted down and with uplifted hands implored for mercy or declared it was all a mistake. “Malesh, it does not matter,” was their cry then. But they no doubt found that it mattered a great deal when a few days later Nemesis overtook them in the shape of corporal punishment; for the lash, a cat of six tails, is used in the Egyptian prisons as a last resort in the maintenance of discipline and good order. It is only inflicted, however, under proper safeguards and by direct sentence of a high official. There is no courbash now in the prisons, and no warder or Escapes have happened at other places. When military operations were in progress on the frontier leading to the revindication of the Sudan, an immense amount of good work was done by large detachments of convicts at stations high up the river. There were rough and ready “Tourahs” at Assuan, Wady Halfa, Korosko, Suakin, El Teb, points of considerable importance in the service of the campaign, where supplies were constantly being landed, stored or sent forward to the front. The Egyptian prison authorities very wisely and intelligently utilised the labour at their disposal to assist in unloading boats and in reshipping stores and railway plant. Numbers of convicts were employed to construct the railway ahead in the direction of Abu Hamed by which the advance was presently made. The Nile above Merawi flows through the most difficult country in its whole course, the very “worst water,” and no navigation in that length was possible by steamers, little or none by small boats except at high Nile and then only by haulage. It was necessary, therefore, to complete the railway to Abu Hamed, so that gunboats might be sent up in sections over the line, to be put together above the cataracts and then utilised in the final advance, for the river is more or less open to Berber and on to Khartum, and the success of the campaign was greatly facilitated thereby. Egyptian convicts did much good work of a superior kind. Now and again a trained handicraftsman was found who was willing to put forward his best skill and there was always a smart man ready to act as leader and foreman of the rest, as is very much the case, indeed, with convicts all over the world. One man in particular at Wady Halfa was well known as a most industrious and intelligent worker. He so gained the good-will of the British officers that, not knowing his antecedents, many of them strongly recommended him for release as a reward for his usefulness. But the prison authorities were unable to accede to this seemingly very justifiable request. This best of prisoners (again following experience elsewhere) was the worst of criminals. He had committed no fewer than eight murders, possibly not with malicious motives, or he would hardly have escaped the gallows. The death penalty is not, however, inflicted very frequently in Egypt. In one case worth mentioning as illustrating the almost comical side of Egyptian justice, a man sentenced to death was held to serve a short term of imprisonment for some minor offence before he was considered ripe for execution. When the short sentence was completed, he was incontinently hanged. At Assuan during war time hundreds of convicts were engaged all day long under the windows of the hotel. Their rattling chains were heard soon after dawn mixed with their unmelodious sing-song This practice has now been discontinued, and each unfortunate bears his burden alone. Much ingenuity is exercised to prevent the basils or anklets from chafing the skin. The most effective method, employed no doubt by the most affluent, was a leather pad inserted within the iron ring; others without resources, owning not a single milliem in the world, used any filthy rags or scraps of sacking they could beg or steal. Pads of this kind have been worn from time immemorial by all prisoners and captives; no doubt the galley slaves chained to the oar in classical days invented them, and they were known until quite lately in the French bagnes of Rochefort and Toulon by the name of patarasses, which the old hands manufactured and sold to the The general use of fetters is not now approved by civilised nations. But in Egypt they appear to be nearly indispensable for safe custody. The removal of the leg-irons from convicts has often encouraged them to effect escape. Once sixteen of them at Assuan were astute enough to sham illness. It was during the cholera epidemic, and they knew enough of the symptoms to counterfeit some of them cleverly. The medical officer in charge was compassionate and thought it cruel that his patients should die in their chains, so he had them struck off. Within a few hours the unshackled convicts gave their guardians leg-bail, and escaped from the hospital into the desert, and so down the river. These very men afterward formed the nucleus of the band of harami, the robbers and brigands who terrorised the lower province for some months and were only disposed of at last by summary action. The story of the subsequent burning of the brigands at Belianah became public property and was made the occasion of one of those virulent attacks upon British rule that often found voice under the unrestrained license of the Egyptian press. These out-laws were pursued and overtaken at last by the A striking feature at Tourah was the admirable prison hospital, which would compare favourably with the best in the world. It is a two-storied building with lofty, well-ventilated wards, beds and bedding, all in the most approved style; a well-stocked dispensary and a fully qualified medical man in daily attendance. The patients, unless too ill to rise, sit up on their beds rather like poultry roosting, and suffer from most of the ills to which humanity is heir. The complaints most prevalent are eczema, tuberculosis (the great scourge of the black prisoners from the south), ophthalmia, and dysentery. “Stone” is a malady very prevalent and showing itself in the most aggravated form, due no doubt to Too much praise can hardly be accorded the Egyptian prison administration for its prompt and effective treatment of the cholera epidemic when it appeared in Egypt in 1896. Although the mortality was serious in the general population, the percentage of deaths was relatively small in the prisons. Out of a total of 7,954 prison inmates (this number did not include the convicts at the seat of war or on the Red Sea) there were only one hundred and sixteen cases and seventy deaths. In six of the prisons the disease did not appear; in others, although situated in the heart of infected towns, and prisoners were being constantly received from infected districts, the cases were few. In Tourah, with a total population of thirteen hundred and fifty, there were but twenty-two; at Assiut, a new building with good sanitation, only two; the average was largest at Keneh, Mansourah and Assuan. Not a single female prisoner was attacked; an immunity attributed to the fact that the females in custody receive regular prison diet, while the males, except at Tourah and Ghizeh, are fed, often indifferently, by their friends outside. These excellent results were undoubtedly due to the strict isolation of the inmates of any prison in which the cholera had appeared. Whenever a case showed, the introduction It was officially stated in 1903 that such crimes as robbery with violence, petty thefts and brigandage had increased materially since 1899. The reason given for this was the failure of the police machinery to bring out the truth and the practice of bribes which was everywhere prevalent. The corruption of magistrates and the terrorism held over witnesses make it exceedingly difficult to bring a man to justice or obtain satisfactory convictions. But we may well conclude that the prison system as established in Egypt to-day is of the most modern and satisfactory character. PRISONS OF TURKEY |