EGY 002 / 0614 / OBS 058
Arbitrary detention / Judicial harassment /
Obstacles to freedom of peaceful assembly
Egypt
June 23, 2014
The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in Egypt.
Description of the situation:
The Observatory has been informed by the Egyptian Initiative for Personal Rights (EIPR) about the arbitrary detention and judicial harassment of 24 activists and human rights defenders for their alleged participation in a peaceful march calling for the repeal of Law 107 of 2013 on demonstrations and public rallies (the “Anti-Protest Law”) as well as the release of those detained under said law. Those detained include Ms. Yara Sallam, Transitional Justice Officer at EIPR, Ms. Sana Seif, a member of the “No to Military Trials for Civilians” movement and sister of the imprisonment blogger Mr. Alaa Abdel Fattah, as well as 22 other individuals.
According to the information received, on June 23, 2014, the Masr Al Gadida Prosecution Office ordered the detention until June 25, 2014 of Ms. Yara Sallam, Ms. Sana Seif as well as 22 other individuals on charges of “breaching the protest law” under the “Anti-Protest Law, “sabotaging public properties”, “possession of inflammable materials” and “taking part in showing off force with the objective of terrorizing the public” for their alleged participation in a peaceful march.
On June 21, 2014, the police dispersed by using tear gas during a peaceful march that was organised in the Heliopolis neighbourhood in Cairo to demand the repeal of the “Anti-Protest Law” as well as the release of those detained under said law. In this framework, the police arrested more than 30 individuals, including Ms. Yara Sallam and her cousin Shehab Fakhry Ismail. It should be highlighted that the two were picked up in the vicinity of the protest between 7 and 8 pm by security forces as they were buying drinks from a local kiosk and not while participating in any demonstration.
Some of the detainees reported insults and ill-treatment, including beatings by “muwatinin shurafa” (plain-clothed police collaborators) during and after the arrest . Those arrested were questioned without the presence of their lawyers, mostly individually, by men in civilian dress who did not introduce themselves or clarify their official positions. The arrestees were asked whether they participated in the protest and were questioned about their political affiliations and opinions about the protest law. According to testimonies, officials pressured them into confessing their participation and threatened to charge them with belonging to the banned Muslim Brotherhood and/or the 6th of April Movement. Later the same day, eight of the arrestees were released without charge, including Ms. Sallam’s cousin. On June 22, 2014, 24 were presented before the Prosecutor’s office.
The 23 are currently detained in either Badr police station (men) or the New Cairo Second Police Station (women). One was admitted to Heliopolis Hospital for medical reasons.
During her interrogation, Ms. Sallam was questioned about the nature of her work and about EIPR’s management. The Observatory fears that Ms. Sallam’s continued detention is related to her work in a human rights organisation.
The Observatory recalls that the restrictive protest law has been used by the authorities as a tool to imprison human rights defenders. This controversial law bans gatherings of 10 or more people without a permit issued by the authorities. Ms. Maheinour Al Masry is currently in detention after the sentence issued against her in absentia on January 2, 2014, convicting her to two years’ imprisonment and a fine of EGP 50,000 (approximately EUR 5,143) [1]. Mr. Alaa Abdel Fattah, who is currently in detention, was sentenced along side Mr. Ahmed Abdel Rahman and 23 other individuals, to 15 years of prison, a fine of LE 100,000 (approximately EUR 10,420) and five years of police surveillance [2]. Founders of the April 6 Youth Movement, Mr. Ahmed Maher and Mr. Mohamed Adel, were also sentenced to three years of prison and a 50,000 EGP fine by the Cairo Criminal Court on December 22, 2013 for organising an unauthorised protest and allegedly attacking police forces in November 2013 [3].
The Observatory expresses its concern regarding the ongoing arbitrary detention of Ms. Yara Sallam, Ms. Sana Seif and 22 others which seems to aim only at preventing them from carrying out their peaceful human rights activities, and calls upon the Egyptian judicial authorities to immediately and unconditionally release them.
Actions requested:
Please write to the authorities of Egypt asking them to:
i. Guarantee in all circumstances the physical and psychological integrity of Ms. Yara Sallam and Ms. Sana Seif, as well as all the 22 other detained for their alleged participation in said march and all human rights defenders in Egypt;
ii. Release Ms. Yara Sallam and Ms. Sana Seif, as well as the 22 other detained for their alleged participation in said march immediately and unconditionally, as well as all human rights defenders currently in detention, since their detention is arbitrary as it seems to only aim at curtailing their human rights activities;
iii. Put an end to all acts of harassment, including at the judicial level, against Ms. Yara Sallam and Ms. Sana Seif, as well as the 22 other detained for their alleged participation in said march and all human rights defenders in Egypt;
iv. Comply with all the provisions of the United Nations Declaration on Human Rights Defenders, in particular with:
– its Article 1, which provides that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels”;
– its Article 5(a): “For the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels (a) To meet or assemble peacefully”
– its Article 6(a), which foresees that “everyone has the right, individually and in association with others, to participate in peaceful activities against violations of human rights and fundamental freedoms”;
– its Article 12.2, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;
v. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Egypt.
Addresses:
· President of the Arab Republic of Egypt, H.E. Abdel Fattah el-Sisi, Abedine Palace, Cairo, Egypt, Fax: +202 23901998
· Prime Minister, Mr. Ibrahim Mehleb, Magles El Shaab Street, Kasr El Aini Street, Cairo, Egypt. Fax: + 202 2735 6449 / 27958016. Email: primemin@idsc.gov.eg
· Minister of the Interior, General Mohamed Ibrahim Moustafa, Ministry of the Interior, El-Sheikh Rihan Street, Bab al-Louk, Cairo, Egypt, E-mail: moi1@idsc.gov.eg, Fax: +202 2579 2031 / 2794 5529
· Minister of Justice, Mr. Mahmoud Saber, Ministry of Justice, Magles El Saeb Street, Wezaret Al Adl, Cairo, Egypt, E-mail: mojeb@idsc.gov.eg, Fax: +202 2795 8103
· Public Prosecutor, Counsellor Hisham Barakat Dar al-Qadha al-Ali, Ramses Street, Cairo, Egypt, Fax: +202 2577 4716
· Mr. Mohamed Fayeq, President of the National Council For Human Rights, Fax: + 202 25747497 / 25747670. Email: nchr@nchr.org.eg
· H.E. Ms. Wafaa Bassim, Ambassador, Permanent Mission of Egypt to the United Nations in Geneva, 49 avenue Blanc, 1202 Genève, Switzerland, Email: mission.egypt@ties.itu.int, Fax: +41 22 738 44 15
· Embassy of Egypt in Brussels, 19 avenue de l’Uruguay, 1000 Brussels, Belgium, Fax: +32 2 675.58.88; Email: embassy.egypt@skynet.be
Please also write to the diplomatic missions or embassies of Egypt in your respective country.
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