New information
EGY 002 / 0614 / OBS 058.1
Arbitrary detention / Judicial harassment /
Obstacles to freedom of peaceful assembly
Egypt
June 27, 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), has received new information and requests your urgent intervention in the following situation in Egypt.
New information:
The Observatory has been informed by the Egyptian Initiative for Personal Rights (EIPR), about the indictment of 24 activists and human rights defenders, detained since June 21, 2014 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”) and for the release of those detained under said law. Those indicted include women human rights defenders Ms. Yara Sallam, Transitional Justice Officer at EIPR, and Ms. Sana Seif, a member of the “No to Military Trials for Civilians” movement and sister of the imprisonment blogger Mr. Alaa Abdel Fattah.
According to the information received, on June 25, 2014, the Heliopolis Public Prosecution transferred the case of the 24 activists to the Heliopolis Misdemeanor Court, which scheduled the first hearing for June 29, 2014.
The Prosecution has included 12 provisions in the indictment order of the 24 activists: articles 162, 361, 375(bis), 375(bisA) of the Penal Code, articles 1 to 4 of Law 10 for 1914 on Gatherings; and articles 7, 8, 19, 21 of Law No.107 for 2013 on demonstrations and public rallies. These provisions include: “participating in an unauthorised demonstration whose aim was to stop the implementation of the law and influence the effectiveness of the public authorities during the carrying out of their work”; “organising a demonstration without prior notice as stipulated by the law and participating in a demonstration that breached and threatened public security and the interests of citizens and disrupted transportation and transgressed public and private property”; “using force and violence to terrorise and intimidate citizens”; and “deliberately destructing property owned by the aggrieved party as proven through investigations”.
On June 24, 2014, the two women human rights defenders as well as five other women activists had been transferred to Qanatir Prison, 15 male detainees to Tora Prison, and one juvenile to Al-Marg juvenile prison. This followed the extension by the prosecution of the detention of these 23 individuals on June 23, 2014 for four days, as well as the release on bail of another one on the same day (see background information).
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 deepest concern regarding the ongoing arbitrary detention and judicial harassment of Ms. Yara Sallam, Ms. Sana Seif and the other above-mentioned activists, which seem 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.
Background information:
On June 23, 2014, the Heliopolis Prosecution Office ordered the detention until June 25, 2014 of Ms. Yara Sallam, Ms. Sana Seif as well as 21 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 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.
During her interrogation, Ms. Sallam was questioned about the nature of her work and about EIPR’s management.
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 21 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 21 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 others indicted 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.