Description of the situation:
The Observatory has been informed by reliable sources about the arbitrary detention and judicial harassment of Ms. Malak Al-Kashif, a LGBT+ human rights defender, after calling for peaceful protests to denounce how the Ramses Station Accident [1] was handled by the authorities.
According to the information received, on March 6, 2019, at dawn, members of the National Security forces arrested Ms. Malak Al-Kashif from her home in Giza. She was held for three days in incommunicado detention, until her whereabouts were finally revealed on March 10, 2019. It was then revealed that following more than 24 hours of detention in an unknown location, on March 7, 2019, Ms. Malak Al-Kashif appeared before the National Security Prosecution, where she was charged with “aiding a terrorist organisation” and “misusing social media to commit a crime punishable by law”. The Prosecution then ordered that she be remanded in pre-trial. The renewal of her pre-trial detention is expected to be announced on March 19, 2019. At the moment of publication of this appeal, she was kept in solitary confinement in Al-Haram Police Station and has now access to her lawyer and family. In order to arrest her, it appears that the national security forces forced Ms. Malak Al-Kashif’s mother to call her pretending to be very ill, in order to lure her into going to her apartment.
The Observatory is particularly concerned by the fact that on March 10, 2019, Ms. Malak Al-Kashif was subjected to forced anal examination, which amounts to a form of torture or cruel, inhuman, and degrading treatment [2]. Moreover, according to the same information a police officer sexually harassed her on that same day.
Ms. Malak Al-Kashif’s arrest is reportedly related to her calls for peaceful protests in solidarity with the victims of the Ramses Station Accident and their families. In particular, she has been asking for those responsible of the accident to be held accountable.
The Observatory considers that Ms. Malak Al-Kashif’s arbitrary detention and ill-treatment is particularly concerning in light of the general climate of discrimination and human rights violations against LGBT+ individuals and defenders of their rights in Egypt and fears that she may be subjected to sexual harassment during her detention because of her gender identity.
The Observatory urges the Egyptian authorities to immediately and unconditionally release Ms. Malak Al-Kashif’s, as her detention is arbitrary and only aims at silencing her human rights work and her freedom of expression. In the meanwhile, the Egyptian authorities should ensure the physical and psychological integrity of Ms. Malak Al-Kashif and take all necessary measures to ensure that, during her detention, she will not be subjected to any form of sexual abuse, ill-treatment or discrimination because of her gender identity or to any other form of ill-treatment. As her official documents are still stating her gender as male, it is feared that the authorities will place her in male’s detention centers.
Actions requested:
Please write to the authorities of Egypt asking them to:
i. Guarantee in all circumstances the physical and psychological integrity of Ms. Malak Al-Kashif, and all human rights defenders in Egypt;
ii. Immediately and unconditionally release Ms. Malak Al-Kashif as her detention is arbitrary and merely aimed at punishing her for her human rights activities;
iii. Put an end to all acts of harassment, including at the judicial level, against Ms. Malak Al-Kashif and all human rights defenders in Egypt, and ensure that they are able to carry out their activities without hindrance or fear of reprisals;
iv. Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially Articles 1, 6(c) and 12.2; and
v. More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with the Universal Declaration of Human Rights and with international and regional human rights instruments ratified by Egypt.
Addresses:
· President of the Arab Republic of Egypt, H.E. Abdel Fattah el-Sisi, Fax: +202 2391 1441. Email: p.spokesman@op.gov.eg, Twitter: @AlsisiOfficial
· Prime Minister, Mr. Mustafa Kemal Madbouly Mohamed. Email: pm@cabinet.gov.eg
· Minister of the Interior, Mr. Mahmoud Tawfik, Email: center@iscmi.gov.eg
· Minister of Justice, Mr. Mohamed Hossam Abdel-Rahim, Fax: +202 2795 8103
· Minister of Social Solidarity, Mrs. Ghada Wali, Tel: +202 333 75420
· Public Prosecutor, Counsellor Nabeel Sadek, Fax: +202 2577 4716Head of the Egyptian parliament’s Human Rights Committee, Mr. Alaa Abed, Email: humanrightscomplaints@parliament.gov.eg
· Mr. Mohamed Fayeq, President of the National Council For Human Rights, Fax: + 202 25747497 / 25747670. Email: nchr@nchr.org.eg
· H.E. Mr. Alaa Youssef, Ambassador, Permanent Mission of Egypt to the United Nations in Geneva, Switzerland, Email: mission.egypt@bluewin.ch
· Embassy of Egypt in 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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Geneva-Paris, March 18, 2019
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
The Observatory for the Protection of Human Rights Defenders (the Observatory) was created in 1997 by the World Organisation Against Torture (OMCT) and FIDH. The objective of this programme is to intervene to prevent or remedy situations of repression against human rights defenders. FIDH and OMCT are both members of ProtectDefenders.eu, the European Union Human Rights Defenders Mechanism implemented by international civil society.
To contact the Observatory, call the emergency line:
E-mail: Appeals@fidh-omct.org
Tel and fax OMCT + 41 22 809 49 39 / + 41 22 809 49 29
Tel and fax FIDH + 33 1 43 55 25 18 / +33 1 43 55 18 80
[1] During this accident, at least 25 people were killed and 47 injured in a train crash at Cairo’s main station.
[2] UN Human Rights Council, Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, January 5, 2016, A/HRC/31/57.