Whilst welcoming the sentence given to Hosni Mubarak and the former Minister of Interior Habib El Adly, as a clear message that no one should be above the law, FIDH considers that the judgment does not take into account basic principles of human rights and the acquittal of the six police officers allegedly responsible for giving orders for the killing of 846 protesters at the beginning of the revolution gives a green light for the security services under the authority of the Ministry of Interior to commit serious human rights violations without being held accountable.
FIDH reiterates its call to the Egyptian authorities to engage in a comprehensive process of transitional justice, to bring the perpetrators of serious human rights violations to justice, and to adopt the necessary reforms to prevent further violations.
- Introduction
- The Verdict against Mubarak and El Adly
- On verdicts of acquittal
- On the ongoing trial proceedings against police officers
- Conclusion
- Recommendations
As a reminder, in 2011, FIDH conducted a fact-minding mission covering the period between January 25th and February 11th 2011 in Alexandria, Cairo and Suez and subsequently released a report entitled “The Price of Hope: Human Rights Abuses During the Egyptian Revolution” [1]. The mission interviewed demonstrators, injured victims, relatives of demonstrators who had been killed, human rights, political and religious activists, members of youth groups, lawyers, journalists, medical doctors, the General Prosecutor and the Attorney General.
Tens of thousands of unarmed protesters marched across the country on January 25th and January 28th 2011, and were confronted by brutal force by Central Security Forces (CSF). According to official figures, 846 people died and 6,467 were injured including more than 1,000 people suffering from permanent eye loss. FIDH found evidence that most demonstrators were shot dead in the upper part of their bodies, and their eyes which led to a huge number of ruptured globes.
In its report published in May 2011 [2], FIDH stated that:
“ Information collected during the mission indicates that the police committed crimes of killing and attempted killing of peaceful demonstrators during the revolution, as well as torture during detention. As those crimes were committed on a systematic basis at national level with a similar modus operandi, it demonstrates that an organized plan was set up, at the highest level, to be implemented at street level. Therefore, the whole chain of command should be accountable either for the planning and organization of the killing of demonstrators and torture during detention or for direct participation”.
Then, FIDH went on listing the names of those who should be prosecuted:
“former President Hosni Mubarak, former Ministry of Interior Habib Al Adly, and heads of different police forces such as Hassan Abdel Rahman, the former head of State security intelligence, Adly Fayed, the former head of General security and Ahmed Ramzy, the former head of Central Security Forces . The Prosecution should go down to heads of the security at the governorates level : General Ismael El Shaer for Cairo, General Mohamed Ibrahim for Alexandria, General Mohamed Abdul Hadi for Suez. In accepting the transfer of orders to heads of police stations or policemen in the streets, heads of security at the governorate level are equally responsible for homicides of demonstrators.”
The Verdict against Mubarak and El Adly
After the fall of Mubarak, protesters across the country demanded accountability for the police officers who shot the demonstrators during the revolution. Two fact-finding committees were set up to investigate the killing of the protesters during the revolution. The second fact-finding committee which was established by the National Council for Human rights released its report in March 2011: it put Mubarak and Al Adly as the top officials responsible for the excessive use of force against the demonstrators. Accordingly, in March 2011, the General Prosecutor pressed charges against Al Adly and his three assistants, Hassan Abdel Rahman, the former head of State Security Intelligence, Ahmed Ramzy, the former head of the Central Security Forces, Adly Fayed, the former head of the General Security and General Ismail El Shaer, former director of security in Cairo. The charges included homicide and attempted homicide of demonstrators, as well as other corruption charges.
In April 2011, the General Prosecutor charged Mubarak with complicity in homicide and attempted homicide of demonstrators and ordered his detention. In May 2011, Mubarak was finally referred to trial which started on August 3rd 2011 in the National Cairo Criminal Court. On August 15th 2011, upon the request of the lawyers of the victims, the court announced that it would join the cases of Al-Adly and his aides with the case of Mubarak.
On June 2nd 2012, Judge Ahmed Rifaat delivered the verdict, acquitting all six police officers from the killing and injury of protesters. Mubarak and Al Adly were handed down life sentences for their failure to prevent the killing of the protesters. Mubarak and his two sons were cleared on the corruption charges. The judge cited that no material evidence was presented by the prosecution to prove the guilt of the six police officers for killing the protesters. The judge claimed that the evidence did not prove that the protesters died as a result of live ammunition fired by police officers, and added that the court could not identify the actual perpetrator of the crime, hence it could not prove the relation between the perpetrator and the police officers.
More than a year after the outbreak of protests and the gross violations of human rights involving the government forces, the victims are still waiting for justice to be served. Criminal proceedings against former president Mubarak and former regime officials can be seen as more of a show-trial
and most of the verdicts in the cases of attempted killing and killing of protesters have turned in favor of acquitting the accused police officers. A recurring argument by the judges’ explanation of the innocent verdicts handed down to the police officers was that they were acting in “self-defense” against the protesters outside of the police stations.
In December 2011, a court acquitted six police officers from Sayeda Zeinab for killing six protesters; however in February 2012, the General Prosecutor filed an appeal against this decision. In January 2012, the Court acquitted two police officers accused of killing one protester in Ain Shams. On February27th, 2012, Cairo Criminal Court acquitted two police officers for the attempted killing of two protesters in front of Al Salam 1 police station.
On March 7th 2012, Cairo Criminal Court acquitted three police officers accused of attempted murder and killing protesters in Zawya al-Hamra on 28 January 2011. On March 8th 2012, Cairo Criminal Court acquitted Wael Erfan on charges of killing protesters in front of Al Sharabeya police station. On March 17th, Cairo Criminal Court acquitted 14 police officers on the same charges outside of Shubra and Marg police stations. On March 20th 2012, the court acquitted three police officers on charges of attempted killing and killing of protesters outside Hadayek El Quba police station. The same court handed down one year suspended sentences for 11 police officers.
On March 24th, Cairo Criminal Court acquitted Police Captain Abdel Aziz al-Hamouly who was accused of killing three protesters outside of Wayly Police Station on 28 January 2011. On the 13th of May 2012, North Cairo Criminal Court acquitted Mohamed Sadeq Dewidar from charges of attempted killing and killing of protesters in front of Salam police station.
On the 31st of May 2012, Cairo Criminal Court acquitted 4 police officers for charges of killing 3 protesters and injuring 7 in front of Al Amereya police station. On June 5th, Cairo Criminal Court acquitted a low ranking police officer for the attempted killing of seven protesters in Moqatam. On June 6th 2012, Giza Criminal Court acquitted 14 police officers on charges of killing 6 protesters and attempted killing of 18 protesters in Imbaba and Kerdasa.
Mohamed Abdel Moneim Ibrahim, who was tried in absentia by Cairo Criminal Court last year and given a death sentence for killing 18 protesters and injuring 3 in front of Zawya Al Hamra police station. He got a retrial before the same court and was eventually given 5 years in prison on the 30th of May 2012. On the 7th of March 2012, Ibrahim was acquitted for the killing of protesters in another case against him.
To this day, the only positive outcome stems from the Giza Criminal Court that, on May 22, 2012, sentenced 5 policemen to 10 years in prison for the killing of 5 protesters and injury of 17 in front of Giza and Hawamdeya police stations, even though the same court sentenced two police officers to one year suspended sentences, and acquitted 10 other officers.
Last Sunday, in their reasoning the judges argued that the prosecutors have not been able to identify the perpetrators in order to hold Ministry of Interior’s officials responsible, and that they failed to present evidence that Mubarak and El Adly ever gave a direct order to use deadly force against the protesters.
FIDH is dismayed by the fact that the court based its reasoning on the lack of evidence after it dismissed testimonies and information from eyewitnesses, forensic medical staff, video footage and NGOs reports, saying that they were not convincing. Furthermore, FIDH fears that the sentence rendered on Saturday may open the door for a retrial or an acquittal from the charges when appealed, citing the sentences given to the six police officers.
Moreover, it should be reminded that the under international human rights law and international criminal law, a military commander and civil superior should be criminally responsible for the crimes committed by their subordinates under his control as a result of his failure to prevent or repress such acts. In the present situation, the police was directly under the control of Mubarak and El Adly, who knew the repression that was ongoing and failed to exercise control properly over them. [3]
In this respect, FIDH recalls that according to the Egyptian constitution, the President of the Republic is the Head of State and the Supreme Chief of the police, and as such the Head of the Supreme Council of police forces. The Chief of State and the Minister of Interior are responsible both politically for all actions related to security taken by the government and legally for those actions taken by their subordinates, under their supervisory role.
FIDH considers that Hosni Mubarak’s trial does and should not preclude a broader process of transitional justice that would allow a thorough examination of the human rights abuses committed under his regime. The Egyptian authorities should define a broader framework of transitional justice providing for truth-telling process on the crimes committed during the revolution and during Mubarak’ rule bringing perpetrators of grave human rights violations to justice, defining a reparation framework for victims of human rights violations, and proposing reform of the institutions and the judiciary, aiming at preventing the repetition of such violations in the future.
On the ongoing trial proceedings against police officers
In the case regarding the police officers responsible for the killing of protesters in Alexandria, the General Prosecutor pressed charges against General Mohamed Ibrahim, former director of security in Alexandria, General Adel El Lakani, the former head of the Central Security Forces, Wael El Komi, head of the Investigative Police Unit at the Raml 2 Police Station, Mutaz Al Askalani, assistant police investigator in the Gomruk district, Mohamed Saafan, assistant police investigator in the Montaza 2 disctrict, and Mostafa El Dami, assistant police investigator in Mehrem Bek police station. They are charged with homicide, attempted homicide and the destruction of public and private property.
On March 11th 2011, Counsel Yasser El Rifae ordered the release of Mohamed Ibrahim and Adel Lakani pending investigations. On the same day, the Prosecution ordered the detention of Wael El Komi, Mohamed Saafan, Mutaz Al Askalani; those officers confessed firing live ammunition at the protesters. The investigations concluded that 4,000 bird-shot pellets were fired at public squares, as well as live ammunition aimed at protesters outside of the police stations which led to the death of 96 and the injury of 490 people. Counsel Yasser El Rifae, 1st Attorney General, referred the above-mentioned officers to Alexandria’s Appeal Prosecution.
On June 21st 2011, the Court adjourned the trial to the 17th of October in order to hear the requests of the defense and witnesses, and ordered the release of Wael El Komi, Mohamed Saafan and Motaz El Askalani. On October 17th, the trial was adjourned to December 20th, when it was again adjourned to March 2012. On the 21st of March 2012, the court adjourned the trial indefinitely as the security of the court room was no longer maintained. On April 14th 2012, the court scheduled the next hearing of the case to the 17th of June 2012.
During the 8 July 2011 sit-in in Tahrir square, succumbing to public pressure to restructure the Ministry of Interior, the Minister of Interior at the time, Mansour El Eissawi ordered a massive reshuffle of the Ministry, specifically for those officers accused of killing protesters. Wael El Komi, who is still under going trial, has been transferred to the General Electricity Administration where he was given a higher position and a salary raise. Mutaz Al Askalani was transferred to the Police Academy, Mohamaed Saafan was transferred to the General Police Administration and Mostafa El Dami was transferred to the Training Department. It is worthy to also note that all these administrations are known for their higher financial privileges. These police officers who are currently being tried for the abuses committed during the revolution have not been suspended from their work, but rather have been promoted to other positions with higher salaries.
Moreover, in Suez, on 25th of March 2011, the General Prosecutor charged 14 police officers including Mohammad Abdul Hadi, former head of Suez security, Mohamed Adel, head of the investigative unit in Suez, Mohammed Azab, head of the investigative unit in Arba’in, and Mohamed Saber, head of investigations for Suez security, Hesham Hussein, Alaa El Din Abdulla, Ismail Hashem, Mohamed Azab, Marawan Tawfiq, Ahmed El Nemr, Kandil Hassan, and the businessman Farag Abdel Rehim and his three children, for homicide and attempted homicide of protesters. The above mentioned persons are accused of killing 26 and injuring 320 people.
On the 4th of July 2011, the court adjourned the trial to the 14th of September and ordered the release of seven of the defendants. The trial was ordered to move from Ismaileya to Suez upon the request of lawyers of the victims, which led to the delay in the hearings, and the next hearing is scheduled to be held on the 29th of July 2012. In January 2012, four other defendants were released on bail.
FIDH reaffirms that a system based on the rule of law and the fight against impunity should be the priority of the Egyptian new authorities.
Victims and their families have been hoping for the Judiciary to provide them with justice and reparation. Unfortunately justice appears to remain at the core of the main challenges faced by post-Mubarak Egypt.
The current system has long been denounced by human rights groups as it entails a culture of impunity and lacks proper mechanisms to fairly prosecute cases of multiple defendants, especially where the state is involved.
Justice reform should stand among the first priorities of the new parliament and provide for a legal framework for the protection of victims and witnesses, especially in cases involving the security apparatus. As a matter of fact, in cases involving police officers , retaliation against the victims and their families is highly likely. Several cases of threats to the families and monetary offers in exchange of dropping the charges have been reported over the last months. In addition, several of the accused police officers have been set free on bail which further jeopardizes the safety of the witnesses .
Furthermore, the opening of an investigation in cases involving police officers should immediately lead to the suspension of those officers. On the contrary, we have noticed that despite the criminal proceedings against them, many police officers have continued in their posts, if not promoted. This enforces the culture of impunity of police officers that has prevailed over the past decades; the same culture against which hundreds of thousands of Egyptians took to the streets in January 2011.
In this regard, FIDH is urging the Egyptian Judiciary to keep on prosecuting before ordinary criminal courts and sentence those responsible for the crimes committed during the revolution and to rely on the documentation and the elements of proof collected by the numerous human rights groups and lawyers who have been investigating human rights abuses during and since the Egyptian revolution.
The transition remains the major challenge for the Egyptian society and is a source of hope as well as anxiety among the Egyptian people. The major challenges for the democratic transition stand in the setting up of democratic institutions with enough safeguards to prevent the repetition of serious human rights violations. A system based on the rule of law and the fight against impunity and the constitutional guarantees of a fair trial should stand among the first priorities of the new parliament.
FIDH welcomes the end of the state of emergency as of May 31, 2012; nevertheless, it recalls that all those detained under the emergency law should be released or charged with a recognizable crime and tried before civilian courts meeting international fair trial standards.
Egypt should also take the opportunity to ratify and implement the human rights conventions that were left outside of its legislative system and implement carefully recommendations issued by human rights bodies in their reports on Egypt.
FIDH reiterates some of its recommendations and urges the Egyptian authorities to :
On accountability and prosecution:
- Keep on prosecuting before ordinary criminal courts and sentence those responsible for the crimes committed during the revolution;
- Heads of all the security agencies at the national level and at the governorate level, at the beginning of the Revolution until the SCAF took power, should be investigated and prosecuted for their role in the repression of the uprising but also for the alleged serious human rights abuses committed under the former regime. The General Prosecutor should examine complaints that were lodged in the past by human rights activists or individuals involving serious human rights abuses committed by these three security forces;
- Ensure that the Ministry of Interior cooperates fully with any investigation by the prosecutor into abusive behavior by Ministry of Interior officers by ordering officers to respond promptly to prosecution summons and providing access to Ministry of Interior documents and archives;
- Amend the Code of Criminal Procedure to allow victims of serious human rights violations to file private criminal suits against those responsible;
- FIDH warns of the dangers of expedite judicial proceedings and urges the authorities to fully investigate the cases and to guarantee the right to a fair trial for all the accused which implies public hearings in front of a competent, independent and impartial tribunal, established by law. The judgment issued should be made public. This also implies that civilians should be prosecuted in front of civil court rather than military court;
On Detention and fair trial:
- Release all those detained under the emergency law, or charge them with a recognisable crime and try them before civilian courts meeting international fair trial standards;
- Human rights abuses committed by army soldiers during and after the uprising should be investigated and those responsible prosecuted;
- Civilians shall not be prosecuted before military courts but rather before ordinary criminal courts and their right to a fair trial shall be guaranteed;
- All civilians sentenced by military tribunals should be retried before regular criminal courts;
- The right to a fair trial shall be guaranteed to anyone, including to members of the former regime.