Egypt: Sentencing in appeal of Mr. Hassan Mustafa

19/06/2013
Press release

New information
EGY 001 / 0313 / OBS 027.1
Sentencing in appeal / Arbitrary detention
Egypt
June 19, 2013

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 on the following situation in Egypt.

New information:

The Observatory has been informed by reliable sources about the sentencing in appeal of Mr. Hassan Mustafa, an activist defending the rights of detainees in Alexandria, and working on issues such as economic rights and police violence.

According to the information received, on June 15, 2013, an appeal court in Alexandria upheld the conviction of Mr. Hassan Mustafa but reduced the sentence from two years to one year, on charges of defaming a staff member of the Alexandria Prosecutor’s Office, charges which he strongly denied. The Court did not find Mr. Hassan Mustafa guilty on the original charges of assault (see background information), and issued the maximum sentence for defamation. The verdict issued by the appeal court is the last legal recourse available. Mr. Mustafa will continue to serve his sentence in Al Gharbaneyat prison.

The Observatory expresses its deep concern about the sentencing in appeal of Mr. Hassan Mustafa, which it considers as an attempt to prevent his legitimate and peaceful human rights activities, and calls upon the Egyptian authorities to release Mr. Hassan Mustafa immediately and unconditionally since his detention is arbitrary.

Background information:

On January 21, 2013, Mr. Mustafa was arrested as he was in the premises of the Prosecutor’s Office to request information on the situation and whereabouts of demonstrators arrested two days earlier.

On March 12, 2013, he was sentenced to two years’ imprisonment by the Mansheya Misdemeanour Court, for allegedly attacking and defaming a member of the Prosecutor’s Office. During the hearing, the Court reportedly heard only two defence testimonies out of 15. Mr. Mustafa’s lawyer reported in particular that he had witnessed the arrest of his client and denied the fact that the latter had attacked a member of the Prosecutor’s Office on that occasion.

On the same day, his lawyer appealed the sentencing.

Actions requested:

Please write to the authorities of Egypt asking them to:

i. Guarantee in all circumstances the physical and psychological integrity of Mr. Hassan Mustafa and all human rights defenders in Egypt;

ii. Release Mr. Hassan Mustafa immediately and unconditionally since his detention is arbitrary as it seems to only aim at sanctioning his human rights activities;

iii. Put an end to all acts of harassment, including at the judicial level, against Mr. Hassan Mustafa 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 6 (a) and (b), which provides that “everyone has the right, individually and in association with others: To know, seek, obtain, receive and hold information about all human rights and fundamental freedoms, including having access to information as to how those rights and freedoms are given effect in domestic legislative, judicial or administrative systems; and a provided for in human rights and other applicable international instruments, freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms”;

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, His Excellency Mohammad Morsy, Abedine Palace, Cairo, Egypt, E-mail: webmaster@presidency.gov.eg, Fax: +202 23901998
· Prime Minister Mr. Hisham Kandil, 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, 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. Ahmed Mekki, 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 Talaat Abdullah, Dar al-Qadha al-Ali, Ramses Street, Cairo, Egypt, Fax: +202 2577 4716
· National Council For Human Rights, Fax: + 202 25747497 / 25747670
· 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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