Jun 21, 2015 | News
Today, one year on from the arrest and detention of human rights lawyer Yara Sallam and 22 peaceful demonstrators, the ICJ calls for their immediate and unconditional release.
On 21 June 2014, Yara Sallam, together with 22 others, was arrested and detained in the context of a peaceful demonstration in Heliopolis, Cairo.
“The Egyptian authorities must end their campaign to silence human rights defenders and all those suspected of opposing the military and the government through politically motivated prosecutions and trials,” said Said Benarbia, Director of the ICJ Middle East and North Africa Programme.
To this end, they must immediately and unconditionally release Yara Sallam and the 22 other detainees,” he added.
The demonstrators were calling for the revocation of Law No. 107 of 2013, on public meetings, processions and protests, and the release of all those detained under it.
They were forcibly dispersed by security forces and men in civilian clothes.
The ICJ has previously noted that this law is contrary to Egypt’s obligations under international law.
It imposes overly restrictive limitations on the exercise of the right to freedom of assembly and it grants sweeping powers to security forces to disperse non-violent protests, including authorizing the use of lethal force when it is not strictly necessary to protect lives, the Geneva-based organization says.
On 26 October 2014, the 23 accused were convicted by the Heliopolis Misdemeanour court and sentenced to three years in prison and three years of police monitoring on charges of, among other things, “participating in a procession of more than five people that put public safety in danger with the aim of committing the crimes of assault on people and property and influencing public authorities in their duties by using force and violence.”
Two months later, the Court of Appeal upheld the convictions, while reducing the sentence to two years imprisonment and two years of police monitoring. A challenge before the Court of Cassation is pending.
The trial of the 23 defendants violated their rights to a fair and public hearing under international law, including the International Covenant on Civil and Political Rights, a key human rights treaty ratified by Egypt in 1982.
Their lawyers were prevented from cross-examining witnesses. Members of the public, including family members, were prohibited from entering the courtroom, without any valid reason.
Further, based on its review of the case file and court judgments, the ICJ is also concerned that both courts convicted the accused in the absence of any substantial or credible evidence of the guilt of any of the 23 defendants, and without seeking to establish the personal criminal responsibility of each individual accused.
Contact:
Alice Goodenough, Legal Adviser of the ICJ Middle East and North Africa Programme, t: +44 7815 570 834 ; e: alice.goodenough(a)icj.org
Nader Diab, Associate Legal Adviser of the ICJ Middle East and North Africa Programme, t: +41 78 89 41 877 ; e: nader.diab(a)icj.org
Egypt-Release Yara-News-Press release-2015-Arabic (full text in PDF, Arabic)
Jun 16, 2015 | News
The ICJ deplores the decision of the Cairo Criminal Court to confirm the death sentences for over 100 persons following a grossly unfair trial.
The ICJ is calling upon the Egyptian authorities to desist from carrying out the executions and to provide an effective remedy for the human rights violations.
On 16 May, the Cairo Criminal Court had already recommended deaths sentences for more than 120 accused persons.
Today, having received the opinion of the Grand Mufti of Egypt (whose secret, non-binding opinion must be sought in all death sentence cases before they are confirmed) the Cairo Criminal Court confirmed the death sentences of more than 100 accused, including former President Mohamed Morsi and numerous other senior officials from the outlawed opposition group, the Muslim Brotherhood.
“Egypt must immediately end the imposition of mass death sentences and halt all executions of all individuals sentenced to death following unfair trials,” said Said Benarbia, Director of the ICJ’s Middle East and North Africa Programme.
“Egyptian judges are once again contributing to egregious violations of the right to life instead of protecting against, preventing and punishing arbitrary deprivation of life,” he added.
The sentence was imposed following convictions on various charges in two separate cases, including “murder”, “carrying out acts that compromise the independence of the country”, “abduction of police officers”, “collusion with a foreign organization to carry out terrorist activities in Egypt” and “carrying heavy weapons to resist the Egyptian state”.
As previously noted by the ICJ, the trial of the convicted persons violated numerous basic fair trial guarantees.
Many of the accused were denied access to counsel during detention, with some being held incommunicado for months.
Defendants had rights of defence violated, including denial of the right to call and to cross-examine witnesses.
The accused were convicted despite a lack of substantial and credible evidence of proof beyond reasonable doubt of the individual guilt of each accused.
Furthermore, the accused will not have the opportunity to have their conviction and sentence reviewed by a higher tribunal.
Under Egyptian law decisions of felonies courts can only be challenged before the Cassation Court, which examines the proper application of the law by the lower court only and cannot review the merits of the case.
This decision is one of a string of cases in which mass death sentences have been meted out against perceived opponents of the regime. Other cases are ongoing.
The Cairo Criminal Court is currently hearing the “Ansar Beit Al Maqdis” case in which more than 200 accused are charged with serious crimes, including the murder of 50 police officers, the attempted assassination of the interior minister and espionage on behalf of the foreign organization Hamas.
According to one of the defence lawyers, the majority of the accused were held incommunicado for between four and six months and were denied access to counsel.
Information allegedly extracted using torture and other ill-treatment has been relied on as evidence in court. If found guilty, the accused could be sentenced to death.
Egypt has carried out the death sentence against at least 12 people in 2015 despite calls by the African Commission on Human and Peoples’ Rights to refrain from carrying out the death penalty.
The recent issuance of mass death sentences in the country has been condemned by UN human rights experts, who called them “a profound disgrace”.
The ICJ opposes the use of the death penalty in all circumstances as a violation of the right to life and a form of cruel, inhuman and degrading punishment.
The UN General Assembly has called repeatedly, by a large majority, for all retentionist States to impose a moratorium on the use of the death penalty, with a view to abolishing the practice. The ICJ urges the Egyptian authorities to heed this call and desist from carrying out further executions.
Contact:
Alice Goodenough, Legal Adviser of the ICJ Middle East and North Africa Programme, tel: 44 7815 570 834, e-mail: alice.goodenough(a)icj.org
Nader Diab, Associate Legal Adviser of the ICJ Middle East and North Africa Programme, tel: 41 229 793 804, e-mail: nader.diab(a)icj.org
Egypt-Morsi confirmation of sentence-News-Press release-2015-ENG (full text of press release, Arabic)
May 18, 2015 | News
The ICJ condemns ongoing egregious human rights violations, including the right to life by the Egyptian authorities and facilitated by unfair judicial proceedings.
Yesterday, six men were executed following their conviction in an unfair trial by a military court and confirmation of the death sentences by the President of the Republic, Abdel Fatah Sissi, on 24 March 2015.
The men were part of a group of nine individuals accused of participating in attacks on security services and killing two officers of the armed forces on 19 March 2014.
Their conviction through military proceedings violated their right to a fair trial by a competent, independent and impartial tribunal.
Military court judges in Egypt are appointed by the Minister of Defense and are subject to military discipline procedures. By the very constitution of this court, in addition to by the manner in which the trial procedures were conducted, the defendants were denied the right to a fair trial under international standards.
All of the accused alleged that they had been subjected to torture and other ill treatment, as a result of which one of them was reported to have suffered a broken thigh and fractured knee.
Rights of defence were undermined, including the ability to have confidential access to a lawyer.
Furthermore, three of the accused were reportedly already in detention at the time the attacks they were convicted of participating in took place.
The executions came just a day after the decision on 16 May by the Cairo Criminal Court to recommend deaths sentences for more than 120 accused persons, including former President Morsi.
The cases have been referred to the mufti, the highest official religious authority in Egypt for confirmation.
This decision relates to two separate cases in which the accused, including Mohamed Morsi and other senior officials from the Muslim Brotherhood, were convicted of numerous charges.
These include, “murder”, “carrying out acts that compromise the independence of the country”, “abduction of police officers”, “collusion with a foreign organization to carry out terrorist activities in Egypt” and “carrying heavy weapons to resist the Egyptian state”.
The criminal proceedings that led to Saturday’s verdict follow grossly unfair trials.
The ICJ considers that in the trial and sentencing the defendants, the Egyptian authorities have acted in breach of Egypt’s obligations under international human rights law, including those relating to the right to life, the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, and fair trial rights.
Many of the accused were denied access to counsel during detention, with some of them held incommunicado for months. Mohamed Morsi’s whereabouts were unknown from 3 July 2013 to November 2013.
The accused’s defence rights were largely undermined, including by curtailing the right to call and examine witnesses.
Further, during the entirety of the proceedings, prosecutors failed to provide substantial and credible evidence to support the charges against the accused, relying heavily on police and intelligence reports.
Reviewing numerous judgments issued in the context of similar mass trials resulting in death sentences, the ICJ has found a systematic failure of the courts to establish the individual guilt of each accused based on credible evidence.
Saturday’s judgment appears to continue this trend.
Further, under Egyptian law, decisions of felonies courts are not subject to appeal.
They can only be challenged before the Cassation Court, which does not look at the merits of the case but rather only the proper application of the law by lower courts.
“The imposition and execution of death sentences following such grossly unfair trials amount to a summary execution, a serious crime under international law,” said Said Benarbia, Director of the ICJ Middle East and North Africa programme.”
“Rather than contributing to serious human rights violations, Egyptian judges should preserve the dignity of their office and act in defence of the rule of law and human rights, not as a tool of repression,” he added.
The ICJ opposes the use of the death penalty in all circumstances as a violation of the right to life and a form of cruel, inhuman and degrading punishment.
The African Commission on Human and Peoples’ Rights has called on Egypt recently to refrain from carrying out the death penalty as it amounts to a violation of the right to life.
The UN General Assembly has repeatedly, by a large majority, called for a moratorium on its use.
Contact:
Alice Goodenough, Legal Adviser of the ICJ Middle East and North Africa Programme, t: +44 7815 570 834, e: alice.goodenough(a)icj.org
Nader Diab, Associate Legal Adviser of the ICJ Middle East and North Africa Programme, t: +41 229 793 804, e: nader.diab(a)icj.org
Egypt-Executions and mass death sentences-News-Press releases-2015-ARA (press release in Arabic, PDF)
Apr 24, 2015 | News
The ICJ today called on the Egyptian authorities to ensure a prompt, impartial and effective investigation into the deaths of two lawyers, Imam Afifi and Karim Hamdi, who recently died while in police custody in Mataria police station.
The ICJ is deeply concerned that the deaths of Imam Afifi and Karim Hamdi while in police custody are part of a widespread and sustained campaign targeting hundreds of lawyers since 2013, including those defending political opponents of the regime and human rights activists, as well as lawyers exercising their rights to freedom of assembly and expression.
“The Egyptian authorities must effectively investigate and prosecute all those responsible for the alleged torture and death of Imam Afifi and Karim Hamdi while in police custody and must hold accountable any person responsible for wrongful conduct ,” said Said Benarbia, Director of the ICJ MENA Programme.
“The authorities must bring an end to their ongoing campaign of harassing and persecuting lawyers, including arbitrary arrests and prosecutions, for simply discharging their professional duties or for speaking out against human rights violations,” he added.
Under international standards, lawyers should be able to carry out their professional duties free from hindrance, intimidation, harassment or interference, says the ICJ.
They should not be identified with their clients or their clients’ causes or subject to arbitrary arrest and prosecutions as a result of the discharge of their functions.
Background:
On 10 April, Imam Afifi, a 63-year old lawyer, was assaulted and arrested in the Mataria neighborhood where a demonstration was taking place against the government.
He was detained in Mataria police station where he was allegedly subjected to torture, including a severe beating to his head.
On 11 April, he was transferred from the police station to Mataria hospital.
A medical report from the same day, to which the ICJ had access, indicates that Imam Afifi was admitted to the hospital with a massive trauma to the head. He died in hospital on 22 April.
On 22 February, another lawyer, Karim Hamdi, was arrested and questioned on suspicion of belonging to the Muslim Brotherhood, membership of which has been outlawed, and participating in an unauthorized demonstration against the government.
While in police custody in Mataria police station, he was reportedly severely beaten on his neck, chest and abdomen. He died two days later after being transferred to hospital.
Following a complaint by the Bar Association to the prosecutor’s office, two members of the National Security Agency were charged with torturing and murdering Karim Hamdi.
Additional information:
According to information available to the ICJ, attacks against lawyers since 2013 include the following:
On 23 April 2015, six lawyers were summoned for interrogation in relation to their participation in a demonstration on 9 March to protest against the death of Mr Karim Hamdi.
The lawyers also challenged the prosecutor’s decision to prohibit anyone from reporting on the investigation into Mr Hamdi’s case.
On 23 March 2015, human rights lawyer, Azza Soliman, was charged with breaching public order and security under the 2013 Demonstration Law after voluntarily providing testimony against police involved in the killing of Social People’s Alliance party activist, Shaimaa El Sabbagh, on 24 January 2015.
The Qasr El Nile Prosecution Office in Cairo subsequently changed her status from witness to defendant.
On 9 February 2015, a human rights lawyer, Ms Mahienour El Massry, was sentenced to two years imprisonment after she attended the El-Ramel police station in Alexandria, in March 2013, in order to defend demonstrators.
The charges against her included “insulting government employees in the performance of their duties”, “insulting representatives of the authorities” and “attempting to break into a police station”.
Three lawyers, Basma Zahran, Mahmoud Bilal and Oussama Al Mahdi, were referred for investigation, on 3 September 2014, for “disrupting and causing trouble” during trial proceedings for insisting that their client, the human rights activist Ahmed Douma, seated in a sound-proof glass cage, should be heard.
On 5 July 2013, Abdel Men’em Abdel Maqsoud was arrested while attempting to attend the interrogation of his clients, deputy Secretary General of the Muslim Brotherhood, Rachad Bayoumi, and Mohamed Saad Al Katanah.
He was detained before being released on bail on 2 September 2014.
Contact:
Alice Goodenough, Legal Adviser of the ICJ Middle East and North Africa Programme, t: 44 7815 570 834, e: alice.goodenough(a)icj.org
Nader Diab, Associate Legal Adviser of the ICJ Middle East and North Africa Programme, t: 41 229 793 804, e: nader.diab(a)icj.org
Egypt-Deaths of lawyers-News-Press release-2015-ARA (full text of Arabic version in PDF)
Apr 14, 2015 | News
The ICJ is deeply concerned over the decision of the High Judicial Council and the President of the Cairo Court of Appeal to investigate two judges with a view to referring them to the disciplinary Council.
Media reports have indicated that Assem Abdel Jabar, deputy president of the Cassation Court, and Hicham Raouf, a judge in Cairo’s Appeal Court, are being investigated over their individual participation, together with other leading lawyers and legal experts, in a workshop organized by an Egyptian organization, United Group, to discuss and propose new legislation on the prevention of torture.
According to information available to the ICJ, the two judges have so far not been formally notified of any charges against them and have received no information about the allegations on which they are based.
The actions against these judges continue a pattern of intimidation and attempted silencing of judges who are seen by authorities as not aligning themselves with government objectives.
The apparent investigation is only the latest in a string of cases where judges have been subject to arbitrary disciplinary proceedings for legitimately exercising their rights to freedom of expression and assembly.
On 14 March 2015, the Disciplinary Council forced 31 judges into retirement for signing a statement, on 24 July 2013, which criticized the “attack on the constitutional legitimacy and the ouster of the legitimate president that was elected”.
The disciplinary proceedings against these judges were marred with violations of due process rights.
The judges were not adequately informed of the date and location of the hearings, defence witnesses were not called and requests by the judges that the hearings be public were disregarded.
On 4 April 2015, a disciplinary hearing took place against Zakaria Abdelaziz, former president of Egypt’s Judges Club and one of the leading advocates for judicial independence in Egypt.
The charges alleged “involvement in politics” and “breaking into the State Security Building during a demonstration on 5 March 2011”.
According to information available to the ICJ, the case files were not made available to Zakaria Abdeaziz until the first hearing despite repeated requests to obtain them.
Under international human rights law and standards, judges are guaranteed the right to freedom of belief, association, assembly and expression, including by commenting on matters of public concern and matters pertaining to the rule of law and human rights situation in a country.
“Instead of subjecting judges to arbitrary proceedings for lawfully exercising their rights, the Egyptian authorities should stop its sustained campaign to muzzle judges who are seen as not friendly to the authorities,“ said Said Benarbia, Director of the ICJ MENA programme. “The Egyptian authorities must reinstate all judges who were removed from office solely for exercising their rights to freedom of expression and assembly and drop all charges against those currently subject to disciplinary proceedings for charges stemming from the exercise of these rights.”
Contact:
Alice Goodenough, Legal Adviser of the ICJ Middle East and North Africa Programme, t: +44 7815 570 834, e-mail: alice.goodenough(a)icj.org
Nader Diab, Associate Legal Adviser of the ICJ Middle East and North Africa Programme, t: +41 229 793 804, e-mail: nader.diab(a)icj.org
Egypt-Judges harassed-News-web story-2015-ARA (full text in PDF)
