Egypt: ICJ condemns further mass death sentences
The ICJ strongly condemns two rulings by the Minya Criminal Court issued today. In the first ruling, the court convicted and sentenced to death 683 individuals.
Egypt: Courts should not be used as a tool of repression
The ICJ today strongly condemned the decision of the Criminal Court of Minya to convict 529 individuals and to sentence them to death.
The individuals were sentenced for “participating in an attack on a police station in Minya,” “murder of a police officer,” “attempted murder of two other officers,” “seizing weapons” and “damaging public property”.
The verdict comes against a backdrop of a continuing crackdown on individuals suspected of supporting the ousted President, Mohamed Morsi, or being members of the Muslim Brotherhood, an organization officially designated by the military and other transitional authorities as a terrorist organization.
The verdict followed a two-day trial that disregarded fundamental fair trial standards.
The first hearing lasted 30 minutes, while the second lasted one hour.
International law is clear: the imposition of the death penalty following an unfair trial violates the right to life.
The ICJ calls on the Egyptian authorities to extinguish the convictions resulting from this trial and ensure that those arrested, prosecuted and convicted for the legitimate exercise of their rights to freedom of association and assembly are immediately released.
“The Minya trial made an absolute mockery of justice, violating basic human rights, including the rights to life, to liberty, to be presumed innocent and to defence,” stated Said Benarbia, Director of the ICJ Middle East & North Africa Program. “Even with Egypt’s long history of unfair trials and systematic politicization of the judiciary, the Minya trial sets a new low, and could be dangerous precedent for mass convictions following mass trials against government critics.”
The ICJ is deeply concerned that this trial is a part of a deliberate policy by the Egyptian authorities to use the courts and the Office of the Public Prosecutor to arrest, prosecute, convict, and imprison opponents of the current authorities.
The ICJ is also concerned that this policy effectively shields from accountability police, security, and military officers responsible for human rights violations committed in the context of the crackdown that followed the ouster of President Morsi, including the killings of more than 1200 people, in particular during the dispersal of the Rabaa Al-Adawyia and Annahda pro-Morsi sit-ins on 14 August.
No effective investigation has yet been conducted into these killings, and the perpetrators remain unpunished.
“In times of crisis, judges and prosecutors must safeguard and uphold human rights and fundamental freedoms, not act as tools of repression by prosecuting and convicting individuals for the legitimate exercise of their rights” said Benarbia.
“The Egyptian authorities must respect the independence of judges and prosecutors and refrain from any undue, inappropriate or unwarranted interference in judicial matters,” Benarbia concluded.
Contact:
Said Benarbia, ICJ Director of the Middle East and North Africa Programme, tel: 41 22 979 38 17, e-mail: said.benarbia(a)icj.org
Egypt: investigate and address human rights abuses following the ouster of President Morsi
The ICJ calls on Egyptian authorities to conduct a thorough, effective, independent and impartial investigation into the unlawful and excessive use of force by security and armed forces, in particular during the dispersal of the Rabaa Al-Adawyia and Annahda pro-Morsi sit-ins on 14 August.
The statement comes as the ICJ concluded a high-level mission on 29 August to assess the human rights and rule of law situation in Egypt following the ouster of President Mohamed Morsi by the armed forces.
The use of live ammunition to disperse the sit-ins and against pro-Morsi protesters has resulted in the deaths of more than 1000 individuals, most of which appear to amount to unlawful killings.
The investigation should also examine violent attacks by some pro-Morsi supporters, including the use of firearms, against security officers, police stations, and bystanders, and attacks on religious minorities, in particular Christians, their churches, buildings, and homes.
“The Egyptian authorities should investigate the unlawful use of live ammunition against protesters with a view to holding the perpetrators to account, providing remedy and reparation to the victims, and ending the impunity the security and armed forces have enjoyed over human rights abuses,” said ICJ Commissioner Kalthoum Kennou. “In policing demonstrations, security must act to safeguard the right to life, in particular by ensuring that the decision to use lethal firearms is made only when strictly unavoidable in order to protect life.”
The ICJ is also concerned that following the crackdown, thousands of people were arrested under conditions that violate due process guarantees, in particular the rights to have access to a lawyer and to family members.
Hundreds are also reportedly missing and the ICJ fears many of them have been subjected to enforced disappearance.
Hearings for renewing pre-trial detentions orders are conducted in prisons and, as a result of the large number of detainees, most are either not represented by legal counsel, or are not able to have access to and to consult with their lawyers. Many of the detainees are being held arbitrarily under administrative detention, the ICJ further notes.
“The Egyptian authorities must ensure the rights of those arrested to liberty, security of person, to have access to lawyers and family members and to challenge the lawfulness of their detention, ” said ICJ Commissioner Shawan Jabarin ” the Egyptian authorities must fully communicate the list of all the detainees, their places of detentions and the fate and whereabouts of the hundreds who are reportedly missing. They must also comply with their legal obligations under international law and ensure that no one is subjected to enforced disappearance.”
The Office of the Public Prosecutor has charged thousands of individuals who were arrested following the ouster of president Morsi and the dispersal of the sit-ins, including with “ attempted murder”, “opposing authorities”, “attacking law enforcement officials”, “causing disorder”, “blocking roads” and “throwing Molotov cocktails at the police”.
The office also charged President Morsi and his advisers, including leaders of the Muslim Brotherhood, with, among other charges, “inciting followers to commit premeditated murder, use of force, use of firearms and illegal attacks on authorities.”
Moreover, seventy-five judges who called for the reinstatement of former President Morsi have been investigated by an investigating judge, appointed by the Minster of Justice, for “backing a particular political party and deviating from judicial traditions and its values of neutrality, impartiality and non-partisanship.”
The ICJ notes, however, that neither the Office of the Public Prosecutor nor the Minister of Justice have so far investigated, ordered the investigation, or brought criminal action for the unlawful killings of protesters by armed and security forces following the ouster of President Morsi.
In meetings with the ICJ delegation, state officials, including the Minister of Justice, argued that the use of live ammunition and lethal force to disperse sit-ins was legitimate and in line with both national and international standards.
“In times of crisis, judges and prosecutors must safeguard and uphold the rule of law, not curtail the enjoyment of fundamental rights and freedoms,” said Said Benarbia, ICJ Senior Legal Advisor for the Middle East & North Africa Programme.
“The Egyptian authorities must therefore ensure that the Office of the Public Prosecutor and courts are not politicized or used as a means to crackdown on political opponents and protesters, or to shield armed and security officials responsible of human rights abuses from accountability,” Benarbia added.
Contact:
Said Benarbia, ICJ Senior Legal Adviser of the Middle East and North Africa Programme, tel: 41 22 979 38 17, e-mail: said.benarbia(a)icj.org
Additional information:
The ICJ delegation was led by Justice Kalthoum Kennou, judge at the Tunisian Cassation Court and ICJ Commissioner, and Mr. Shawan Jabarin, ICJ Commissioner and General Director of Al-Haq, an ICJ affiliate in the occupied Palestinian territories. The delegation met with Minister of Justice Adel Abdelhamed Abdullah, Minister of Transitional Justice and National Reconciliation Amin El Mahdi, members of the judiciary, including President of the Judges Club Ahmed El Zend, lawyers, civil society, and families of victims of human rights violations after the dismissal of former President Mohamed Morsi.
Egypt: Army and security forces must end unlawful and lethal use of force in violent crackdown on protesters
The ICJ today called on the Egyptian authorities to put an end to its use of unlawful and lethal force as it pursues an excessive and violent crackdown on protesters.
The ICJ also called on the authorities to promptly, impartially and fully investigate the allegedly unlawful killings of more than 80 people who were reportedly fired on by security forces in a rally in Cairo in support of ousted President Mohamed Morsi on 27 July.
Large-scale rallies were held when the head of the armed forces, General Abdel Fattah El Sisi, called on citizens to grant the military a mandate to fight “terrorism and violence”.
The ICJ is also concerned at reports indicating that the government may be poised to grant arrest powers to the Egyptian Armed Forces.
“The Egyptian authorities must promptly, fully, and impartially investigate the actions of the security of forces, involving alleged unlawful killings and ill-treatment of protesters with a view to holding accountable those responsible,” said Wilder Tayler, ICJ Secretary General. “The authorities must also ensure that, in accordance with international law and standards, security officers exercise force only in a proportionate manner and may use lethal force only when strictly unavoidable to protect lives.”
Since the unlawful seizure of power by the Army and the ouster of President Morsi, more than 130 persons said to be supporters of the former President have reportedly been killed as a result of the unlawful and disproportionate use of force by security forces, including firing with live ammunition.
The ICJ is concerned that the ongoing attacks on protesters, and the impunity that continues to prevail over them, will further contribute to the deterioration of the rule of law and the human rights situation in Egypt.
To prevent such deterioration, the Egyptian Army must carry out its security functions so as to protect the enjoyment and legitimate exercise of human rights by all. It must also ensure a quick and steady transition of power to a legally constituted civilian authority.
Contact:
Said Benarbia, ICJ Senior Legal Adviser of the Middle East and North Africa Programme, tel: 41 22 979 38 17, e-mail: said.benarbia(a)icj.org
Photo by Samaa TV
Egypt: army and government authorities must uphold human rights and the rule of law
The ICJ called on the Egyptian authorities, including the army, to uphold the rule of law and democratic principles and take immediate and effective measures to prevent the deterioration of the human rights situation.
The statement came as the head of the armed forces, General Abdel Fattah El Sisi, announced on 3 July 2013 the suspension of the Constitution and the removal of President Mohamed Morsi.
The General said that Constitutional Court Chief Justice Adly Monsour would head an interim government until new elections were held.
The ICJ is deeply concerned that the decisions that have been taken by the military are beyond the scope of its constitutional authority and violate basic rule of law principles.
If implemented, these decisions will also set a dangerous precedent, wrongly signaling that the conflicts and challenges in Egypt should be met by military force rather than through political engagement and legal processes, the ICJ said.
“All Egyptian authorities should ensure that any political disagreement or conflict is resolved in compliance with rule of law principles and through legally established channels. Under international law, political divergences cannot be invoked to justify the unlawful seizure of the executive power,” said Wilder Tayler, ICJ Secretary General.
The ICJ is also concerned about reports that President Morsi, his advisers and leaders from the Freedom and Justice Party have been arrested.
Journalists have also been arrested and several television stations linked to the Muslim Brotherhood were taken off air following the Military decisions.
“The army and government authorities should ensure the protection of the rights of those detained in the context of the ouster of President Morsi, including the right to liberty and to security of person. Journalists arrested while exercising their professional duties must be released immediately,” Tayler further said.
The transition process in Egypt, under both the Supreme Council of Armed Forces (SCAF) and President Mohamed Morsi has failed to comply with international rule of law and human rights standards, the ICJ said.
The ICJ is also concerned about of the deterioration of the human rights situation in Egypt over the last few days, including cases of unlawful killings and physical violence against protesters, including sexual assaults against women.
“The Egyptian authorities should ensure that these human rights violations are fully investigated with a view to holding the perpetrators to account. They must also guarantee the rights of all peaceful protesters to security and to the freedoms of assembly and expression,” Tayler added.
Contact:
Said Benarbia, ICJ Senior Legal Adviser of the Middle East and North Africa Programme, tel: 41 22 979 38 17, e-mail: said.benarbia(a)icj.org
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