Jun 25, 2021 | News
The undersigned organizations express their deep concern about the continued disappearance of dentist and former parliamentarian, Mostafa Al-Naggar, on its 1000th day, and call on the Egyptian authorities to immediately disclose any information related to his whereabouts and to reveal his fate.
هذا البيان المشترك متوفر باللغة العربية أيضاً
The former parliamentarian, Mustafa Al-Naggar, a dentist and former head of the Justice Party, travelled to the southern Egyptian governorate of Aswan on September 27, 2018. Since then, his whereabouts and fate remain unknown. According to his wife, the last phone call between her and Mustafa Al-Naggar was on September 28, 2018, when he told her that he was in Aswan, and after that, the communication with him was cut off.
However, on October 10, 2018, his wife received a phone call from an unknown person on her home land line who told her that Al-Naggar had been arrested. Accordingly, on October 12, 2018, the family telegraphed the Public Prosecutor regarding his disappearance, and Mostafa Al-Naggar’s lawyers filed a complaint with the Aswan Prosecution on October 31, bearing the No. 1010 of 2018 Aswan petitions. The State Information Service issued a statement on October 18, 2018, denying that the security services had arrested Al-Naggar.
The Administrative Court of the State Council decided to accept a lawsuit filed by the family of Dr. Al-Naggar to reveal his whereabouts. According to the lawyer of the Egyptian Commission for Rights and Freedoms, the Circle of Rights and Freedoms in the State Council ruled on January 20, 2020 to “stop the implementation of the negative decision and oblige the Minister of Interior to disclose the place of detention of dentist and former parliamentarian Mustafa Al-Naggar” in lawsuit No. 56032/73 J, which was filed by Shaima Ali Afifi, Dr. Al-Naggar’s wife.
The ruling council of the International Parliamentary Union had issued a decision in November 2020 regarding the disappearance of Mustafa Al-Naggar, in which it expressed its concern about the failure of the Egyptian authorities to take any measures towards revealing the fate of the former parliamentarian, and calling on the Ministry of Interior to open an investigation into his disappearance.
During its session held in May 2021, the same Council reiterated its continuing concern about the Egyptian authorities’ unwillingness to disclose Mustafa Al-Naggar’s whereabouts. The same Council renewed its call on the Ministry of Interior to take the investigation into his disappearance seriously, and to take the necessary measures to locate him.
It should be noted that Dr. Al-Naggar suffers from asthma and kidney stones, and depriving him of treatment may put his life at risk. We also note that Mustafa Al-Naggar has taken legal measures to appeal the ruling by the Cairo Criminal Court issued on December 30, 2017, against him and others in absentia, imposing a sentence of three years’ imprisonment following the “insulting the judiciary case” (in case No. 478 of 2014). On 15 October 2015 the court of cassation upheld the prison sentence.
The undersigned organizations call upon the Egyptian authorities to immediately disclose any information related to Mustafa Al-Naggar’s whereabouts and fate, as well as on the Public Prosecution – as the investigative body entrusted with following up and investigating citizens’ complaints – to immediately and urgently investigate the complaints submitted by his family, and on security forces to immediately stop the practice of enforced disappearance against Egyptian citizens, and those who oppose government policies, and immediately disclose the places of detention of the forcibly disappeared.
Signatory organizations
Stop Enforced Disappearance Campaign
Arabic Network for Human Rights Information
Association for Freedom of Thought and Expression
Cairo Institute for Human Rights Studies
Committee for Justice
Egyptian Commission for Rights and Freedoms
Egyptian Front for Human Rights
Egyptian Initiative for Personal Rights
El-Nadim Center
Freedom Initiative
Human Rights Watch (HRW)
International Commission of Jurists (ICJ)
Intersection Association for Rights and Freedoms
Rafto Foundation
World Organisation against Torture (OMCT)
Contact:
Said Benarbia, Director, ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org
Asser Khattab, Research and Communications’ Officer, ICJ Middle East and North Africa Programme, e: asser.khattab(a)icj.org
Jun 24, 2021 | News, Uncategorized
Egyptian authorities must immediately quash the convictions of Hanin Hossam and Mawadda Al-Adham and immediately and unconditionally release the two “TikTok girls,” the ICJ said today.
هذا البيان الصحفي متوفر باللغة العربية أيضاً
On 20 June 2021, the Cairo Criminal Court sentenced 20 year-old Hanin Hossam and 23 year-old Mawadda Al-Adham to 10 and six years in prison, respectively, and a fine of 200.000 Egyptian pounds each (12,778 US Dollars), after convicting them on “human trafficking” charges arising from their social media activities.
“Their convictions must be quashed and Hanin Hossam and Mawadda Al-Adham and others imprisoned must be immediately and unconditionally released,” said Said Benarbia, ICJ’s Middle East and North Africa Director.
“The role of the judiciary is to protect and uphold everyone’s right to freedom of expression, not to crack down on its legitimate exercise in the name of some purported and ill-defined moral or social values.”
The two women, known as the “TikTok girls”, were arrested in April 2020 for violating “public morals” and “undermining family values” after publishing videos, including some in which they were shown dancing or signing, on the social media platform TikTok. In July 2020, a Cairo Court convicted and sentenced Hossam and Al-Adham to two years in prison; their conviction was overturned on appeal in January 2021.
However, prosecutors moved swiftly soon after their successful appeal to charge them in another case with “human trafficking”, and “using girls in acts contrary to the principles and values of Egyptian society with the aim of gaining material benefits.” The sentences imposed on 20 June by the Cairo Criminal Court on Hossam and Al-Adham arise from their conviction on those charges.
The charges are based on the 2018 cyber-crimes law, which effectively criminalizes the lawful and legitimate exercise of the right to freedom of expression and association.
“Egypt’s military and government are turning Egypt into an open-air prison in which any and all forms of free expression are crushed,” added Benarbia.
On 12 March 2021, 31 UN Member States delivered a joint declaration at the 46th session of the UN Human Rights Council denouncing the human rights situation in Egypt, including restrictions on freedom of expression.
Contact:
Said Benarbia, Director, ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org
Asser Khattab, Research and Communications’ Officer, ICJ Middle East and North Africa Programme, e: asser.khattab(a)icj.org
Jun 23, 2021 | Human Rights Council, News, Work with the UN
The Egyptian authorities systematically abuse “counter-terrorism” laws against human rights defenders, setting a dangerous model for other countries around the world to follow.
On 23 June, the International Commission of Jurists (ICJ) and the Cairo Institute for Human Rights Studies (CIHRS) jointly organized an online event on the sidelines of 47th session of the United Nations Human Rights Council to denounce Egypt’s targeting of human rights defenders through the country’s “counter-terrorism” laws.
Titled ‘Weaponizing Counter Terrorism Laws to Silence Human Rights Defenders’, the interactive online webinar aimed to highlight how the Egyptian authorities use “counter-terrorism” laws to target human rights defenders, including by placing lawyers and human rights activists on Egypt’s “terrorist list”, a recent practice resulting in serious human rights violations.
The event was moderated by Bahey Eldin Hassan, CIHRS Director, who stressed that the abuse of the “counter-terrorism” laws was not only employed against human rights defenders, and is not a phenomenon limited to Egypt.
The United Nations Special Rapporteur on Human Rights and Counter-Terrorism, Fionnuala Ní Aoláin, pointed out that repressive regimes take advantage of the lack of a globally agreed definition of terrorism when legislating for counter terrorism purposes. As a result, they get to place whomever they like under the “terrorism label” at the national level, with no meaningful oversight or penalties.
“The United Nations Security Council has taken on a massive legislative role on counter terrorism, which has given cover to and enabled State repression at the national level,” Ní Aoláin noted addressing the role of the international community.
“This is not an accident or a ‘bad apple’ problem, the misuse of counter-terrorism is embedded in the practised national legal systems,” Ní Aoláin added. “That abuse is part of the DNA of State practice in many countries.”
“We are at a pivotal moment. States must ask themselves what 20 years of abuse of counter terrorism laws have done,” Ní Aoláin urged. “It has weakened protections and made us less safe in many ways. This is a time for States to stand up and ensure pressure for change of this situation.”
Brian Dooley, Senior Advisor to the UN Special Rapporteur on Human Rights Defenders, noted that for authorities to imprison a human rights defender “with a straight face” for a long period of time, they have to use major accusations such as terrorism.
“The Egyptian authorities know that these human rights defenders are not terrorists,” Dooley said. “In most of the cases we have seen, where defenders were sentenced to ten years or more in prison, the relevant authorities use some sort of anti-terrorism, national security, or treason laws to justify putting a human rights defender away in prison for 10 or more years.”
Said Benarbia, ICJ Middle East and North Africa Director, began by naming some of the most prominent human rights defenders who remain in pre-trial detention facing “terrorism-related charges” in Egypt.
Among those Benarbia mentioned are: Alaa Abdelfattah, a blogger and a human rights activist; Mahienour al-Masri, a human rights lawyer; Mohammad al-Baqer, a lawyer and the director of the independent NGO, Adalah; and Amr Imam, a lawyer at the Arabic Network for Human Rights Information.
“In most of the cases the ICJ documented human rights defenders face charges of ‘joining a terrorist group’,” but the State security prosecution has consistently failed to even name the terrorist organization or group concerned,” Benarbia said. “In most of the cases, prosecutions were initiated with the sole purpose of intimidating and silencing human rights defenders.”
Benarbia emphasized that prosecuting individuals despite a total lack of evidence to support the charges is contrary to both the Egyptian and international law and standards.
“Any country that, like Egypt, uses ‘counter terrorism’ legislation to clamp down on basic freedoms and retaliate against human rights defenders and create open-air prisons should not have a say in setting international standards on terrorism,” Benarbia added.
Human Rights Defender, Celine Lebrun Shaath, delivered a passionate statement about her husband, Ramy Shaath, an Egyptian Palestinian human rights defender who has been detained since July 2019. Shaath, who herself was deported from Egypt in the wake of her husband’s arrest, mentioned that the online event was taking place on Ramy Shaath’s birthday; the second since his imprisonment. “I would rather not be here today,” she added, lamenting what had happened to her husband.
“We do not know to what terrorist group Ramy is supposed to be belonging,” Shaath said. “He is accused of spreading ‘fake news’, but we don’t know which news or where he had spread them.”
Shaath expressed her hope that the Egyptian government would heed the call for her husband’s release and free Ramy and all the political prisoners.
“[Human Rights Defenders] should be looked at as a wealth for this country. They are the future, they are not a threat, dissent is not terrorism, dissent is a vibrant part of democracy that should be cherished and protected,” Shaath underscored.
On 12 March 2021, 31 UN Member States signed a joint declaration condemning the human rights situation in Egypt, which Finland delivered on their behalf at the Human Rights Council’s 46th session. The joint letter focused primarily on “the restrictions on freedom of expression and the right to peaceful assembly, the constrained space for civil society and political opposition, and the application of terrorism legislation against peaceful critics.”
The event was cosponsored by Human Rights Watch, Amnesty International, the International Service for Human Rights and the International Federation for Human Rights.
You can watch the entire event here.
Contact:
Said Benarbia, Director, ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org
Asser Khattab, Research and Communications Officer, ICJ Middle East and North Africa Programme, e: asser.khattab(a)icj.org
Jun 1, 2021 | News
President Abdel Fattah al-Sisi of Egypt should immediately end a crackdown on freedom of association, independent groups, and peaceful dissent, 63 organizations, including the ICJ, said today.
هذا البيان الصحفي متوفر باللغة العربية أيضاً
The groups issued the following public statement recommending a series of actions Egypt should take to make tangible improvements in the human rights situation in Egypt and to ensure that Egypt complies with its international obligations:
We the undersigned 63 organizations call on the Egyptian authorities, including President Abdel Fattah al-Sisi, to take immediate action to end the Egyptian authorities’ wholesale crackdown on independent organizations and peaceful dissent.
More than 30 countries at the United Nations Human Rights Council issued a joint statement on 12 March 2021 expressing their deep alarm over “the trajectory of human rights in Egypt and share[d] the concerns expressed by the [UN] High Commissioner for Human Rights and [UN] Special Procedure mandate holders.”
Our organizations have been calling for the establishment of a monitoring and reporting mechanism on Egypt at the Human Rights Council and will continue to do so until there is meaningful and sustained improvement in the country’s human rights situation.
We remain greatly concerned over the arbitrary arrest, detention, and other judicial harassment of human rights defenders. Those held unjustly include NGOs directors Mohamed al-Baqer and Ezzat Ghoniem, human rights researchers Patrick George Zakiand Ibrahim Ezz el-Din, and lawyers Mahienour al-Massry, Haytham Mohamdeen, and Hoda Abdelmoniem. The founder and director of the Cairo Institute for Human Rights Studies (CIHRS) Bahey Eldin Hassan was handed down an outrageous 15-years imprisonment sentence in absentia.
Other attacks against human rights defenders include travel bans, asset freezes, additions to the “terrorists list” in arbitrary proceedings, protracted criminal investigations under case No. 173 of 2011, and reprisals for their engagement with UN mechanisms. We share concerns by seven Special Procedures mandate holders – United Nations experts – about Law No. 149/2019 on Non-Governmental Organizations, as it fails to meet Egypt’s international obligations to ensure the right to freedom of association.
We also have serious concerns over the overly broad definition of terrorism in Law No. 94 of 2015 on counterterrorism and in the Penal Code that contravenes international standards and allows for the criminalization of acts falling within the scope of the rights to freedom of expression, association and peaceful assembly, as well as the misuse of “terrorism circuits” of criminal courts and the Supreme State Security Prosecution to target human rights defenders and other peaceful critics in order to silence dissent.
We are also deeply concerned over the crackdown on independent journalists and media, as hundreds of websites remain blocked and at least 28 journalists remain behind bars for simply doing their work or expressing critical views, including Esraa Abdelfatah and Ismail Iskandarani.
We share the assessment of the UN Working Group on Arbitrary Detention that arbitrary detention is a systematic problem in Egypt. Since President al-Sisi came to power, Egyptian security forces, with the complicity of prosecutors and judges, have arbitrarily arrested and detained thousands of people on the basis of unfounded terrorism-related charges. They include human rights defenders, religious minority rights activists, peaceful protesters, journalists, academics, artists, lawyers, opposition politicians, and relatives of dissidents forced into exile.
Egyptian security forces routinely subject those in custody to enforced disappearance and torture, which the UN Committee against Torture concluded to be “a systematic practice in Egypt.” Those disappeared and tortured are then routinely convicted in grossly unfair mass trials, in some cases before military courts.
Since 2014, hundreds have been sentenced to death and dozens executed after trials that rely on torture-tainted “confessions.” Thousands of others are being held in prolonged pretrial detention without the opportunity to meaningfully challenge the lawfulness of their detention, sometimes for periods exceeding the two-year maximum permissible under Egyptian law.
Even when prosecutors and judges order their release, the National Security Agency (NSA), with prosecutors’ complicity, routinely accuse them of similar charges in new cases to keep them detained indefinitely without trial, in the practice known as ”rotation.”
We also share the UN experts concerns over cruel and inhuman prison conditions, and the deliberate denial of adequate medical care that has led or contributed to preventable deaths in custody and serious damage to prisoners’ health. In 2020 alone, at least 35 people died in custody or shortly after following medical complications. The health and human rights crisis in prisons was further exacerbated by the authorities’ failure to adequately address Covid-19 outbreaks.
We share the High Commissioner’s concerns regarding worrying patterns in the Sinai peninsula of forcible displacement, enforced disappearances, and torture and other ill-treatment of detainees. We note her call to the Egyptian authorities “to recognise that, as in all countries facing security challenges and violent extremism, depriving people of their rights will not make the State safer, but more unstable.”
Discrimination against women and girls remains entrenched in law and practice. The authorities have not only failed to address pervasive sexual and gender-based violence, but have also targeted women’s human rights defenders and campaigners against sexual violence and harassment through arrests, harassment, threats, and other reprisals. The authorities have also used morality and debauchery laws to arbitrarily arrest, detain, and prosecute survivors and witnesses of sexual and other gender-based violence, women social media influencers, and LGBTQI+ people and activists.
This catalog of serious violations continues as a result of endemic impunity that prevails in Egypt, as highlighted by UN experts and the UN Committee against Torture.
We urge President al-Sisi to order and ensure full implementation of the following recommendations in order to secure tangible improvements in the human rights situation in Egypt and to ensure that Egypt complies with its international obligations:
- Immediately and unconditionally release anyone held solely for peacefully exercising their rights to freedom of expression, association and assembly; and release others detained arbitrarily, including those held in prolonged pretrial detention without trial or the possibility to challenge the lawfulness of their detention; cease the practice commonly called “rotation”, and protect those in custody from torture and other ill-treatment and ensure their regular access to their families, lawyers of their choosing, and adequate medical care;
- Publicly condemn and order independent, impartial, thorough, and effective investigations into extrajudicial executions and other unlawful killings, enforced disappearances, torture, and other serious human rights violations and crimes under international law, including those committed in custody and in the context of counterterrorism operations in Sinai, with a view to bringing those responsible to justice; and guarantee the victims’ rights to truth, justice, and reparation;
- Establish a moratorium on executions, pending the abolition of the death penalty;
- Create a safe and enabling environment for human rights defenders, including by effectively protecting them from arbitrary arrest, detention, and other forms of reprisal or harassment; instructing the public prosecution to close Case No. 173 of 2011; removing all arbitrary measures including travel bans and asset freezes against human rights defenders and their families; quashing verdicts against human rights defenders including those sentenced in their absence; and removing human rights defenders from the “terrorists list”;
- Prevent sexual and gender-based violence and prosecute offenders; put a stop to the policing of women’s bodies and behavior as well as prosecutions over vague charges of “indecency”, “violating family principles and values”, and “debauchery”;
- End arbitrary arrests and prosecutions against LGBTQI+ people, including police entrapment of LGBTQI+ through dating apps or social media and quash the verdicts of anyone already convicted; instruct officials to end forced anal examinations and sex determination tests as they can amount to torture; and
- Amend Law No.94 of 2015 on counterterrorism, Law No.8 of 2015 on terrorist entities, Law No.175 of 2018 on cybercrime, and Law No. 149 of 2019 on NGOs to bring them in line with Egypt’s international obligations.
Signatories:
Access Now
Amnesty International
ANKH (Arab Network for Knowledge about Human rights)
Association Beity (Tunisia)
Association for Juridical Studies on Immigration (ASGI)
Association for the Defense of Human Rights in Morocco (ADDHOM)
Baytna
Cairo Institute for Human Rights Studies (CIHRS)
CELS Centro de Estudios Legales y Sociales
Center for Reproductive Rights
Center of Studies and Initiatives for International Solidarity (CEDETIM, France)
CNCD-11.11.11
Committee for Justice
Committee for the Respect of Liberties and Human Rights in Tunisia (CRLDHT)
DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
Democratic Association of Tunisians in France (ADTF)
Democracy for the Arab World Now (DAWN)
Dignity – Danish Institute Against Torture
Egyptian Human Rights Forum
Egyptian Initiative for Personal Rights (EIPR)
EgyptWide (Egyptian-Italian Initiative for Rights and Freedoms)
English PEN
EuroMed Rights
Freedom House
Front Line Defenders
Geneva Bridge Association
Global Voices
Gulf Centre for Human Rights (GCHR)
Hassan Saadaoui Association for the Defense of Democracy and Equality (Tunisia)
humanrights.ch
Human Rights Watch (HRW)
Initiative Franco-égyptienne pour les Droits et les Libertés
International Commission of Jurists (ICJ)
International Federation for Human Rights (FIDH)
International Service for Human Rights (ISHR)
Karapatan Alliance Philippines Inc.
Lawyers for Lawyers (L4L)
Legal Resources Centre
Mawjoudin Initiative (Tunisia)
MENA Rights Group
Minority Rights Group International (MRG)
Mwatana for Human Rights
Nachez (Dissonance), Tunisia
The National Union for Tunisian Journalists (SNJT)
Odhikar, Bangladesh
PEN Norway
People in Need
Project on Middle East Democracy (POMED)
REDRESS
Réseau des Organisations de la Société Civile pour l’Observation et le Suivi des Élections en Guinée (ROSE)
Robert F Kennedy Human Rights
South East Europe Media Organisation (SEEMO)
The Freedom Initiative
Tunisian Association of Democratic Women
Tunisian Association for Democracy and Civic State (AVDDH)
The Tunisian Association for the Defense of Academic Values (ATDVU)
The Tunisian Association for the Defense of Individual Liberties (ATDLI)
Tunisian Center for Press Freedom (CTLP)
Tunisian Coalition Against Death Penalty
The Tunisian Federation for Citizenship on both Shores (FTCR)
The Tunisian Human Rights League (LTDH)
UIA-IROL (Institute for the Rule of Law of the International Association of Lawyers)
Vigilance for Democracy in Tunisia (Belgium)
Contact:
Said Benarbia, Director, ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org
Asser Khattab, Research and Communications’ Officer, ICJ Middle East and North Africa Programme, e: asser.khattab(a)icj.org
Mar 16, 2021 | News
On the first day of the trial before the eastern Cairo criminal military court of those accused in connection with the 2016 explosion in the Haram district of Giza, the ICJ calls on the Egyptian authorities to: investigate allegations of torture and other ill-treatment; ensure reparation for those arbitrarily detained; and end the trials of civilians before military courts.
“The case has been under investigation by the State Security Prosecution for more than five years, involving prolonged pre-trial detention and severe restriction on the right to legal counsel, in a flagrant violation of Egyptian and international law,” said Said Benarbia, the ICJ’s MENA Programme Director. “Detaining people pending trial for that length of time makes this case yet another example of how the authorities are using pre-trial detention as a tool of repression and to punish, in violation of Egypt’s obligations under international human rights law”.
In January 2016, hundreds of people were arrested, and some forcibly disappeared in connection with an explosion in the Haram district of Giza that killed seven police officers and four civilians, and injured 15 others.
A number of those detained have reportedly been subjected to ill-treatment and denied fair trial rights guaranteed by Egyptian and international law, including the right to receive family visits. In addition, to the ICJ’s knowledge, while all the accused may have briefly met their lawyers in highly restrictive circumstances at the state prosecution office each time they have been remanded into custody, over the years, they have been denied their right to legal counsel before trial as their lawyers have not been allowed to visit them in prison.
The ICJ calls on the Egyptian authorities to investigate the incidents of enforced disappearance, ill-treatment and other human rights violations with a view to bring those responsible to justice.
“Notwithstanding the gravity of the charges involved, civilians should not be brought before military courts,” said Benarbia. “the jurisdiction of military courts should be limited to trials of military personnel in cases of strictly military offences; it should not extend to crimes over which civilian courts have jurisdiction, human rights violations or crimes under international law,” he added.
Contact
Said Benarbia, Director, ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org
Asser Khattab, Research and Communications’ Officer, ICJ Middle East and North Africa Programme, e: asser.khattab(a)icj.org
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Press release in English and Arabic.
