Nov 28, 2018 | News
The Egyptian authorities must drop the charges against nine detainees arrested on 1 November 2018 and immediately and unconditionally release them and at least 31 others arrested and in some cases “disappeared” since late October 2018, or otherwise charge them with a recognizable crime consistent with international law, the ICJ said today.
Those arrested in the present sweeps include human rights defenders (HRDs), lawyers, and political activists and persons otherwise providing support to political detainees. Reports indicate that at least some of those detained are connected to the Muslim Brotherhood. The ICJ is concerned that many if not all of these detainees are being held solely for political reasons.
On Wednesday 21 November, nine detainees held since 1 November 2018—Hoda Abdel Moneim, Mohamed Abu Hurayra, Bahaa Auda, Aisha Al Shater, Ahmed El Hodeiby, Mohamed El Hodeiby, Somaya Nassef, Marwa Madbouly and Ibrahim Atta—were interrogated by the State Security Prosecution, who ordered they be held in pre-trial detention for 15 days.
According to information available to the ICJ, the prosecution charged the nine with joining and funding a terrorist organization and incitement to harm the national economy under Egypt’s Counter-Terrorism Law No. 94/2015 (Case No. 1552/ 2018).
Lawyers representing the detainees were not permitted to access the case files, nor were they allowed to speak with the defendants in private. One of the detainees interrogated on 21 November was also interrogated on 19 November 2018 without the presence of a lawyer. It is unclear when the State Security Prosecution ordered their pre-trial detention.
At least three other detainees also appear to have been interrogated on 24 November 2018, including Ahmed Saad, Ahmed Ma’touk and Sahar Hathout. No information is known about whether an order for their pre-trial detention has been issued.
“These arbitrary arrests and trumped up charges are yet another example of the relentless assault by the military and government on the exercise of the rights to freedom of expression and association and to take part in political activity,” said Said Benarbia, ICJ’s MENA Programme Director. “Targeting anyone having any connection to opposition groups under the government’s ‘war on terrorism’ erodes the rule of law in Egypt, undermines human rights, and means there’s now very little, if any, room to carry out human rights work.”
According to public reports, at least 31 others were arrested by Egyptian authorities in raids in late October or early November 2018. Despite repeated calls on the authorities to provide information regarding their location, their whereabouts remain unknown, raising serious concerns for their health and safety. After human rights lawyer Hoda Abdel Moneim—one of the nine now charged—was held incommunicado for 21 days, her family issued a statement expressing concern about her “dire [physical and psychological] health condition.”
It is well established that the Egyptian authorities engage in the widespread and systematic use of torture. Although Egypt’s Constitution, Criminal Procedure Code and Penal Code require that detainees be held in official places of detention with judicial oversight and prohibit torture and other mistreatment, these safeguards have proven ineffective in practice.
The United Nations Committee Against Torture previously reported on the torture of hundreds of people disappeared by the Egyptian authorities. The ICJ is concerned about the high probability that these detainees have been tortured.
“The authorities should unconditionally and immediately release those arrested solely for exercising their human rights and fundamental freedoms, bring any others immediately before a judge to review whether there is any lawful basis for their detention and for any charges brought, and ensure that all those deprived of their liberty are protected against torture and other ill-treatment,” said Said Benarbia.
Contact:
Said Benarbia, Director of the ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org
Background
Among those arrested in late October and early November 2018 were human rights lawyer and former spokesperson of the ECRF, Mohammed Abu Hureira, and his wife, Aisha al-Shater, daughter of imprisoned deputy chairman of the Muslim Brotherhood, Khairat al-Shater, as well as human rights lawyer Hoda Abdelmoniem, a former member of the National Council for Human Rights, who was arrested at her home after it was raided without warrant. At least eight of the 40 arrested are women. Reports from local human rights lawyers and organizations suggest that the number of persons arrested and arbitrarily detained could be higher.
The arrests are part of Egypt’s orchestrated crackdown on human rights work, in which human rights defenders and critics are arbitrarily arrested and detained, subjected to enforced disappearance, prosecuted in unfair trials, and sometimes sentenced to death. Two other members of the ECRF, including its Executive Director, were arrested in March 2018 and forcibly disappeared in September after an Egyptian Court ordered their release. Following the latest arrests, the ECRF—which documents enforced disappearances and Egypt’s increasing application of the death penalty—suspended its operations in protest.
On 10 September 2018, the Cairo Criminal Court convicted 739 defendants for their participation in the Raba’a Al Adaweyya square protests in August 2013 after a grossly unfair trial, sentencing 75 defendants to death and 658 defendants to life or five to 15 years’ imprisonment.
On 24 April 2018, following an unfair trial, the Cairo military court convicted former judge and former head of the Central Auditing Authority, Hisham Geneina, to five years in prison for “publishing false information harmful to the national security.”
The arrests place Egypt in breach of its international legal obligations, including under the International Convention on Civil and Political Rights (ICCPR). Article 9 of the ICCPR protects freedom from arbitrary arrest and detention and imposes an obligation on States to ensure a number of protections in respect of detention.
These include the requirement that detainees be brought promptly before a judge so their detention can be reviewed; have the right independently to challenge the lawfulness of their detention; and have the right to access legal counsel. Article 14 of the ICCPR also requires states to ensure detainees have access to legal counsel. Judicial oversight of detention is particularly necessary to protect detainees from torture and cruel, inhumane and degrading treatment.
Articles 19, 22 and 25 of the ICCPR also protect the rights to freedom of expression, to freedom of association and to participate in public affairs. Articles 5-8 of the United Nations Declaration on Human Rights Defenders similarly protects such rights exercised by HRDs and Article 12 requires states to protect HRDs from violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action for the lawful exercise of such rights.
Under Egyptian Law, Article 56 of the Constitution and Articles 41-42 of the Criminal Procedure Code require that detainees be held in official places of detention and subject to judicial supervision, including judicial power to inspect places of detention and review each detainee’s case. Articles 51-52 and 55 of the Constitution, Article 40 of the Criminal Procedure Code and Article 126 of the Penal Code prohibit torture and other mistreatment.
In June 2018, the ICJ expressed its concerns about Egypt’s repeated renewals of the State of Emergency since April 2017, and the use of the state of emergency to suppress the activities of and persecute students, human rights defenders, political activists, union members and those suspected of opposing the government.
Egypt-November Arrests-News-Web Story-2018-ARA (PDF in Arabic)
Nov 26, 2018 | News
The ICJ convened a Forum of international legal experts and Myanmar civil society actors in Yangon from the 24 to 25 November 2018 on Myanmar’s obligations under the International Covenant on Economic, Social and Cultural Rights (ICESCR).
Representing each of Myanmar’s 14 States and Regions, more than 130 civil society members attended the event, which was co-hosted with the Myanmar National Human Rights Commission in collaboration with Dan Church Aid, Norwegian Church Aid, Equality Myanmar and the Local Resource Center.
The ICJ’s Asia Pacific Regional Director, Frederick Rawski, introduced the Forum objectives which were to raise awareness of the rights, obligations and reporting processes associated with Myanmar’s ratification of the ICESCR on 6 October 2017.
As a State Party to the ICESCR, Myanmar is obliged to respect, protect and fulfill a variety of human rights including the rights to: decent work, an adequate standard of living, adequate housing, food, water and sanitation, social security, health, and education.
The Chairperson of the UN Committee on Economic, Social and Cultural Rights, Virginia Brás Gomes, discussed the vital role civil society plays in documenting and providing information about human rights challenges, and advocating for law to be enforced and interpreted in compliance with the State’s international law obligations.
Virginia B. Dandan of the Philippines, a former Chairperson of the Committee, described the rights protected under ICESCR and highlighted the universality of human rights and the indivisibility of economic, social and cultural rights from other human rights including protection from discrimination.
Visiting Myanmar from the ICJ’s Southern Africa Office, legal adviser Timothy Fish Hodgson, ICJ Legal Adviser in the ICJ Africa Programme, discussed from a comparative perspective the justiciability of ESC rights in South Africa, and the roles lawyers and other civil society actors have played in progressing rights protections.
Legal advisers from the ICJ’s Myanmar Team moderated a series of panel discussions where civil society representatives discussed challenges and opportunities related to the realization of ESC rights in Myanmar.
Separate to this initiative, the visiting international experts also travelled to Nay Pyi Taw to engage with government. Myanmar’s first State report to the ESCR Committee is due in late 2019, also opening opportunities for civil society engagement.
This event was part of the ICJ’s ongoing effort to convene civil society actors to discuss the promotion and protection of human rights through legal mechanisms.
Nov 14, 2018 | Advocacy, Cases, Legal submissions
The ICJ intervened today before the European Court of Human Rights in the cases of a judge and a scholar that were arrested in the wake of the state of emergency in Turkey.
Mr Hakan Baş is a judge who was dismissed and arrested under emergency legislation following the attempted coup of 15 July 2016.
Mr Seyit Ali Ablak is a teacher and was arrested in 2017 also during the state of emergency declared following the attempted coup.
They claim, among others, the violation of their right to a judicial review of detention under articles 5.3 and 5.4 of the European Convention on Human Rights (ECHR).
In this intervention, the ICJ addressed the following issues:
- the international legal and normative framework on the independence of the judiciary and the role of judges, in particular in implementation of obligations under articles 5.3 and 5.4 ECHR;
- the current situation of the independence, governance and administration of the judiciary in Turkey, with particular regard to the Council of Judges and Prosecutors and the role of the peace judges, and their conformity with State obligations under articles 5.3 and 5.4 ECHR. The situation will be assessed with reference to the findings of an ICJ mission undertaken in May 2018 and contained in the mission report Justice Suspended.
Turkey-icj-Bas-Advocacy-legal submission-2018-ENG (download the intervention in Baş v. Turkey)
Turkey-icj-Ablak-Advocacy-legal submission-2018-ENG (download the intervention in Ablak v. Turkey)
Nov 5, 2018 | News
The ICJ convened a two-day workshop from 3rd to 4th November 2018 in Yangon, to enhance understanding of legal protections of the right to freedom of thought, conscience, religion or belief in Myanmar.
Freedom of thought, conscience and belief, often referred to as the right to freedom of religion of belief (FoRB) is considered by many to be one of the foundations of a democratic society.
The workshop was aimed at discussing State regulation of religion or belief in Myanmar and included some 40 human rights defenders, lawyers and members of religious groups, from across the country.
ICJ legal adviser Sean Bain introduced the right to FoRB under international law and standards – particularly Article 18 of the Universal Declaration of Human Rights, and Article 18 of the International Covenant on Civil and Political Rights. Mr Bain also discussed the complementarity of these articles with other rights, such as the right to freedom of expression, and highlighted the limitation clauses in the international treaties which provide a framework for resolving some of the tensions that can arise in specific cases.
Michelle Yesudas, a Malaysian human rights lawyer, shared good practices and lesson learned from application of strategic litigation in FoRB related cases in Malaysian context and spoke about potential approaches and strategies that could be adapted in Myanmar context to push the legislative reform and enforcement of the law.
The ICJ’s legal researcher Dr. Ja Seng Ing and national legal Adviser Advocate Daw Hnin Win Aung jointly facilitated two panel discussions on challenges in free practice of religion or belief specifically focusing on the worship places and Freedom of Expression.
Based on their own independent research, senior legal scholars and human rights defenders from Myanmar also provided their perspectives on national challenges, particularly the absence of the State fulfilling its responsibilities to protect FoRB in Myanmar. Advocate Daw Zar Li Aye discussed available legal remedies and encouraged legal advocacy strategies to ensure protections under the law in Myanmar.
The participants raised a number of notable issues on addressing identified obstacles to the free practice of religion or belief included the need for annulling discriminatory notifications restricting the rights to practice religion freely, the need for safe space to continue the dialogue between FoRB activists, other human rights defenders and lawyers on strategic litigation.
Participants at the conference also recognized the opportunity presented before them in advancing freedom of religion or belief in Myanmar and committed to working collectively to enhance this right.
This event is part of the ICJ’s ongoing effort to convene civil society actors including lawyers to discuss critical human rights issues in Myanmar with a view to advancing the protection of human rights in the country.
Nov 2, 2018 | Advocacy, Cases, Legal submissions
The ICJ intervened today before the European Court of Human Rights in the case of a detained Member of the Turkish Parliament from the HDP party, Ms Burcu Çelik, arrested in 2017 under “terrorism charges”.
In this submission, the ICJ provides the Court with observations concerning the capacity of the Turkish legal system to provide effective remedies for violations under the ECHR with regard to detention, in particular detention of Members of Parliament, in light of its Convention obligations, in particular obligations under Article 5.4.
The ICJ presents its analysis of these aspects of the Turkish legal system based, in part, on information ascertained during a mission to Turkey undertaken in May 2018 and in its report Justice Suspended.
Specifically, the ICJ addresses the question as to whether the remedies of individual application before the Constitutional Court (CC) and under article 141.1 (a) and (d) of the Code of Criminal Procedure (CCP) may be considered as effective in light of the State’s obligations under articles 5.4 and 35.1 ECHR.
Turkey-icj-Celik-Advocacy-legal submission-2018-ENG (download the intervention)
