Egypt: immediately release lawyer Mahienour al-Massry and others arbitrarily detained

Egypt: immediately release lawyer Mahienour al-Massry and others arbitrarily detained

The ICJ today called for the immediate release of lawyer Mahienour al-Massry and hundreds of peaceful protestors who have been arbitrarily arrested by the Egyptian authorities in the context of recent protests against government corruption and President Abdel Fattah al-Sisi.

On 22 September 2019, Mahienour al-Massry was arrested by plain-clothes police officers outside the Supreme State Security Prosecution headquarters in Cairo, after representing five detainees in judicial investigations.

The next day she was brought before the same Supreme State Security Prosecution on unknown charges.

The detainees represented by Al-Massry had been arrested during the recent protests against President Sisi, which commenced on 20 September 2019 when hundreds of Egyptians took the streets in Cairo, Alexandria, Damietta, Mahalla al-Kubra and Suez, among other cities.

Police responded by firing tear gas and arresting hundreds.

Media accounts indicate that nearly 500 people have been arrested, most or all arbitrarily, since the protests commenced. However, documentation by local NGOs indicates that as many as 800 people may have been arrested, apparently for “participating in a ‘terrorist group’ operation” and “distributing fake news to disturb the public opinion.”

“The Egyptian authorities must drop the charges against Mahienour al-Massry, promptly release her and immediately stop persecuting, intimidating and interfering with the work of lawyers protecting the rights of others,” said Said Benarbia, Director of ICJ’s Middle East and North Africa Programme.

Mahienour al-Massry was charged in 2013 and again in 2015 for taking part in peaceful protests, for each of which she received one year-long terms of imprisonment.

Mahienour al-Massry’s recent arrest constitutes an effective sanction that violates her right to liberty under article 9 of the International Covenant on Civil and Political Rights and UN Basic Principles on the Role of Lawyers.

It also impedes the right of her clients to legal representation under article 14 of the ICCPR.

The ICJ previously filed a submission to the Universal Periodic Review regarding arbitrary arrests and detentions and systematic use of pre-trial detention in Egypt, and documented the use of the Egyptian justice system as a repressive tool to eradicate political expression and human rights work.

“The systematic use of arbitrary arrest and detention by State authorities is one of the very reasons Egyptians took to the street in protest,” said Benarbia.

“The authorities’ response provides further evidence of the widespread violations of rights Egyptians face under the current regime,” he added.

Contact:

Said Benarbia, Director of the ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org

Download:

Egypt-al-Massry-News-web stories-2019-ARA (story in Arabic, PDF)

Event: Combating impunity for unlawful killings

Event: Combating impunity for unlawful killings

The ICJ invites you to a discussion of new tools to assist investigation and accountability for extrajudicial, summary or arbitrary executions, and other potentially unlawful deaths. The event takes place on Thursday, 12 September, 13:30, Room XVI, at the Palais des Nations in Geneva.

ICJ’s new Practitioners’ Guide No 14 on the Investigation and Prosecution of Unlawful Death helps legal practitioners ensure that investigation and accountability processes are implemented in accordance with international human rights law.

The Guide elaborates on the revised Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016), a set of practical standards and guidelines that was updated by former UN Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns, and published by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in 2017.

The panel discussion will highlight key elements of the Protocol and Practitioners Guide, and their relevance to cases such as the 2016 killing of political commentator, Kem Ley, in Cambodia and the 2018 killing of Saudi Journalist, Jamal Khashoggi in Turkey.

Speakers

  • Agnes Callamard, Special Rapporteur on extrajudicial, summary or arbitrary executions (by video conference, TBC).
  • Stuart Maslen, Honorary Professor, Centre for Human Rights, University of Pretoria.
  • Kingsley Abbott, Senior Legal Adviser & Coordinator of the ICJ’s Global Accountability Initiative.

Moderator

  •  Carolina Villadiego, ICJ Legal and Policy Adviser, Latin America

Printed copies of the ICJ’s Practitioners’ Guide No 14 on the Investigation and Prosecution of Unlawful Death will be available.

A flyer for the event is available here.

*** Room XVI is on the 5th floor of Building A, behind the Assembly Hall, accessible by the elevators at the Salle des Pas Perdus. Details here.

Italy and Malta should let migrants on OpenArms in, urges ICJ

Italy and Malta should let migrants on OpenArms in, urges ICJ

The ICJ called today on Italy and Malta to cooperate to swiftly provide a place of safety for the disembarkment of the 121 migrants, likely including asylum seekers, on board the Open Arms vessel.

Open Arms rescued 123 people that left Libya and were on a situation of distress in international waters, and has been navigating seven days on the Central Mediterranean Sea in search of a place of safety for disembarkment.

Currently Italy and Malta (the nearest States) and Spain (the flag State) have not granted access to their territorial waters.

“When a boat is conducting an operation of rescue it is the duty under international law for neighbouring States to provide a place of safety,” said Massimo Frigo, ICJ Senior Legal Adviser.

“The situation on the boat, with also 30 children and two babies, is rapidly deteriorating and it is of the utmost urgency to allow for their disembarkment,” he added.

“The refusals and lack of cooperation by Italy, Malta and Spain is in contravention of their obligations under the law of the sea,” said Frigo.

“These States should open their harbours and the EU should work hard to ensure that resettlement is ensured so as to relieve pressure from them.”

Relevant provisions of international law include: UN Convention on the Law of the Sea (Article 98); International Convention for the Safety of Life at Sea (SOLAS), Annex, Chapter V; International Convention on Maritime Search and Rescue.

Contact:
Massimo Frigo, ICJ Senior Legal Adviser, t:+41 22 979 3805 ; e: massimo.frigo(a)icj.org

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