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)
May 13, 2015 | News
Provisions on State secrecy and “denigrating” security forces undermine free speech, the ICJ and 12 other rights organizations say.
The ICJ today joined 12 international organizations calling on the tunisian authorities to amend a controversial new Security Bill inconsistent with international standards, especially provisions that could criminalize the conduct of journalists, whistleblowers, human rights defenders, and others who criticize the police and that would allow security forces to use deadly force when it is not strictly necessary to protect lives.
Download the full statement:
Tunisia-Security Bill joint statement -News-Press releases-2015-ENG (PDF, English)
Tunisia-Security Bill joint statement -News-Press releases-2015-ARA (PDF, Arabic)
May 13, 2015 | Communiqués de presse, Nouvelles
Les dispositions sur le secret d’Etat et le “dénigrement” des forces de sécurité portent atteinte à la liberté d’expression, selon la CIJ et 12 autres organisations de défense des droits de l’Homme.
La CIJ a rejoint aujourd’hui 12 organisations internationales appelant les autorités tunisiennes à modifier un nouveau projet de loi controversé incompatible avec les normes internationales, notamment des dispositions qui pourraient criminaliser la conduite des journalistes, des lanceurs d’alerte, des défenseurs des droits de l’Homme et toutes autres critiques de la police.
Ce projet de loi pourrait autoriser les forces de sécurité à utiliser la force meurtrière quand il n’est pas strictement nécessaire de protéger la vie.
Tunisia-Security Bill joint statement -News-Press releases-2015-FRE (Communiqué de presse complet en PDF)
May 4, 2015 | News
Following a recent international conference, the ICJ and the other participants elaborated and signed the Tunis Declaration on the Arab Court of Human Rights.Among other things, the Tunis declaration (see below) is calling for the members of the League of Arab States (LAS) to refrain from ratifying the Statute of the Arab Court unless and until it is revised in accordance with international standards, with a view to creating an effective Arab human rights court.
The conference was organized from 8-9 April in Tunis by the ICJ and the Legal Agenda, and attended by international, regional and national judges, lawyers, human rights defenders and members of civil society.
Key provisions of the Statute of the Court, which was adopted by the Ministerial Council of the League of Arab States on 7 September 2014, were discussed and assessed in light of the experience and practice of regional human rights systems and international mechanisms.
Conference participants identified both shortcomings of the Statute and the necessary reforms required to establish a court that provides meaningful access to individuals alleging a violation of their human rights.
A detailed analysis of the provisions of the Statute can be found in the ICJ’s report, The Arab Court of Human Rights: A Flawed Statute for an Ineffective Court, published on 8 April 2015 (to access the Statute of the Court, see annex 1 of the ICJ report).
MENA-Arab Court Tunis Declaration-Advocacy-2015-ENG (full text in PDF, English)
MENA-Arab Court Tunis Declaration-Advocacy-2015-ARA (full text in PDF, Arabic)
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)
