Annual conference report

2014 International Coalition for Freedoms & Rights

ICFR FIRST ANNUAL CONFERENCE 11-10 December 2014, Istanbul, Turkey

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DAY ONE: An introduction on ICFR and its main activities over the past year was presented.

FIRST SESSION: The Coup in Egypt and its role in increasing violations of human rights.

Although the cataloguing of violations is important, the session’s goal was to emphasise how to move forward and try to come out with concrete proposals.

Chaired by: Dr. Maha Azzam 0Associate Fellow, Chatham House

Main Contributors:

Dr. Walid Sharabi 0Judge

Mr. Abdeen Jabara 0Lawyer

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Recommendations and suggestions made: The Coup in Egypt and its role in increasing violations of human rights.

Although the cataloguing of violations is important, the session’s goal was to emphasise how to move forward and try to come out with concrete proposals.

1. The establishment of Special Courts to follow up on human right perpetrators. a. It would be significantly difficult, at present, to establish a special court like that of Al Harriri and the Yogoslavic International Criminal Court. This is due to that fact that such courts need a decision made by the UN Security Council. If we do not have international backing, especially from those of permanent membership and those countries with the right to veto, it would be very difficult. b. Finding alternative steps that are more realistic in the short term.

i) Going to courts in some of the countries where its internal legislation embraces international laws.

ii) Looking into the identities of individuals that hold other nationalities besides being Egyptian and seeing if their cases could be brought to courts there.

2. To have petitions filed by individual Egyptians on a continuous bases and sent to the UNHRC demanding that they be allowed to vote in free and fair elections. It is important to stress that people should have the right to participate freely and fairly when choosing their leaders.

3. To have a prominent staffed legal bureau, with a budget, that can reach out and sieze opportunities as they arrive, as well as follow up on all other matters; Trained lawyers with international legal experience to coordinate, organise and follow up the work. a. Putting together a permanent group of lawyers so everyone can know: who is involved; what applications were made; under what country; what jurisdictions; and to what groups. This aim is to ensure the same work is not repeated unnecessarily and would allow other groups to share what they have so that the strongest cases possible are put forward.

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b. Consider the lawyers present today and who would want to be involved in this team and decide who would coordinate such a team. Initially drawing up an initial list of lawyers and where they are based, as far as jurisdictions are concerned.

4. Take steps to increase international pressure on the Egyptian government that will force other governments to step in against the current government in Egypt.

- Mr Mahmoud Al Mubark, Professor of International Law in Saudi Arabia, had been asked to take into account the EU/Egyptian agreement and try to build a case as this has more practical implication concerning trade and aid. There is already a model to follow like that of the actions being taken in the EU/Israel trade agreements.

5. Organisations, such as the ICFR, can present information about how Egypt is not complying under the ICCPR. One of the things that could be done is to submit these reports of violations under the treaty. There is also the Universal Periodic Review and Egypt’s record which was reviewed in 2010; the next round would be coming up in March 2015.

Presenting supplementary materials to show violations would be of great benefit. (Egypt has ratified the international covenant on civil and political rights and the body that administers that is the HR committee which is different to the HR council. Parties to this have a duty to report on progress in complying with their obligations. Those reports are submitted to the committee.)

6. Looking at the International Criminal Court (ICC) to see whether clearly the shooting of demonstrators in Rabaa Square was a crime against humanity and could be the subject of investigation, so that may put this forward for preliminary investigation that the Security Council can take steps. a. Egypt went before the ICC - A case has been brought forward by a lawyer of the FJP, this needs to be resuscitated. b. The suggestion of the ICC application that can go through the UN Security Council; however given there still appears to be significant support for the regime it is unlikely it will get through. Alternatively we should pursue other avenues – exercise universal jurisdictions in various states around the world.

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c. Emphasis on the use of international courts that are a great asset.

7. Find out which countries have laws which allows international prosecution and under which conditions. Look at which countries have taken action and group them based on jurisdictions or regional co-ordination. a. ANDRE (Lawyer from The Netherlands): Holland has a law called the International Crimes Act. It states that if you have a human right crime and the victims hold the Dutch nationality, you can bring a case to the local Dutch courts. This is important as it is more practical than the ICC. Charges have been brought against Interior Minister, Mohamed Ibrahim, and other leaders of the regime working on behalf of four victims, all with Dutch nationalities but of Egyptian decent. Getting a conviction from a serious court would put a lot of pressure on the regime as well as restricting travel. b. SHABNAM (Assistant to the Muslim lawyers associations, South Africa): South Africa (SA) was the first country to bring a case locally in terms of Rome statue which is part of SA national legislation. It was brought forward for crimes against humanity and war crimes. Our docket now goes to the national office of public prosecutor and they choose whether they will proceed. The other thing that was done was approaching the African union(AU), because this is a regional block and they took a strong step in kicking Egypt out initially. What was done was bringing forward the same crimes against humanity and war crimes to their attention. More recently the AU was asked to open Rafah allowing emergency aid and workers in and refugees out. The more the actions taken are varied, the better the chances of success (can see what works and what doesn’t and proceed accordingly.

8. Using all steps necessary to shame all human right violation perpetrators. Perhaps going to the UN, even if nothing gets done it will at least embarrass the Egyptian authorities.

9. Finding a way to disable Egypt’s membership to Interpol. Interpol, as an organisation, cannot be a tool of oppression in the hands of a political legislation against a specific political movement as this is against human rights.

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10. List the emblematic cases; violations against women, children, lawyers, journalists and all the fundamental rights violated in Egypt, in addition to creating a list of all the voluntary lawyers that want to complain in their country or ICC. - We need to understand the political implications and try to distinguish between politics and human rights violations.

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Second Session

2014

SECOND SESSION: How is the military coup a breach of all UN principles and the stance of the international community towards the military coup.

Chaired by: Andre Seebregts 0Lawyer

Main Contributors:

Mr. Roger Sahota Human Rights Solicitor

Ms. Sussan Adly 0Lawyer

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Recommendations and suggestions made: 1. Sending a message to the international community that it cannot afford to turn a blind eye to what has happened in Egypt since July 2013. Although there are no requirements in the UN Charter that promotes democracy as an essential ingredient for recognition as a nation state, there is information in two important documentations regarding democracy: The Universal Declaration for Human Rights, and the International Covenants on Civil and Political Rights. Both documents have central governing principles: the notion of self-determination which should, if applied to the situation in Egypt, invalidate the military regime.

2. Being aware that Egypt is a vital strategic partner with the US. Protecting interests in regards to Israel and the Suez Canal means that the US is willing to accept the military as a legitimate body to protect its national interests. Together with the fact that many of the violations taken place in Egypt are supported, or being done, with impunity, because there is consensus in Egyptian society where the people are not opposing what the government is doing.

3. Utilising courts in the UK. There was a group in London working on universal jurisdiction in Britain and, until years ago, anyone could apply and obtain a warrant for the arrest of any foreigner coming to the UK suspected of committing war crimes or international breaches.

Some discussions with the current prosecutor indicated the willingness to take such actions.

Although foreign statesmen coming to the UK could apply for a Special Missions Immunity, the court has the right to grant or reject the application for immunity.

4. Looking at owned properties and bank accounts of individuals that have committed crimes against humanity in the UK and in Europe, and seeing if there is a possibility of filing court cases.

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5. Correcting the narrative being put out on Egypt, not only for political reasons, but also to solidify the case being made legally or otherwise. During Morsi’s time, there was a concerted effort to fabricate and manufacture a narrative that spread widely via private media in order to defame and undermine the president and the Muslim Brotherhood (MB). Creation of such a narrative provided a basis or atmosphere where the coup/uprising could make sense.

- We need to look at facts into Morsi’s accused untrue authoritarianism and the extra-judicial powers he took and put them into context, not justified, in sense that constitution assembly was going to be dissolved and how it was only a particular period lasting no longer than a month. We need to get all facts straight to create the factual evidence.

6. Having two strands of the ICFR, a media operation group to work parallel to the activities of the organisation, a group that can provide useful and reliable information to push out to journalists in a succinct form.

7. Tackling Islamophobia and whether it comes internally or externally. In the Egyptian example, people being pushed to support the military regime over supporting a political party that will have some beliefs grounded in the Islamic religion. We have to make people understand that what took place was a counter-revolution and the revolution that the world was so happy to see take place could not have happened without the presence of the MB community.

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Third Session

2014

THIRD SESSION: Countries supporting the Coup and their legal responsibility for legal rights violations

Mr. Abdeen Jabara 0 Lawyer

Main Contributors:

Mr. Andrew Dalack 0Lawyer

Ms. Bruce Nestor 0Attorney

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Recommendations and suggestions made: 1. Circumnavigating obstacles to hold US accountable and stopping military and financial aid to Egypt. The only two countries that have a very a special relationship with the US, namely the cash-flow payment program, are Egypt and Israel. This Programme allows the purchase of weapons from US contractors on US credit. Stopping US support of Egypt’s military is out of the question because the US is, and has been, obligated to provide the weapons ordered

by Egypt and pay for them years down the line. They would get into contractual issues if they were to stop completely. So anything going forward must contain/appreciate the fact that the US is supporting Egypt’s military as a desire to maintain Egypt’s military superiority in the region solely for Israel’s benefit. It would be necessary to associate that with popular demand ending military aid to Israel. Already there has been robust movements towards this in the US. a. Working around this cash flow finance and acknowledging its existence, we can say that we are going to instigate a mass popular movement in the US that demands the US to end its military aid to Egypt. b. Another obstacle is the Foreign Assistance Act (FAA) – the US has no obligation to call a coup a coup, and in the case of Sisi’s election, the US never referred to it as a coup because to have done so would mean the US is in violation of the FAA. The US cannot give money to military coups. c.

So much attention has been given to Israel’s relationship with the US. We have an opportunity to say that it’s not just about Israel, this is about a US campaign to maintain global imperial hegemony and its ongoing military assistance to Egypt is very much a part of that global hegemonic campaign.

2. We need to insist the US calls it a coup because that way it would give us more legal leverage to use the FAA as a sword against further military assistance.

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3. Finding potential plaintiffs to raise claims in federal district courts. The US Supreme Court has already decided that federal district courts do have authority, and that they should, and can, take political matters head on.

4. Building a project to end the impunity for US officials responsible for torture policies and illegal invasions of Iraq and Afghanistan, as well as those officials in Egypt who were responsible for Rabaa.

5. What can ICFR do to provide tools for popular movements to use in political work to gain broader and universal appeal? What can ICFR do to create space so Egyptians can organise themselves? What can we do to articulate international legal principles although we may not have institutes that can enforce judgement that back up those principles: articulate universally accepted principles that can be demands for popular movements to exercise their own sovereignty and rights of self determination.

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Create a popular movement to challenge Islamophobia. We should discuss differences, but also build on what our commonalities are, and in the US we have to overcome not only Islamophobia but also this entire concept of the war on terror.

6. The US government is an aider, abettor and direct perpetrator of violence in the world.

What needs to be done is for US lawyers, in collaboration with ICFR, try and find a means of changing this.

7. We need to bring different ideological forces together in what really is a single fight. One of the biggest challenges, and its one mentioned previously, is raising the issue of where the left and secularists in Egypt are in relation to this movement against injustice and the regime.

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a.

A frank discussion on the role of the left during the Arab spring. The left in Egypt allied itself with the regime, and part called for the army to step in with the ousting of Morsi.

This is not just an analysis of things in the past, it is happening today in Tunisia. The same polarisation between Islamists and leftists/secularists is happening today. It’s important for the left to admit and see its errors and change this.

8. An important subject is to define the meaning of terrorism.

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DAY TWO:

2014

Workshop recommendations and suggestions: 1. It would be useful to mention Syria. What is happening is crucial in terms of human rights, where over 200,000 have been killed; millions displaced; and the refugee crisis across the middle east, which exposes many breaches of human rights. It would be useful to work and shed light on what is happening in Syria.

2. Add Bahrain request – Recently it has been found and articles printed about Indonesia, South Africa and Brazil having been complicit in selling teargas to Bahrain – but there hasn’t been any action. Recently someone from the Middle East HR centre visited South Africa to see if something could be done. This could be a practical step that could be taken. a. The Bahraini situation has come to light in the UK because of the decision to remove immunity of Prince Nasser. Supporting the initiative to engage in Bahrain especially with regards to teargas means targeting companies supplying it is an important starting position. b. What has been started was approaching Right to Know Campaign working in the South African Legislation. Request to the South African government has been made asking for information on certain issues. One of the applications to be put forward would be regarding Bahrain. c.

The British Navy has just been granted special rights in Bahrain.

d. When looking at corporations that manufacture teargas and small arms, they are the same few companies who are providing equipment and military training in Bahrain, Egypt, Palestine, and even in the streets of New York City. It would be a good way to bring forward HR issues from all these places and think about corporations that have been complicit in this abusive policy – then looking at international laws and where it stands on the conventions on chemical warfares, small arms and teargas.

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3. It is important to spend time to think about what is already underway globally and what the focus of ICFR actually is when it comes to these issues.

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It would be useful for those people that want ICFR to focus on particular issues to do a short note on the issue in question – so the group can decide if there is capacity (physically / politically) to address it.

4. We need to be aware of where every ICFR member stands politically when analysing what is going on.

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PRESS QUESTIONS AFTER STATEMENT WAS READ OUT QUESTION 1 – How will you address the matter of sexual violence against Egyptian women in Egyptian prisons, and those killed on the streets?

We addressed this matter during our discussion today. Whilst we will be looking at all violations, sexual violations will be especially addressed by the committee. But what are the steps to prevent violence against women? We will be looking at a whole host of human rights violations which includes violence against women following the military coup, and allegations of sexual violence in prisons. The legal committee, formed today, will be providing support for those women, and will be actively investigating and pursuing cases of these violations. The focus is on cases following the military coup, and to bring the perpetrators to justice.

QUESTION 2 – What is the position of the ICFR against the Syrian regime’s human rights violations and that of the Egyptian military coup?

Both regimes in Syria and Egypt have demonstrated complete impunity. There have been a number of cases that has been brought forward in different countries against leaders of both regimes and we will endeavour to bringing perpetrators to justice.

We will continue to urge the international community that it is required to talk about these issues.

QUESTION 3 – What is the position of ICFR lawyers with regards to countries supporting these regimes and where they stand?

Many were hopeful that the

international community would stand against such crimes being committed.

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These states, based on democratic principles, shouldn’t support the states in question. Military regimes should not be provided with weapons. We will urge western states to stop support of military regimes like the one in Egypt today. If they have supported such regimes, there are actions to take against these states. If they have provided weapons, means to kill, torture and repress civilians, these matters must be addressed. It is our role to identify those types of cases and ensure there is no impunity.

QUESTION 4 – First question is how will you deal with judges giving mass verdicts against innocent people? Second question is what is the first practical step following this conference - what will it be and in which country?

To answer the first point, it is fair to say that the entire judicial system in Egypt has collapsed.

That has been evident in a number of decisions that we have seen both in terms of individuals en masse following hearings lasting 30-40 minutes – not something we expect in any nation. In order to ensure there is a return to democracy we have to see the system re-established. We’ve seen the withdrawal of charges against Mubarak and that is disturbing. To answer the second question, in terms of actions – where we go – we have formed the legal commission responsible for these matters and we will be developing the legal actions and you will be informed appropriately of the next steps to be taken.

QUESTION 5 – Last year more than 55,000 photos were released of torture in Syrian prisons by an anonymous source labelled as Caesar. Will your delegation take any measures with this regard?

Yes, there are a number of organisations that are actively investigating these cases. You referred to photos leaked, what I can tell you that I have responsibility of investigating that case, and we are

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in the process of documenting the torture and execution of detainees on a massive scale in Syria.

We are working with US and UK authorities, and outside of that, in the international court, that something may happen on a national scale. We have identified that a large number of the victims are not just Syrian but also foreigner and dual nationals targeted, and I am optimistic that we will see justice carried out and we will see accountability in Syria and Egypt. It is complicated and cannot be done overnight. These cases must be carefully put together so that those responsible are properly held accountable and sentenced accordingly.

QUESTION 6 – What are the most important steps to take with regards to minors in Egyptian prisons and across the Middle East? I want actual steps for the future There are a number of allegations against women, minors and cases of sexual nature. These allegations will be investigated and where there is evidence, proceedings will be initiated accordingly.

That’s all I am prepared to say at this stage.

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