International Coalition for Freedoms and Rights
BEHIND THE WALLS OF SILENCE: THE CRIME OF ENFORCED DISAPPEARANCE IN EGYPT
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BEHIND THE WALLS OF SILENCE: THE CRIME OF ENFORCED DISAPPEARANCE IN EGYPT International Coalition for Freedoms and Rights
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“Enforced disappearance was once employed mainly by military dictatorships. Increasingly it has become a tool of many States around the world -- some operating under counter-terror strategies, or fighting organised crime, and others seeking to quash dissent and human rights activism. Under international law, no one should be kept in secret detention. Any person deprived of his or her liberty must be held safely in officially recognised and supervised locations that observe the rule of law. States should provide full information about the whereabouts of persons who have been disappeared. And they must effectively implement the right to the truth, justice and reparation for all victims and their families. Enforced disappearance is a practice that cannot be tolerated in the 21st Century.� (From the letter of the Secretary-General of the United Nations on the International Day of the Victims of Enforced Disappearances. Saturday, 30th of August, 2014)
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Contents
Executive summary...................................................................................................... 8 Introduction................................................................................................................ 9 What is enforced disappearance?................................................................................ 11 Enforced disappearances and Egypt’s international commitments............................... 14 Enforced disappearance and the Egyptian law............................................................. 16 Enforced disappearances after the revolution of January 25, 2011............................... 19 Enforced disappearances after the military coup in Egypt............................................. 20 Major cases of enforced disappearances which have reached ICFR.............................. 22 Conclusion................................................................................................................... 27
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Executive summary The International Coalition for Freedoms and Rights (ICFR) releases its report on the conditions of enforced disappearances in Egypt. It consists of three reports through which it addresses this crime as a form of a hideous practice being widely and systematically committed in the Arab world against humanity. The report doesn’t only aim at presenting the crime, but also disclosing how much it is systematically and practically connected to the military regime’s approach regarding opposition and dissent, particularly those belonging to the Muslim Brotherhood and the rest of the Egyptian opposition fronts, including the youth and political parties. The report aims to present the result of cases of forced disappearances that have been monitored and published during the past period against opponents of the military coup. ICFR proves that Egypt represents a fertile ground for the crime of enforced disappearances, because of the military regime’s role in providing potential for the prevalence of this crime, and the regime’s continuous failure to fight it. Although there are a series of constitutional and legal Egyptian legislations which prohibit the crime of enforced disappearance, political support of police and army members committing this crime, and failure to investigate by authorities, is a main factor contributing to the continuous failure in punishing the perpetrators of this crime and the continuance of committing it. According to what has been documented in reports, in addition to various cases described by ICFR in this report, ICFR believes that the crime of enforced disappearance in Egypt has grown during the period in which the military took over leadership after the 2011 revolution and after the military coup on the 3rd of July, 2013. ICFR also calls upon concerned international parties to open an international investigation to stop this crime in Egypt, in addition to other crimes against humanity being committed since the military coup in Egypt.
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Introduction The absence of judicial and legal accountability, along with the political sponsorship of the crimes committed by army and police force members by the military regime of Egypt, has led to the outbreak of the crime of enforced disappearance. The availability of the elements constituting enforced disappearance in some cases of unlawful arrest, especially concealing the location of apprehension, and refusing to disclose the fate of the person deprived of his freedom, has led to an increase in the rate of this crime being committed. An observer of this issue will find that such a crime can only prevail under oppressive ruling dictatorships, which clearly rely on security forces in all their dealings with citizens and advocators of freedoms and human rights. The international human rights community has admitted that members of the United Nations need to take direct steps towards fighting this crime. Through analysis of confirmed cases of enforced disappearances and events related to them at the ICFR, one can say that this appalling practice has been used as a means of oppression to cause terror and intimidation by the military regime in Egypt among society and political opposition. As ICFR releases this report, it is aware of the danger threatening the victims of enforced disappearances, a crime against human rights and basic freedoms which have been guaranteed by international charters and conventions and national internal legislations. In this report, we shed the light on the extent to which this crime has spread by discussing the main aspects controlling it, in addition to legal and practical aspects. On the legal side, we provide a definition of the phenomena of enforced disappearance, its main components, the international measures related to it, and to what extent they affect it, not only upon the victim, but also on their family. In the second part of the report, we explain Egypt’s international commitments and binding treaties it has signed which can greatly influence stopping this crime and investigating it, in addition to the commitments of the international community and the Human Rights Council of the United Nations towards holding the Egyptian government accountable for this crime. The last part discusses the crime of enforced disappearance in Egyptian law, and to what extent Egyptian laws stand against this crime.
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ICFR also discusses the rates of this crime when the military took over leadership in Egypt, since this crime’s rates have risen during the periods of the military regime’s leadership after the revolution of 2011 and after the military coup on 3rd July, 2013, according to what has been documented in this report. Finally, ICFR presents examples of cases which have been monitored of enforced disappearances against opponents of the military regime in Egypt within one month only, July, 2015, as a small sample of what the opposition is being subjected to in Egypt by the military coup since it took over the leadership of Egypt.
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What is enforced disappearance? Enforced disappearance is considered one of the most dismal phenomena in the world, and one of the most appalling crimes widely committed by many oppressive regimes. This crime is becoming more widespread and has only recently appeared in Egypt. According to the first report released regarding this issue, the first case of enforced disappearance happened in Egypt in 1989. This crime has spread alarmingly after the January 25th revolution against opposition and activists, and then it transformed into a persistent and systematic crime as a method used by security forces after the military coup on 3rd July, 2013. According to the typical definition, enforced disappearance is: “The imprisonment of a person by the employees of any of the state’s branches, organised groups, or people claiming to work in the name of the state or its support, permission or approval, followed by the refusal to acknowledge the person’s imprisonment, whereabouts, or fate, which places him outside the protection of the law.”1 And according to international measures, enforced disappearance is considered an outrageous and continuing violation of fundamental human rights and freedoms which have been guaranteed by international treaties. It is considered a dangerous violation of human rights during which the following civil or political rights could be violated2: • Right to recognition of legal status, • Right to freedom and personal security, • Right to not being subjected to torture or any other kind of brutal, inhumane or degrading punishment, • Right to life in cases where the missing person is killed, • Right to identity, • Right to a fair trial and judicial guarantees, • Right to an effective remedy including reparations and compensation, • Right to knowing the truth regarding the circumstances of the disappearance.
1 Refer to Article 1 of the International Convention for the Protection of All Persons from Enforced Disappearances: https://www1. umn.edu/humanrts/arabic /CONVEnforcedDisappearance.html (last visit to the link was on July 23, 2015) 2 Refer to the United Nations website, The International Day of the Disappeared: http://www.un.org/ar/events/disappearancesday/ background.shtml (last visit on July 23, 2015)
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Enforced disappearance also violates, in general, the economic, social and cultural rights of the victims and their families to3: • Protection and help for the family, • Suitable living conditions, • Health, • Education.
The International community has taken major steps towards stopping this phenomena and fighting it on an international level, considering it a crime against humanity. Indeed, the Rome Statute of the International Criminal Court, which entered into force on July 1st, 2002, and the International Convention for the Protection of Persons from Enforced Disappearances, which was adopted by the General Assembly on December 20, 2006, dictate that “when committed as part of a widespread or systematic attack directed against any civilian population, it constitutes a crime against humanity” and thus is not subject to statute of limitations. The families of victims are also given the right to demand compensation, and the truth regarding the disappearance of their relatives.4 The international community also considers that every state is responsible internationally for any case of enforced disappearance committed against any person residing within its borders or under its governance.5 Several steps taken by the international community start with international treaties, conventions and appeals, and end with assembling work groups specialising in investigating cases of enforced disappearances and disclosing the fate of the victims.6 One of the work group’s tasks is to help families discover the fate or whereabouts of their relatives who have been reported missing. The group also plays as a channel of communication between the victim’s family member and other resources that report cases of disappearances from one side, and concerned governments from another. For this purpose, the group receives reports submitted by relatives of the missing persons or by human rights organisations working on the families’ behalf, then studies those reports and refers them to the governments. The group asks governments to conduct their investigations and notify it with the results. It would then follow up on its requests for information on a regular basis. These cases remain open in the database of the group until the fate of the missing person or their whereabouts are determined. 7
3 Refer to the United Nations website, The International Day of the Disappeared: http://www.un.org/ar/events/disappearancesday/ background.shtml (last visit on July 23, 2015) 4 Refer to the United Nations website, The International Day of the Disappeared: http://www.un.org/ar/events/disappearancesday/ background.shtml (last visit on July 23, 2015) 5 Refer to Article 2 of International Convention for the Protection of All Persons from Enforced Disappearances: https://www1. umn.edu/humanrts/arabic/CONVEnforcedDisappearance.html (last visit on July 23, 2015) 6 Refer to the website of the team concerned with enforced disappearances: http://www.ohchr.org/AR/Issues/Disappearances/ Pages/DisappearancesIndex.aspx (last visit on July 23, 2015) 7 Refer to the website of the team concerned with enforced disappearances: http://www.ohchr.org/AR/Issues/Disappearances/ Pages/DisappearancesIndex.aspx (last visit on July 23, 2015)
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The General Assembly Declaration on the Protection of All Persons from Enforced Disappearance number 47/133 is considered one of the most important steps taken by the international community to fight enforced dissappearances.8 As for the Egyptian legislative system, it contains many legal regulations that would prevent or limit this phenomena if activated and applied. These regulations are included in the Egyptian constitution, the Code of Criminal Procedures, and the criminal code. These international treaties, conventions and covenants which have been approved by Egypt are considered part of the national legislative system according to article 151 of the constitution “the president of the republic represents the state in its foreign relations, and concludes agreements, and approves them after being approved by the House of Representatives and they have the authority of the law after being published according to the laws of the constitution.”9 Accordingly, these international treaties, conventions and covenants that have been approved by Egypt are considered a part of the legislative system of Egypt and are to be applied internally.
8 Refer to the Declaration on the Protection of All Persons from Enforced Disappearance: https://www1.umn.edu/humanrts/arabic/ CONVEnforcedDisappearance.html (last visit was on July 23, 2015) 9 Refer to the website of the Egyptian Constitution: http://dostour.eg/2013/topics/regime/Chief-of-state-144-2/comment/86276/ (last visit on July 23, 2015)
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Enforced disappearances and Egypt’s international commitments The international community asserts that all governments should approve international treaties involving guarantees and measures against disappearances, among which is the International Covenant on Civil and Political Rights10, and its optional protocol11 which guarantees individual grievances. Governments need to guarantee full application of related texts in these two documents and other international documents, among which is the UN Declaration on the Protection of All Persons from Enforced Disappearances.12 It should also respond to the recommendations of international governmental organisations regarding these violations.13 Governments also need to follow all measures necessary to mediate with governments of states where cases of disappearances have been reported. They also need to make sure that the transfer of equipment, knowledge and training to the army or security forces, or the use of police forces does not facilitate disappearances. In addition, no one should be forced to go back into a country where they face the danger of enforced disappearance.14 Egypt has signed the United Nations’ main seven agreements regarding human rights.15 They are: “the two International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights (1982); the Convention on the Elimination of All Forms of Racial Discrimination (1967); the Convention on the Elimination of All Forms of Discrimination against Women (1981); the Convention against Torture and other cruel, inhumane or degrading treatment (1986); the Convention on the Rights of the Child (1990); and the protection of migrant workers and their families rights agreement (1993). Egypt has also signed the optional protocol of the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (2007), and the optional protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography16.
10 Refer to the International Covenant on Civil and Political Rights: http://www1.umn.edu/humanrts/arab/b003.html (last visit on July 23, 2015) 11 Refer to the International Covenant on Civil and Political Rights Optional Protocol: http://www.ohchr.org/AR/ ProfessionalInterest/Pages/OPCESCR.aspx (last visit on July 23, 2015) 12 Refer to the International Covenant on Civil and Political Rights Optional Protocol: http://www.ohchr.org/AR/ ProfessionalInterest/Pages/OPCESCR.aspx (last visit on July 23, 2015) 13 Refer to the “14-POINT PROGRAM FOR THE PREVENTION OF “DISAPPEARANCES” of Amnesty International: https:// goo.gl/h0vUus (last visit on July 29, 2015) 14 Refer to the “14-POINT PROGRAM FOR THE PREVENTION OF “DISAPPEARANCES” of Amnesty International: https:// goo.gl/h0vUus (last visit on July 29, 2015) 15 Refer to Egypt’s page on the website of the High Commissioner for Human Rights: http://www.ohchr.org/AR/countries/ MENARegion/Pages/EGIndex.aspx (last visit on July 23, 2015) 16 Refer to the international covenants signed by Egypt: http://hypatia1.blogspot.com.tr/2012/08/blog-post_22.html (last visit on July 23, 2015)
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Further, Egypt also signed the International Labour Organisation’s eight conventions related to human rights: The Forced Labour Conventions (No. 29, 105) (1955 and 1985 respectively); Conventions (98 and 57) on Freedom of Association and Collective bargaining (1957 and 1954 respectively); Equal Remuneration Convention (100) and Discrimination (Employment and Occupation) Convention (111) (1960); and the Conventions (138 and 182) on the prevention of the use of minor children (1999 and 2002 respectively).17 As for regional conventions, Egypt has agreed on the Cairo Declaration on Human Rights in Islam “issued by the Islamic Foreign Ministers Conference in 1990, which is a guidance document and does not require ratification. Egypt also signed the Arab Charter of Human Rights, which was prepared by the Arab Summit in Tunisia in May 2004, but it did not ratify it like most Arab countries. Egypt also joined the African Charter on Human and People’s Rights (1983). Egypt hasn’t ratified or signed any conventions or charters related to enforced disappearances. However, despite the state’s right in reservation on accepting some international conventions related to human rights, it still has to commit to the international measures of protecting human rights, because it is a part of the Charter of the United Nations and it is also a part of legislative international conventions that represent international measures of human rights. The state’s commitment to the Charter of the United Nations and international conventions on human rights represents a legal commitment with applicable influence as soon as the constitutional requirements for the ratification of the convention are completed. That is according to Article 26 of the Vienna Convention on the Law of Treaties of 1946 which states that “Every treaty in force is binding upon the parties to it and must be performed by them in good faith.”18 Based on the aforementioned, as soon as the constitutional requirements to ratify the convention are completed, the convention will have the power of internal laws, and the state’s departments will be bound to enforce the conventions as part of the internal law.19
17 Refer to the international covenants signed by Egypt: http://hypatia1.blogspot.com.tr/2012/08/blog-post_22.html (last visit on July 23, 2015) 18 Refer to the international covenants signed by Egypt: http://hypatia1.blogspot.com.tr/2012/08/blog-post_22.html (last visit on July 23, 2015) 19 Refer to the international covenants signed by Egypt: http://hypatia1.blogspot.com.tr/2012/08/blog-post_22.html (last visit on July 23, 2015)
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Enforced disappearance and Egyptian law Egypt’s constitution, in addition to other criminal legislations, includes many articles regarding human rights, although they don’t contain any explicitly specific texts regarding enforced disappearance. However, since it is considered an extreme violation of many human rights, these regulations and legal texts can be used to prevent this crime or limit its occurrence20. Egypt’s constitution contains many articles which justify the protection of personal and public rights of individuals. Article 54 of the Egyptian constitution states that: “Personal freedom is a natural right which is safeguarded and cannot be infringed upon. Except in cases of in flagrante delicto, citizens may only be apprehended, searched, arrested, or have their freedoms restricted by a judicial warrant necessitated by an investigation. All those whose freedoms have been restricted shall be immediately informed of the causes therefor, notified of their rights in writing, be allowed to immediately contact their family and lawyer, and be brought before the investigating authority within twenty-four hours of restricting their freedoms. Right to counsel questioning of the person may only begin once his lawyer is present. If he has no lawyer, a lawyer will be appointed for him. Those with disabilities shall be provided all necessary aid, according to procedures stipulated in the law. Right to counsel those who have their freedom restricted and others possess the right of recourse before the judiciary. Judgment must be rendered within a week from such recourse; otherwise the petitioner shall be immediately released.”21 Article 57 of the Egyptian Constitution states that: “Private life is inviolable, safeguarded and may not be infringed upon. Telegraph, postal, and electronic correspondence, telephone calls, and other forms of communication are inviolable, their confidentiality is guaranteed and they may only be confiscated, examined or monitored by judicial order, for a limited period of time, and in cases specified by the law.”22These articles contain essential guarantees against enforced disappearances and limit their occurrence, since they impose on authorities performing arrests or apprehension to commit to the following procedures: 20 Refer to Vienna Convention on Treaties: https://www1.umn.edu/humanrts/arabic/viennaLawTreatyCONV.html (last visit on July 23, 2015) 21 Refer to Vienna Convention on Treaties: https://www1.umn.edu/humanrts/arabic/viennaLawTreatyCONV.html (last visit on July 23, 2015) 22 Refer to the report of the Human Rights Association for the Assistance of Prisoners, “Alive Without Presence”: http://www.hrcap. org/artical.php?id=406&cat_id=114 (last visit on July 23, 2015)
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• The necessity of notifying all those arrested or apprehended with reasons of their arrest or detention; • Contacting the person that the arrested individual wants to notify immediately and providing them with the assistance of a lawyer; • The right to notify relatives and parents with the location of his detention; • Citizens may only be apprehended, searched, arrested, or have their freedoms restricted by a judicial warrant or an order from the public prosecutor; • Citizens may not be apprehended in unauthorised locations.
These constitutional guarantees provide enough protection to citizen’s public and private freedoms and rights, and prevent or limit the occurrence of enforced disappearances, since they abide security forces in the country by several procedures which when applied, prevent the occurrence of enforced disappearances. In order to complete the protection provided by the constitution of public and private rights and freedoms, the Code of Criminal Procedure puts in place extra restrictions on arresting authorities, through Article 41 of the Criminal Procedure, which prevents arresting any person or apprehending him without the order of legally specialised authorities, and the arrested person must be treated in a manner preserving their dignity and may not be harmed physically or morally.23
Article 41 of the Egyptian Criminal Procedure Code states that: “No citizen may be incarcerated in places other than prisons specified for such purpose; no prison officer shall accept any person without an order from a competent authority, and shall not keep a prisoner after the period specified in that order.”24 Articles 41 and 42 from the Criminal Procedure Code holds the public prosecutor liable for ensuring that no one is arrested or imprisoned illegally, or in places not dedicated for imprisonment. It also and holds him liable for investigating and ordering the release of illegally imprisoned persons. Article 42 states that: “Each of the members of the General Prosecutor’s Office and the heads and agents of primary and appellate courts is to visit public and central prisons in their jurisdiction, and make sure no one is imprisoned illegally, and they can go through prison books and orders of arrest and confinement, and take copies of them.25
23 Refer to article 54 of the Egyptian Constitution: http://www.sis.gov.eg/Newvr/consttt%202014.pdf (last visit on July 23, 2015) 24 Refer to article 54 of the Egyptian Constitution: http://www.sis.gov.eg/Newvr/consttt%202014.pdf (last visit on July 23, 2015) 25 Refer to the Egyptian Criminal Procedure Law -The Egyptian Court of Cassation website: http://www.cc.gov.eg/Legislations/ Principle_Legislations/Criminal_Procedure_Code.aspx (last visit on July 23, 2015)
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Article 43 states that: “Anyone informed about the presence of a prisoner who has been imprisoned illegally or is in a place not dedicated as a prison needs to notify members of the public prosecutor’s office, go directly to the place of the illegally imprisoned person, conduct an investigation, and order the release of the person illegally imprisoned and report the incident.”26 Despite the wide authorities given to emergency authorities and the exceptional articles in the emergency law, Article 3 of the aforementioned law gives the arrested person the “right to be notified in writing and immediately of the reasons of their arrest, and the right to contact whom they want to notify of what happened, and to get the assistance of a lawyer and be treated as a person held on suspicion.”
Despite the guarantees mentioned in the constitution and the law, they haven’t prevented or limited enforced disappearances for many reasons, most important of which are:27 The weak penalty stated in cases of falsely arresting or holding people, Article 280 of the penal code states that: “Anyone arresting or holding a person without an order from a specialised authority and in conditions other than those defined by regulation and laws regarding arresting suspects, will be punished with imprisonment or a fine not exceeding 200 Egyptian pounds.” 28 Such a weak punishment would be upgraded from the punishment of a misdemeanour to a felony according to what is stated in article 282: “If the arrest occurs according to the case described in article 280 by a person falsely wearing the uniform of a government employee or posing in a false personality or presenting a forged order claiming it was released from a governmental party, the person will be punished with prison, while anyone committing a false arrest of a person, and threatening them with murder or torturing them physically, will be punished in all cases with temporary hard labour.” 29 The general prosecutor’s office is failing in its legal role in monitoring prisons according to the previously mentioned articles (42-43) of the Criminal Procedures Code.
26 Refer to the Egyptian Criminal Procedure Law -The Egyptian Court of Cassation website: http://www.cc.gov.eg/Legislations/ Principle_Legislations/Criminal_Procedure_Code.aspx (last visit on July 23, 2015) 27 Refer to the Egyptian Criminal Procedure Law -The Egyptian Court of Cassation website: http://www.cc.gov.eg/Legislations/ Principle_Legislations/Criminal_Procedure_Code.aspx (last visit on July 23, 2015) 28 Refer to the Egyptian Criminal Procedure Law -The Egyptian Court of Cassation website: http://www.cc.gov.eg/Legislations/ Principle_Legislations/Criminal_Procedure_Code.aspx (last visit on July 23, 2015) 29 Edited – Refer to the Human Rights Association for the Assistance of Prisoners, “Alive without Presence”: http://www.hrcap. org/artical.php?id=406&cat_id=114 (last visit on July 23, 2015)
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Enforced disappearances after the revolution of January 25, 2011 After the January 25, 2011, revolution, a large increase in the numbers of enforced disappearances has occurred with Egyptian security authorities practicing this crime in a very systematic manner. The British newspaper, The Guardian, published what it considered confidential documents accusing the Egyptian Army of being responsible for the crimes of enforced disappearances. It also published the testimonies of citizens discussing the torture of their relatives by the military forces. These documents also shed light on disturbing events when the military was involved in serious violations of human rights in their support to Mubarak against protestors.30 The Guardian also published reports accusing the Egyptian military forces of participating in enforced disappearances, torture and murders all around the country – including The Museum of Egyptian Antiquities – during the 2011 revolution, even when military leaders announced their neutrality. This information was obtained after a presidential report investigating crimes during the revolution was leaked. Furthermore, the newspaper mentioned that there was news of more than a thousand people, including prisoners, who went missing within 18 days of the revolution. The number of bodies in the morgues had also risen; including bodies of people who were shot or whose bodies showed signs of torture. Many others had disappeared, leaving behind desperate families wishing, at best, that their loved ones were imprisoned.31 Among the events concerning the fate of missing persons or those who were forcibly disappeared in the report, investigators found that military forces were behind an unknown large number of civilians arrested at searching points on the highway south of Cairo, who were not to be seen afterwards. According to the report, protestors were arrested and tortured at The Egyptian Museum before being moved to military prisons, which led to the killing of at least one person. Thereafter, 11 unknown bodies were delivered to the Egyptian Forensic Medicine Authority in the capital, believed to be former prisoners buried in Al Sadaqa cemeteries four months later.32 “The committee found out that a number of citizens have passed away while being held by military forces and were buried in Al Sadaqa cemeteries, where they were considered ‘unknown’.” The report adds that authorities did not investigate the matter, despite evidence of injuries and extreme torture.33 30 Refer to the Egyptian Criminal Procedure Law -The Egyptian Court of Cassation website: http://www.cc.gov.eg/Legislations/ Principle_Legislations/Criminal_Procedure_Code.aspx (last visit on July 23, 2015) 31 Refer to the Egyptian Criminal Procedure Law -The Egyptian Court of Cassation website: http://www.cc.gov.eg/Legislations/ Principle_Legislations/Criminal_Procedure_Code.aspx (last visit on July 23, 2015) 32 The British newspaper The Guardian’s report “Egypt’s army took part in torture and killings during revolution.” Some leaked documents shed some light on crimes; including crimes of enforced disappearance, during the revolution to overthrow Hosni Mubarak: http://www.theguardian.com/world/2013/apr/10/egypt-army-torture-killings-revolution (last visit on July 23, 2015) 33 Refer to the translation of the first episode of the Guardian’s leaked report of the investigating committee published on the site “The Egyptian Nadim Center for the Rehabilitation of Victims of Violence and Torture” on their Facebook page through this link: https://www.facebook.com/notes/10151614002684365/ (last visit on July 23, 2015)
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Enforced disappearances after the Egyptian military coup The military coup in Egypt that occurred on July 3, 2013, is considered a turning point that led to a massive deterioration in the human rights situation and the state of freedoms in Egypt quantitatively and qualitatively. At the heart of this deterioration is the crime of enforced disappearances. This crime became systematic, and local security forces started practicing it without the presence of any deterrent or prevention due to the full political support of the ruling military authorities. During the past two years that followed the military coup, the number of persons who were forcibly disappeared has risen to 3,000 citizens according to reports published by the Egyptian Observatory for Rights and Freedoms34 and the families of ‘forcibly disappeared’ people in Egypt. A report attributed to the Egyptian Coordination of Freedoms and Rights, states that during the month of April 2015, 228 cases of enforced disappearances were recorded. The following month the organisation reported: “we were alarmed by the increase in the number of cases of enforced disappearances in May, which has risen to 393. This number is the total of what was recorded within very difficult conditions surrounding those monitoring and documenting these cases, including threats and security prosecutions to all workers in the human rights fields in Egypt, be they individuals or civil society organisations.” 35 The report also mentioned that at the beginning of this year, January 2015, the northern and middle governorates in the republic had the highest recoded cases of enforced disappearances, where the number of cases in the Gharbia Governorate had reached 120, followed by Cairo which witnessed 71 cases, Sharqia Governorate with 35 cases, Kafr el-Sheikh Governorate with 31 cases, Giza with 23 cases, Beheira with 18 cases, Beni Suef with 16 cases, Qalyubia with 15 cases, Dakahlia with 13 cases, Alexandria with 10 cases, Monufia with 9 cases, Damietta and Sohag with 6 cases each, two cases in each of the governorates of Aswan, Assiut, Luxor, Ismailia, Suez, Port Said and Qena, and one case in each of the governorates of Fayoum, Minya and North Sinai.36 The report also confirms that the number of cases of people who were forcibly disappeared and then appeared is 121. These persons were forcibly disappeared for a period ranging between 48 hours and 30 days. There are 210 cases of persons forcibly disappeared who have not yet appeared, and 62 cases of persons who are not known if they are prosecuted or still under enforced disappearance.37 34 Refer to the translation of the first episode of the Guardian’s leaked report of the investigating committee published on the site “The Egyptian Nadim Center for the Rehabilitation of Victims of Violence and Torture” on their Facebook page through this link: https://www.facebook.com/notes/10151614002684365/ (last visit on July 23, 2015) 35 Refer to the translation of the first episode of the Guardian’s leaked report of the investigating committee published on the site “The Egyptian Nadim Center for the Rehabilitation of Victims of Violence and Torture” on their Facebook page through this link: https://www.facebook.com/notes/10151614002684365/ (last visit on July 23, 2015) 36 Refer to The Egyptian Observatory of Rights and Freedom’s page on Facebook: https://www.facebook.com/Egypt.O.R.f (last visit on July 23, 2015) 37 Refer to the Report “Behind the Sun”, Egyptian Coordination for Rights and Freedoms’ Facebook page: https://www.facebook.
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The report also confirms that by analysing the cases of enforced disappearances, we find that some cases of missing persons were killed under torture and their bodies were hidden or their death was shown as a result of suicide, explosions or clashes with police forces, such as in the case of Islam Ateeto. While others were prosecuted and showed signs of serious injuries caused by torture, the public prosecutor refused to investigate any cases of enforced disappearances or torture. 38
com/ECRF.Official/posts/467354063431986 (last visit on July 23, 2015) 38 Refer to the Report “Behind the Sun”, Egyptian Coordination for Rights and Freedoms’ Facebook page: https://www.facebook. com/ECRF.Official/posts/467354063431986 (last visit on July 23, 2015)
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Major cases of enforced disappearances which have reached ICFR Since ICFR began its work, it has continued to monitor and record cases of enforced disappearances against Egyptian citizens and the alarming extent to which security forces have been using this system. ICFR has published dozens of cases of enforced disappearances which it has recorded through the daily monitoring of the status of rights in Egypt. Among these cases were the cases monitored and published during the month of June2015.39 All these cases were of persons who were forcibly disappeared after being arrested, with some spending time missing before they were brought before prosecution.
The arrest and enforced disappearance of Omar Mohamed Al-Seba’y 40
On March 31, 2015, Egyptian security forces arrested student Omar Mohamed Al-Seba’y along with four other students inside Azhar University branch in Assiut. Omar was then forcibly disappeared, which drove his lawyers to file reports to the general prosecutor of Assiut, and file police reports reporting him missing. Student Omar Mohamed Al-Seba’y appeared alone before the general prosecutor who accused him of the manufacturing and possession of explosives at the headquarters of Azhar University branch in Assiut. On July 22, 2015, prosecutors in Assiut ordered renewing Omar’s remand for fifteen more days pending investigations following his arrest and enforced disappearance. ICFR confirms that Omar’s forced disappearance came before his appearance, violating the International Convention for the Protection of All Persons from Enforced Disappearances, which states in its second paragraph of its first article that: “Enforced disappearances may not be justified by exceptional circumstances whatsoever, whether they are relating to a state of war, a threat of war, internal political instability or any other public emergency.”
39 Refer to the Report “Behind the Sun”, Egyptian Coordination for Rights and Freedoms’ Facebook page: https://www.facebook. com/ECRF.Official/posts/467354063431986 (last visit on July 23, 2015) 40 Refer to the Report “Behind the Sun”, Egyptian Coordination for Rights and Freedoms’ Facebook page: https://www.facebook. com/ECRF.Official/posts/467354063431986 (last visit on July 23, 2015)
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The arrest and enforced disappearance of Ahmad Khairy
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On July 17, 2015, Egyptian security forces arrested Ahmad Khairy, who worked as an engineer and is married with two children, at his residence in Banha city in the Qalyubia Governorate. Since his arrest he has been in enforced disappearance until the writing of this report, according to information that has reached ICFR. Ahmad Khairy was arrested after the Rabaa massacre on September 9, 2013, and was released mid-December 2013 after the general prosecutor reviewed his case.
The arrest and enforced disappearance of Saad Al-Dweik
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On June 28, 2015, 21 years old Saad Abdul Samee’ Al-Dweik, third year student at the Higher Technological Institute at 6th of October City, was arrested by Egypt’s security forces inside Resala Charity, one of the charities in Egypt, during the charity’s meeting along with his colleagues in its branch in Dukki, Giza, without an order from any judicial authority allowing the arrest. He was then forcibly disappeared. Saad is still forcibly disappeared to the time of publishing this report. His family has filed many complaints to the general prosecutor’s office, the minister of interior and the minister of justice, on the day following his arrest. None of the complaints were looked into and no action was made to disclose the whereabouts of the kidnapped student.
The arrest and enforced disappearance of Musatafa Al-Ghunaimy 43
On July 10, 2015, Egyptian security forces arrested Mustafa Hassan Kamel Al-Ghunaimy from in front of El Seraj Mall in Nasr city, Cairo, where he was attacked by masked men who forced him out of his car and put him in an undisclosed car, driving away to an unknown location. Al-Ghunaimy is 36 years old and is married to the daughter of Khairat Al-Shater, a leader in the Muslims Brotherhood and who is currently detained in Egyptian prisons. Al-Ghunaimy works as a salesman and lives in Nasr city. Since his arrest and forced disappearance, Mustafa Al-Ghunaimy’s family have filed complaints to the general prosecutor in order to know his whereabouts and the perpetrators of this crime, but they did not receive any response.
41 Refer to: www.icfr.info/ar/ 42 Refer to: www.icfr.info/ar/9594 (last visit on July, 23 2015) 43 Refer to: http://www.icfr.info/ar/9591 (last visit on July 23, 2015)
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The arrest and enforced disappearance of Ahmad Mehrez, Ali Suleiman and others 44
TOn July 23, 2015, Egyptian security forces in Ismailia broke into Ahmed Mohamed Mehrez’s home, arrested him, and took him to an unknown location. Ahmed is an eleventh grader who lives in Kassassin. Ahmed was subjected to enforced disappearance since his arrest and his location is unknown. On July 17, 2015, Ali Suleiman, a student at Al-Azhar University, was arrested by security forces in Qantara. He was also forcibly disappeared following his arrest. On July 12, 2015, security forces in Ismailia arrested 16 year old Abdullah Ramadan Ibrahim, a student at a high school living in Al-Salam city. He was forcibly disappeared and remains so. On July 14, 2015, security forces in Ismailia arrested student Osama Ra’fat, also a resident in Al-Salam neighbourhood. He too was forcibly disappeared following his arrest. The students Ahmad Taha Dragon, Abdul Rahman Ibrahim and Samarah Abdullah, second year students at the Faculty of Sharia and Law at Al-Azhar University’s Tafahna Al-Ashraf branch, were arrested on July 14, 2014. Their whereabouts are not known following their arrest and subjugation to enforced disappearance.
The arrest and enforced disappearance of nine citizens in Damanhur 45
On May 1, 2015, Egyptian forces in Damanhur, Beheira Governorate, arrested nine citizens and subjected them to enforced disappearance. Waleed Fawzi Abu Zeid, Muhamed Abdullah Kalkeelah, Abed Ahmed Khalil, Sha’ban Mohamed Al-Shinnawi, Ahmed Jaber Ateieh Qasem, Adham Hassan, Khaled Al-Samdeesy and Hadi Odeh, were all subjected to enforced disappearance. Security forces deny knowing the place of their detention.
The arrest and enforced disappearance of Mohamed Hassan Kadeeha and Jaber Almer 46
On July 15, 2015, Egyptian security forces at Abu Hummus station in Beheira Governorate arrested Mohamed Hassan Kadeeha, a technology teacher at Kom Takalah School, and subjected him to enforced disappearance after raiding his home and arresting him. Security forces also seized his laptop and mobile phone, as well as his family’s phones. On July 13, 2015, security forces in Abu Hummus also arrested Jaber Mohamed Elmer, a teacher at an industrial high school in Abu Hummus, and seized his laptop and mobile phone. 44 Refer to: www.icfr.info/ar/9559 (last visit on July 23, 2015) 45 Refer to: http://www.icfr.info/ar/9569 (last visit on July 23, 2015) 46 Refer to www.icfr.info/ar/9556 (last visit on July 23, 2015)
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The arrest and enforced disappearance of Ahmad Ibrahim Al-Husainy Hassan 47
On May 16, 2015, Egyptian security forces arrested 25 year old student Ahmad Ibrahm Al-Hussainy Hassan, vice president of the student union at Zagazig University in the Sharqia Governorate of Egypt. He was forcibly disappeared without being allowed to call his family or his lawyer. Ahmad’s family has tried to ask about him at nearby police stations, but all deny Ahmad’s presence at their stations. The family has also sent several telegraphs to the attorney general and the director of security, but did not receive any response. News emerged that Ahmad is detained at the headquarters of the Central Security Forces camp at Zagazig city in Sharqia, and that he was being subjected to appalling forms of torture. He was beaten with sticks and electrocuted to force him to confess to crimes he didn’t commit.
The arrest and enforced disappearance of Mahmoud Rashad Mohamed Ibrahim 48
On July 4, 2015, security forces arrested 26 year old Mahmoud Rashad Mohamed Ibrahim, who works as an accountant from his home in Menyet Mogahed in Dakahlia Governorate, after they raided his home and arrested him with no warrant or reason. Mahmoud Rashed’s family explained that he was severely beaten during his arrest at his home by security forces, and was subjected to enforced disappearance. His whereabouts were not known until July 14, 2015, when his family was able to locate the place of his apprehension at Awwal Al-Mansourah station after appearing before the North Mansoura prosecutor. He remains in detention.
The arrest and enforced disappearance of Dr Osama Obeid
49
On July 8, 2015, Egyptian security forces at Monufia Governorate raided Dr Osama Obeid’s Radiology Centre and arrested him unlawfully, while he was conducting a medical examination on a patient. Osama Obeid is a Professor at the Faculty of Medicine at Monufia University. Security forces never showed an order from a judge or general prosecutor, nor did they disclose the location of his detention or the reasons of his arrest where he was subjected to enforced disappearance following his arrest.
47 For more information about this case, refer to: www.icfr.info/ar/9498 (last visit on July 23, 2015) 48 For more information about this case, refer to: http://www.icfr.info/ar/9467 (last visit on July 23, 2015) 49 For more information about this case, refer to: http://www.icfr.info/ar/9359 (last visit on July 23, 2015)
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Conclusion ICFR believes that the crime of enforced disappearance committed against opponents of the military coup has contributed greatly in destabilising the security and peace of civilians. There are currently thousands of family members of imprisoned persons who were subjected to enforced disappearance. These family members no longer believe in legal procedures, for they tried to turn to authorities to stop the violations against them and their children, demanding investigations to find out the fate of their loved ones who were subjected to enforced disappearance. All their efforts were in vain. ICFR places its report in the hands of concerned authorities, and confirms that the crime of enforced disappearance in Egypt is being committed under the full support of military authorities as well as investigative authorities represented by the general prosecutor’s office. This is considered a major contributor to the outbreak of this atrocious practice against Egyptian citizens. Finally, ICFR asserts that the crime of enforced disappearance is a crime against humanity according to international law. It is not subject to the statute of limitations and has to be investigated internationally by concerned authorities. The perpetrators of this crime should and must be prosecuted locally, and internationally.