17
HUMAN RIGHTS VIOLATIONS
1. Egypt GENERAL, POLITICAL AND LEGAL OVERVIEW Egypt has been witnessing many serious violations of human rights, most significantly in the aftermath of the military coup against Egypt’s first democratically-elected President, Mohamed Morsi, on 3rd July 2013. The coup was led by military leader Abdul Fattah al-Sisi, who later came to power. Since the fateful day, hundreds of protesters have been killed during the dispersal of the sit-ins and demonstrations protesting the coup. Thousands more have been arrested, and numerous cases have emerged reporting the forceful disappearance of many Egyptians; and the spread of torture and sexual assault in prisons and detention centres, all in a glaring violation of international human rights agreements and conventions. Since the coup, Egypt has also witnessed a number of mass death sentences issued against hundreds of political detainees opposed to the coup, and around 830 students have been expelled or suspended for up to two semesters for their opposition.
The right to freedom, fair trial and treatment •
Abductions and enforced disappearance
According to International Law, forced disappearance occurs when authorities detain an individual then deny holding him in custody or refuse to reveal where he is being held. According to the 1992 Declaration on the Protection of All Persons from Enforced Disappearance, “Enforced disappearances occur when persons are arrested, detained or abducted against their will or otherwise deprived of their liberty by officials of different branches or levels of Government, or by organised groups or private individuals acting on behalf of, or with the support, direct or indirect, consent or acquiescence of the Government, followed by a refusal to disclose the fate or whereabouts of the persons concerned or a refusal to acknowledge the deprivation of their liberty, which places such persons outside the protection of the law.” Article 10 of the International Covenant on Civil and Political Rights and Article 20 of the Arab Charter for Human Rights stipulate that all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. The Inter-American Court for Human
18 Rights described isolation for extended periods and holding detainees incommunicado as a crime against humanity. The European Court of Human Rights also condemned forced disappearances and the suffering they inflict on both the detainees and their families. Scores of Egyptians disappeared after being arrested by security forces from their homes, places of work and during demonstrations. Despite many attempts by their families to locate them at police stations and detention centres and letters to public prosecutors, the Ministry of Interior and human rights organisations, many detainees remain missing. Some detainees disappear for a few days before their families and lawyers manage to finally locate them. Cases of disappearance that occurred in 2014 include the following: 1. On 9th November 2014, the director of al-Rahma Hospital, Dr Ramadan Abu al-Yazeed, was stopped by the police on his way to work and beaten. He subsequently disappeared and despite searching for him, his whereabouts is still unknown. 2. On 17th August, Adil Taha Ahmed Qanawi, a 33-year old teacher from Fayyum, was abducted by security forces from Tabarak Hospital while accompanying his wife in labour. His family later learned from relatives of other inmates that he was being held at Al-Azouly Prison. His family appealed to the public prosecutor and
the Minister of Interior but to no avail. 3. Mohammed Sha’ban Abdulsattar al-Laithi, a 21-year old second year engineering student at Cairo University, was arrested on 4th October. He was then taken to an unknown location. According to other detainees, he was transferred back and forth between Fayyum Police Station, the Security Directorate and State Security. They also revealed that he was tortured into confessing crimes he did not commit. His family sent letters to the Public Prosecutor and other government bodies but to no avail. 4. On 18th April, Dr Asmaa Khalaf Shandeen Abdulmajid, a 26-year old doctor at Kasr El Aini Hospital, was abducted by State Security forces. She was seen by other detainees at a number of prisons and detention centres. Her family has not been able to find out where she is being held. 5. On 27th February, police forces and State Security abducted 17-year old Omar Ibrahim al-Husseini. According to his brother, who works as a lawyer, police officers from Zagazig Second Precinct raided the family home in the evening just as Omar was arriving home from school. When they failed to find anyone home except for Omar and his mother, they arrested Omar who has since disappeared. 6. On 15th June, State Security forces arrested Fouad Farouq Mahmoud Kandil, who is the regional manager of Mantrac Egypt and Assistant Secretary-
19 General in the Freedom and Justice Party in the Gharbia Governorate. They raided Kandil’s hotel room while he was on a visit to Alexandria and he was taken to Sidi Gaber Police Station. When his family went to look for him they were informed that he had been transferred to State Security in Gharbia. Kandil, who suffers from liver disease, remains missing until this day. 7. Hajar Ismail, a 17-year old first year student of Islamic Studies, disappeared for two weeks after she was arrested on 18th May whilst on her way to a friend’s house. •
Torture and inhumane treatment
Torture is still rampant in Egypt today, especially in the aftermath of the military coup that overthrew Egypt’s first democratically elected President, Mohamed Morsi. The absence of any legitimate intention to enforce the rule of law and the repressive nature of the regime has meant that security forces have been able to act with full impunity. Human rights organisations documented more than 14,668 cases of torture and sexual assaults1. Female students at al-Qanatir Prison were sexually harassed and subjected to virginity tests in a clear violation of the rule of law. Among the cases 1
According to unofficial statistics issued by the human rights organisations, including the Egyptian Observatory of Rights and Freedoms
that were documented was that of Safa Hasan Taha Hiba, an 18-year old student from Giza, who was arrested without a warrant on 8th January 2014. Police chased her down the streets of her neighbourhood after they suspected her of taking part in anti-coup demonstrations. Safa was thereafter beaten and taken to Madinat Nasr First Precinct and Masr al-Jadida Police Station, before she was finally transferred to al-Qanatir Prison where she was brutally tortured. She was sentenced to three years in prison by the Masr al-Jadida Misdemeanours Court. According to Safa, she was assaulted and tortured by 10 police officers at Madinat Nasr Police Station. She, and a number of other girls, were forced to take their clothes off in front of police officers. When prison officials burnt down some trees near al-Qanatir prison, many snakes escaped into the prison cells where the girls were being held. On 12th February, Mahmoud Mukhtar Abdulmuhsin Mohammed, a 23-year old student at the Higher Institute for Trade and Computing, was arrested at his home in Tanta by police and State Security officers who also assaulted his mother and sister. Mohammed was tortured and electrocuted at Tanta Second Precinct until he agreed to sign a statement with false confessions. He appeared before the public prosecutor on 13th February but, despite the clear signs of torture all over his body, he was
20 not referred to a medical examiner. He was tortured again into confessing to burning a police car. Mohammed was placed in a small closet for three hours. He was finally charged with inciting violence against the police and the army; attempting to overthrow the regime; distributing anti-army and anti-police pamphlets; and using social media to incite violence. He was remanded in custody for 15 days, which was renewed for a further 15 days on 26th February. His family filed a request with the Public Prosecutor to have their son referred to the medical examiner. The Public Prosecutor granted them permission but the doctor’s report omitted any mention of torture-inflicted injuries and instead alleged that Mohammed was suffering from a cold and a few bruises. It later emerged that the report was written under the supervision of the police. Mohammed is yet to be referred to court or charged. He still suffers from chronic pains due to the torture he endured. Also on 12th February, Mohammed al-Yamani, a reporter from Damietta, was arrested by members of several security forces and forcefully disappeared for two days before appearing before the Public Prosecutor. Mohammed was tortured and electrocuted for 24 hours before he was forced to confess to crimes he had not committed and mention certain names in the course of the investigations. According to his family,
Mohammed remained handcuffed and blindfolded for two days while he was being questioned. His remand in custody was renewed for 15 days. Mohammed was transferred to Kafr Saad Police Station and charged with several offenses, including belonging to a terrorist group and setting police cars on fire. He is yet to be tried for these alleged crimes. Other cases include the following: 1. Mohammed Abdul Mu’ti Beltagy, a 22-year old student from al-Azhar University, was stopped by the police as he rode the bus on his way home on 10th January 2014. Upon arrival at Mansoura First Precinct, Mohammed was subjected to what is known as “the welcoming party”, a ritual whereby detainees are forced to take their clothes off followed by a beating by the officers. Mohammed was remanded in custody for 15 days before being transferred to Jamsa Prison. His trial date was set for 15th April on charges of burning police cars, rioting and demonstrating with the aim of overthrowing the Government. 2. Dr Tamer Yusuf Mohammed was arrested on 27th May as he headed home. Dr Mohammed was beaten and dragged along the street by security forces, leaving him with bruises on his face and neck. He was tortured upon arrival at Kafr Saqr Police Station. He was also denied food and drink and held in a cell with convicted criminals. 3. Human rights activist and al-
21 Azhar student, 22-year old Haitham Abu Khalil, was tortured and sexually assaulted while he was detained at the police station of the Second Precinct of Madinat Nasr. Police officers threatened to publish footage of his sexual assault if he did not denounce President Morsi and recite songs praising the army and coup leader al-Sisi.
and State Security officer Mohammed Heet. According to Awad, he was stripped, tortured, and hung like a slaughtered animal throughout the night. He denied all charges against him and when he appeared before the public prosecutor he was returned to the police station for a further three days of torture.
4. Security forces arrested Omar Jamal Ibrahim al-Shewick, a first year student at al-Azhar University. Omar was taken to Madinat Nasr Police Station where he was tortured and abused during interrogation to force him to reveal the names of others who had taken part in anti-coup demonstrations. Omar’s testicles and fingertips were electrocuted. He was also raped with a stick until he finally agreed to have himself filmed making a false confession.
7. On 15th January, police in Ismailia arrested 16-year old Isra’ Hasan alSayyed along with her aunt and cousin. The women were accused of taking part in anti-coup demonstrations. Isra’ was sentenced to two years in prison on 29th of April. She was also subjected to torture and a virginity test on 30th April.
5. College student Ayat Hamada revealed, during a press conference held on 25th February that a police officer arrested her for chanting slogans opposing the arrest of fellow students. She also revealed that she was sexually assaulted by police officers after she was dragged into an armoured car. Ayat added that police officers planted bullets in her bag to arrest her on charges of possession. 6. Awad Abdul Salaam Mohammed Abul Saad, 47-years old, was arrested and tortured at Mansoura First Precinct in Dakahilia under the supervision of Chief Detective Haitham al-Amshawi
•
Arbitrary arrests
The period covered by this report witnessed the arrest of more than 28,000 Egyptians including women and children. Political detainees were held in 42 prisons and 328 police stations all over the country. The election of coup leader al-Sisi led to an increase in the number of arbitrary arrests. Egyptians were arrested on the street and during raids on their homes without warrants. Scores of doctors, engineers and lawyers were arrested at their places of work. In addition to members of the Muslim Brotherhood, arbitrary arrests extend to anyone suspected of supporting the ousted President, Mohamed Morsi. Security
forces
also
detained
22 family members of political detainees during home raids in an attempt to put pressure on political opponents to give themselves up. In one such example, security forces from Damietta police station raided the home of the student Ahmed al-Arabi al-Shahawi on 21st August. However, because they couldn’t find him they arrested his father, mother, sister and his sister’s fiancé instead. His sister’s wedding was scheduled for a few days later. The parents were released but the police announced they would not release the sister and her fiancé unless Ahmed gave himself up. In another incident, security forces in Kafr el-Dawwar in Giza raided the home of Saeed Hasan Sharsheera. However, when they could not find him, they arrested his father, brother and cousin. They also arrested his wife and her father. •
Sick detainees
The majority of Egyptian political detainees suffering from chronic and acute health conditions are denied access to medical care, despite the seriousness of their conditions. Sick detainees are held in overcrowded and unsanitary conditions, sharing cells with healthy detainees. There are reports of detainees held in cells infested with cockroaches and without proper ventilation. Medications brought by family members are not passed on and during winter prisoners
are not given blankets. This systematic neglect has led to the death of scores of detainees. Tarek al-Ghandour and Abu Baker al-Qadi are among those who died in prison: 1. On 30th October, Mahmoud Abdul Rahman al-Mahdi, a 51-year-old resident of Suez, died due to medical neglect at al-Ataqa Prison in Suez. Mahmoud had been held at the prison since his arrest on 19th January 2014 after being accused of belonging to a terrorist organisation and being in possession of firearms and pamphlets. Despite a court decision ordering his release on a £10,000 fine, he remained in detention and was transferred to Suez State Security for a week where new charges were applied. Mahmoud was diabetic and hypertensive. He suffered a heart attack twice. He eventually died due to a lack of medical care, despite his pleas and those of other inmates. 2. Mahmoud Mohammed Mohammed al-Sageer, a 39-year old Egyptian from Alexandria, died at Burj al-Arab prison on 24th August 2014 due to medical neglect. Prison officials refused to take him to hospital to treat a number of health issues he was suffering from, including diabetes. 3. Muslim Brotherhood leader Baker al-Qadi Hanafi died in Qinna Public Prison on 14th November 2014, one year following his arrest. Hanafi was diagnosed with cancer four months before his death, but was denied medical care.
23 4. Tarek al-Ghandour, a Professor of Dermatology at Ein Shams University, died on 12th November 2014 at Shebin al-Koom Prison. Al-Ghandour suffered from liver dysfunction and was imprisoned in Abou Zaabal and Wadi al-Natrun prisons. He was transferred to a general medical centre in the city of Shebin al-Koom in Menufiya. Four days later he suffered bleeding from oesophageal archeries and died six hours later.
The right to life and security •
Extrajudicial killings
More than 789 Egyptians were killed in 2014, including many women, children and elderly2. Most of the killings were deliberate and systematic. Cases include the following: 1. On 17th November, the Egyptian student Mohamed Ramadan Yehia died under torture at El Zaitoon Police Station 13 days following his illegal arrest. 2. On 22nd August, 45-year old Zainab Mahmoud Noor Abdullah, was killed by police officers in Cairo during a peaceful demonstration. Her family faced a long series of problems in their attempt to prove she was killed. She was buried next to her husband Ala’ al-Abaseeri who was killed during the dispersal of the Rabaa sit-in in August 2
According to unofficial statistics issued by the human rights organisations, including the Egyptian Observatory of Rights and Freedoms
2013. 3. Hasan Nadi Abdulal, a 15-year old student from Cairo, was killed by police forces during an anti-coup peaceful demonstration on 14th August 2014. His family learned of his death five days later. 4. On 6th August, Nasra Mahmoud died after sustaining a gunshot wound fired indiscriminately by army forces at a local market. 5. On 28th June, a young girl was killed by a shell that landed on her home during a military campaign by the army on Sheikh Zoueid.