Newsletter issue 40

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Vol.40

13/04/2015

The First Human Rights Newsletter dedicated To Egyptian Affairs

ICFR’s statement condemning the death sentences ordered through military trials in Egypt The ICFR has called the Egyptian Government to reject the death sentences issued by military tribunals and to cease referring defendants to military courts, taking into account the codes of fair trials while considering court cases. ICFR has emphasised the urgency of dismissing the death sentences passed by military tribunals against civilians. On Tuesday 24th March the military tribunal of appeals declined an appeal made by 7 Egyptians sentenced to death and two others to life in prison, for being involved in killing members of the security force in the case known as the Arab Sharkas. Lawyers of the defendants have protested against the verdict of the military tribunal of appeals at Haikstep in eastern Cairo. The lawyers insisted that their clients, who are all civilians, did not take part in the attack as they were in custody at the Azouli military prison when the Mustorod Police force was attacked. ICFR declares that military tribunals of civilians is an utter transgression of the International Law. As these trials are authorised by the Defense Minister, they lack many of the essential pledges for fair trials. In these trials all jurists and members of prosecution have a military rank that obligates them to act according to military regulations. In this case, the Defence Minister has the absolute authority to appoint the jurists according to the recommendations of the Chairman of the Military Judicial Commission. As such, jurists are not authorised to put on trial those of a higher rank.

member of the court, he has absolute power to cancel, terminate, reduce the verdict, or even demand a retrial. Thus, these courts do not perform independently and cannot act neutrally even if they intend to. Moreover, military courts do not adhere to the proper procedures in dealing with court cases. Often they do not inform defendants of their charges and detain them for long periods without notifying their families of the places of detention. In most cases, these places could be unsupervised military jails in a way that obscures investigation concerning practices of violation and torture against detainees. In other cases, the defendants are detained at military barracks which makes it very hard for their lawyers and families to have access in a manner that adds to the suffering of the defendants as in the case of Arab Sharkas. ICFR contends that boosting national security is enabled through justice and not by tyranny. It believes that stability is fulfilled when governments endeavour to protect and ensure the rights of individuals. In addition, deterring terrorism can only be achieved through just trials that unveil the facts and prosecute the perpetrators. ICFR confirms that timely justice must ensure a just and fair trial along with a prompt settlement of the court cases which can be carried out by means of a civil judicial court. Once trials favour promptness over justice, as is the case with military trials, timely justice would turn into acts of retaliation and intimidation.

Accordingly, their sentences are not considered as valid unless attested by an officer. Though this officer is not a 1


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ICFR welcomes the decision of the African Commission to investigate Egyptian violations ICFR welcomes the decision by the African Commission on Human and Peoples' Rights decision to take up a complaint filed against Egypt, alleging violations of the African Charter by its closure of the Rafah border crossing to Gaza. This follows the complaint filed against Egypt on 11th August 2014 by ICFR and The Palestine Solidarity Alliance (PSA), together with four other solidarity groups. The complainants submit that “Egypt has maintained and continues to maintain essentially a total closure of the Rafah border crossing thereby creating, contributing to, or intentionally compounding, an enormous humanitarian crisis confronting a defenceless and vulnerable refugee population of almost two million people, half or more of who are children in Gaza.” ICFR asserts its complete support for this positive initiative, in the hope that it may lead to the alleviation of the humanitarian crisis the people of Gaza are enduring in the ongoing Israeli-Egyptian imposed blockade.

27 March 2015

13/04/2015

Hany Amer, a 35-year-old computer programmer, has been sentenced to death along with eight others by a military court for taking part in attacks on a police van and an army checkpoint in March 2014, and for being a leader of Ansar Beit al-Maqdis, an extremist group that later pledged allegiance to Islamic State. Among other allegations, military prosecutors said Amer and his co-defendants “agreed between each other on a hostile attack against one of the army’s personnel transportation vehicles while military personnel were inside it” and were arrested days later on 19 March. But Amer’s lawyers and family say that he was arrested on 16 December 2013, well before any of the attacks took place, and likely taken to Azouli, a secret military prison. In a message apparently smuggled from prison, Amer wrote that his conviction constituted “the highest degree of infidelity and tyranny … by accusing us of participating in incidents that took place while we were under arrest”. Egypt’s military judicial authority repeatedly said no-one was available to respond to the claims, while a spokesman for the defence ministry declined to comment. Egypt’s main mouthpiece, the State Information Service, said it was not authorised to respond on the army’s behalf. Source: The Guardian

26 March 2015

Court confirms death sentences against 6 detainees including a minor

Egyptian faces death penalty for crimes he did not commit, lawyers say

There is deep concern regarding the newest death penalties served to Egypt’s opposition. This comes following the recent rejection of defendants appeals in the renowned Arab Sharkas case where 7 were sentenced to death by military court. Seven referrals have been upheld 2


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on political grounds while two others have been issued life sentences. A military court sentenced 6 civilians present during the hearing to death and another in absentia. Two others received life sentences. The verdict comes after the death sentences originally handed out in August were referred to Egypt’s grand mufti advisory opinion for approval. The defendants were accused of planning terrorist operations, shooting at security forces, attacking military facilities and naval ships and being members of Ansar Beit Al-Maqdis. According to the defendants’ families the sentences were served with complete disregard to evidence presented to prove their innocence. They added that the defendants were not given a fair chance to defend themselves during the military hearing: a complete violation of article 14 stipulated in the international convention regarding civilian and political rights which states “all persons shall be equal before the courts and tribunals”. The article also cites that in the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The defendants were denied the right to testimonies by witnesses whereas only one police official’s testimony against them was heard. The defendants also remained abducted for three months with no information regarding their whereabouts. They were brutally tortured and forced to confess to crimes they did not commit as a result. Source: Human Rights Monitor

Hamdy was arrested on 22 February, allegedly on charges of belonging to an outlawed group and possession of weapons, and reportedly died two days after. Preliminary investigations showed that after he was interrogated by officers in the police station, he collapsed and died. The initial forensic report said that Hamdy “suffered broken ribs and a severe internal bleeding in the brain, which confirms he was beaten”. The officers, a lieutenant colonel and a major, were held pending investigations, but were later released on bail. Hamdy’s death was the first of three cases to take place in February, where civilians in Matariya police station are reported to have died from torture.

30 March 2015

Amnesty International calls on government to use political pressure to help Ibrahim Halawa

29March 2015

Egypt releases officers accused of torturing lawyer to death A Cairo Court released on bail Saturday two Homeland Security officers charged with torturing a lawyer named Kareem Hamdy to death in Matariya police station. The prosecution appealed against the court’s decision and an official trial for the defendants is yet to take place.

Amnesty International says it is ‘deeply concerned’ for the welfare of Ibrahim Halawa, whose trial has been adjourned until April. 3


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The Dublin teenager was due to face a mass trial on 29th March – but his court date has now been delayed for a fifth time.

NCHR’s statement. Their testimonies revealed violations of prison regulations regarding visits and time to exercise.

Mr Halawa (19) has been detained in an Egyptian prison for over 19 months, and if convicted could face the death penalty. He and 493 other people are on trial for their alleged role in violence during protests that took place on August 16th and 17th 2013, in the Ramsis area of central Cairo. At least 97 people died in the protests.

The prison’s administration had taken disciplinary measures against the four prisoners through putting them in ‘disciplinary rooms’ for periods that ranged between 7 to 16 days amid “inhumane conditions that included not being able to use bathrooms, lack of food and the poorness of food offered, undrinkable water and absence of ventilation,” according to the report.

Amnesty International say Mr Halawa was shot in his hand when the security forces stormed the mosque where he was taking refuge with his three sisters – but that he was not given access to medical care for his injury.

The delegation noticed traces of beating on the prisoners and a state of panic and severe fear. They also stated that most of the prisoners they met were students. They had been detained for long periods, threatening their academic future.

Three judges who made up a court panel were due to hear the case against the 494 people – but recused themselves on account of objections raised by the defendants’ lawyers.

The NCHR visit came in response to a series of complaints regarding the increase in prisoners’ poor treatment in Liman II of Abu Za’abal, claiming systematic torture practices. The NCHR recommended a quick investigation into the incidents with revision of the laws that regulate pre-trial detention, in addition to the necessity of implementing new prison regulations.

31 March 2015

Source: Daily News Egypt.

NCHR report on prisoners: Beating, threatening and inhumane treatment

The National Council for Human Rights (NCHR) issued an initial report on the council’s delegation visit to Abu Za’abal prison to inspect prisoner’s conditions, noting prisoners have been subjected to beating, threatening and inhumane treatment. The delegation’s visit lasted one and a half days and delegation members met four prisoners over complaints filed by them to the Prosecutor General. The prisoners had stated they had been subjected to torture, humiliation, assault and beating, according to

31 March 2015

Witnesses, who say police killed activist, are to be charged in Egypt

Egyptian prosecutors are bringing criminal charges against witnesses who said they saw the police kill unarmed poet and activist, 31-year old Shaimaa el-Sabbagh, during a demonstration. The witnesses voluntarily told the Egyptian authorities that on January 24, they had seen a group of riot police 4


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officers fire birdshot across a street into the peaceful march, which had been headed to Tahrir Square to lay memorial flowers to mark the anniversary, of the Arab Spring uprising in Egypt. Shaimaa el-Sabbagh was among the marchers. Photographers captured what the witnesses saw: Ms Sabbagh died of her wounds in the arms of a friend. Within days, stark images of her death circulated on the Internet and made her a symbol of police abuse, resonating so widely that President Abdel Fattah Al-Sisi called for an investigation. The most prominent witness, Azza Soliman, a human rights lawyer and the head of the Centre for Egyptian Women’s Legal Assistance, was having lunch with her family across the street from the march, as she and other witnesses have recounted many times. Rumors began circulating that prosecutors intended to charge Ms Soliman and other witnesses, in a possible attempt to intimidate them, with participating in an unauthorised street protest even though they were only bystanders. Ms Soliman accused the authorities of seeking to bully witnesses into silence about the misconduct of the police. “The rule of law is becoming more and more meaningless and more and more weak,” she said. “The police are sending a message that ‘nobody can judge the police, we can do anything,’” she added. “The message is very clear to anybody who sees anything not to go to the court, because they can see my example now. The police are trying to scare us.” Source: New York Times

A Freedom Seekers Monitor (FSM) report details some cases of students who are still subjected to enforced disappearances by Egyptian security forces in places of detention is unknown until this moment. Enforced disappearance constitutes a threat to humanity and human rights. Atrocities carried out by current authorities in Egypt are a clear and flagrant violation of provisions of the International Convention for the Protection of Persons from Enforced Disappearance. The second paragraph of Article I of the Declaration stipulates that “No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification for enforced disappearance”.

1 April 2015

Amnesty International says Egypt and Nigeria account for steep rise in death sentences in 2014

31 March 2015

Human rights report documents Egypt students forced disappearance With the passage of every day, the number of students subjected to enforced disappearances continues to rise, while total silence on the part of Egypt’s current regime as well as local and international human rights organisations has helped these violations to escalate to frightening proportions, threatening the very future and personal security of Egyptian students.

Human rights group, Amnesty International, has warned of an "alarming" rise in death sentences around the globe in 2014, with Egypt and Nigeria accounting for much of the increase. "It's a very worrying development in 2014 that there has 5


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been this increase in death sentences," Audrey Gaughran, Amnesty's director of global issues, told the AFP news agency at the launch of a report on capital punishment. "The death penalty isn't justice," she said.

security personnel has started against detainees in all prisons, including inhumane and degrading treatment, systematic torture and beatings, and depriving detainees of their legal rights.

The report recorded 2,466 death sentences during the last year; a 28% increase from 2013.

These five new cases raise the death toll in prisons and detention centres, since the beginning of illegitimate Al-Sisi rule, to 108 people.

While the report notes an overall decrease in the number of death sentences handed out, it says a major exception was Egypt, where the number rose to 509 from 109 in 2013. "This included mass death sentences against 37 people in April and 183 people in June following unfair mass trials," Amnesty said. Since the ouster of former President Mohamed Morsi in July 2013, at least 1,400 of his supporters have been killed in a heavy crackdown against critics of new president and former military chief, Abdel Fattah Al-Sisi.

Further, these five new cases raise the death toll inside coup prisons and detention centres, since June 30, 2013, to 237 cases of murder (including deaths due to lack of medical care).

31 March 2015

Egypt introducing new visa requirements

Source: Al-Jazeera English

30 March 2015

Slow death in Sisi’s detention centres

The coup’s Interior Ministry, led by new minister Magdi Abdel-Ghaffar, gave Egyptian public opinion, as well as the local and international human rights community, a new record in torture and murder figures: five cases of murder and death in detention in three days. Since Magdi Abdel-Ghaffar, the new interior minister, came to head the coup’s Ministry of Interior, significant tally spikes have been witnessed in the number of deaths in police stations, prisons and all places of detention. Moreover, a new wave of murderous brutality by

Citing security concerns, Egypt’s government is introducing tougher restrictions on foreign visitors, requiring independent travellers to obtain visas at embassies before traveling instead of paying for them on arrival. Industry experts predict the change will impact the country’s already struggling tourism industry. Egyptian officials say the scrapping of on-arrival visas for visitors not traveling with package tour operators is needed to give their intelligence services more time amid an Islamist insurgency to assess those who want to visit. Officials say also they want to prevent jihadist recruits using Egypt as a transit point for travel on to Syria and Iraq to join the Islamic State or al-Qaida groups. Western security sources and rights activists say they suspect the shift is also intended to help block visits by Western human rights advocates, democracy activists and journalists, who have criticised the government’s harsh crackdown on liberal and Islamist dissidents. Egyptian authorities are increasingly denying foreign human rights activists entry to the country. 6


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Local media outlets have reported the intelligence services are expanding security watch lists to include NGO workers and scholars who are critical of the government.

13/04/2015

31 March 2015

Obama lifts hold on US military aid to Egypt

2 April 2015

More students sentenced to 3-5 years in prison by military court

President Barack Obama told Egyptian President Abdel Fattah al-Sisi that he would lift a hold on US military aid to Cairo, but also said the United States would stop allowing Egypt to buy equipment on credit starting in fiscal year 2018.

The East Cairo Military Criminal Court sentenced five Al-Azhar University students to between 3-5 years in prison for “burning the gate of the Faculty of Girls”. According to the Association for Freedom of Thought and Expression (AFTE), the court also acquitted four others of the charges. Meanwhile, AFTE and human rights lawyer Moktar Mounir said 10 other students from Ain Shams University were sentenced in absentia to life in prison. The students were also given a fine of EGP 100,000 each by the same court. Defendants are usually given the maximum penalty when sentenced in absentia. Legal procedures require that they turn themselves in to request a re-trial, which can also be made if they are arrested after sentencing. However, it is the issue of the nature of court that persists. Many reject civilians being tried in front of military courts, based on the constitutional guarantees for the right of citizens to be tried before regular courts. The constitution initially assigned military judiciary to crimes involving army and intelligence service personnel, but then allowed military trials for civilians for crimes that represent direct assaults on military facilities. The article included a wide range of military belongings including documents, public funds, or military secrets.

Obama has been reviewing military aid to Egypt since 2013 when the Egyptian army ousted former president Mohamed Morsi. The decision will allow for the delivery of 12 F-16 aircraft, 20 Harpoon missiles, and up to 125 M1A1 Abrams tank kits that had been frozen, the White House said. Obama said he would continue to ask the US Congress for $1.3 billion in military aid for Egypt per year, but has decided to “modernise” the aid by discontinuing the use of cash flow financing for military equipment starting in fiscal 2018, the White House said. The United States also will target its aid towards equipment used for counter-terrorism, border security, maritime security and Sinai security, and for sustaining weapons systems already used by Egypt, the White House said. “In this way, we will ensure that US. funding is being used to promote shared objectives in the region, including a secure and stable Egypt and the defeat of terrorist organisations,” said Bernadette Meehan, spokeswoman for the White House National Security Council, in a statement.

Since the approval of the law in October 2014, the number of civilians referred to military trials was estimated to exceed 2,000, according to a member of the ‘No to Military Trials’ independent movement . 7


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