Deterioration of the Human Rights Situation Continues after the Formation of the New Government

As mentioned in EOM’spreliminary statement, elections in Egypt took place in a context where spacefor freedom of expression had been severely restricted, and all forms ofdissent and criticism, including those of human rights organisation, have beenstifled.

Despite the introduction of humanrights guarantees in the country’s new Constitution which acknowledges a numberof human rights, recent developments have shown that state institutionscontinue to blatantly violate many human rights. The EU should remind theseinstitutions of their national and international legal obligations, and callupon the new president and government to prioritise theprotection and promotion of human rights.

Space for freedom of assembly, association andexpression continues to shrink. Opposition figures, political activists,journalists and human rights defenders, supporters of the deposed PresidentMohamed Morsi and other dissidents, continue to be arbitrarily arrested. Governmentofficials have acknowledged that authorities have detained at least 16,000individuals, including 1,000 protesters since January 25, 2014. Many of thosedetained were rounded up solely for peacefully exercising their rights to freeassembly, association, and expression, or for their alleged affiliation withthe Muslim Brotherhood.

On 21 June, the policearrested 30 activists protesting against the repressive Protest Law in the Heliopolis neighbourhood in Cairo. Some of the detaineesreported ill-treatment, including beatings by police during the arrest and laterat the police station. After investigationsby National Security, officers 7 detainees were released, while the 23 otherswere kept in prison and presented before the prosecutor’s office on Sunday. Theywere charged with breaching the protest law, destroying public property,participating in a march aiming at breaching public peace, possession ofinflammable materials, and engaging in an act whose objective is to terrorisethe public. Given these charges and recent similar cases, our organisationsexpress their deep concern that the trial could result in disproportionateprison sentences. Among the detainees are two women human rights defenders:Yara Sallam of the Egyptian Initiative for Personal Rights, who was arrestednear the protest area even though she was not taking part in it; and SanaaSeif, a 18-years-old activist of the ‘No to military trials’ campaign and asister of the activist Alaa Abdel Fattah.

On 15 June,Egyptian security forces confiscated the latest issue of Wasla, a magazine publishedby the Arabic Network for Human Rights Information. They arrested a worker atthe press where the publication was being printed, charging him with possessionof publications that call for the overthrow of the regime and promote aterrorist organization. Similarly, on 22 May, security forces stormed theEgyptian Center for Economic and Social Rights. These cases demonstrate a patternof continued harassment of independent civil society groups.

Recent judicial practicescast serious doubts on the independence of the judicial system and onits ability to ensure accountability. In the last two months, first instancecourts have issued death sentences for more than a thousand people allegedlyresponsible for the killing of two police officers.

Human rights defenders andcivil society activists continue to be targeted through arbitrary legalproceedings. On 11 June 2014, the use of Egypt’s judiciary to silence dissidentswas demonstrated yet again. Prominent Egyptian activist Alaa Abdel Fattah and24 others, charged with violating Egypt’s Protest Law, were sentenced to 15years of prison, five years of subsequent police surveillance and a fine of LE100,000 (around 10.327€). Their hearing was held earlier than expected,preventing Mr. Abdel Fattah and the other defendants from attending.

The Foreign Affairs Councilconvenes almost a year since the mass killings of protesters on 14 August 2013at Raba’a which followed the ouster of former President Mohamed Morsi. So far, Egyptianauthorities have failed to hold police and army officers and officials accountablefor the repeated use of excessive and lethal force. Despite declarationsstating the opposite, prosecutors have failed to investigate any military orpolice officers for their unlawful use of force, while thousands of protestershave been detained for alleged violations of the newprotest law.

Furthermore, despite a newlaw on sexual harassment, violence against women has been worseningespecially in the public sphere, with dozens of cases of rape and sexualviolence during protests. Such cases continueto be met with indifference, severely undermining women’s participation inpublic life. The state has an obligation to protect participants in peacefulprotests and especially to protect women from violence and discrimination.

In light of this, we callupon the Foreign Affairs Council and EU Election Observation Mission to addressthe above mentioned ongoing human rights abuses in its final report[1]and to urge the Egyptian authorities to:

- Ensurethat the provisions of the new Constitution on fundamental rights and freedoms,including freedom of expression and assembly, are fully implemented;

- Guaranteefreedom of expression, assembly and association in general and especially duringthe current electoral period;

- Put anend to political harassment and arbitrary detention, including by droppingcharges against and releasing all those detained solely for the exercise oftheir rights to free expression, association, and assembly, cease ongoing arrests and prosecution ofdemonstrators solely for exercising their right to freedom of opinion andassembly under the pretext of violating the assembly law and/or otherlegislations and stop detaining persons without charge or trial for expressingtheir opinion etc.;

- Engagein a genuine discussion with CSOs and legal experts on the law on publicassemblies and protest as well as the draft law on associations, and ensuretheir conformity with international standards;

- Takedecisive steps to end torture and cruel, inhuman and degrading treatment,including the reform of the security apparatus to ensure accountability for anyabuse;

- Adopt national strategies for combating violenceagainst women and eliminating all forms of discrimination against women,ensuring the effective consultation and involvement of women’s rights groupsand other civil society organizations throughout the process;

- Ensureaccountability for violations of human rights, including through an independentand impartial administration of justice.

[1] The EOM mandate includesthe assessment of the overall environment of the election "includingrespect for fundamental freedoms, civil and political rights" and the roleof the civil society.