Egypt
17.06.19
Urgent Interventions
33 NGOs call for the release of jailed activist Malak Al-Kashif
We,the undersigned human rights organizations, call on UN Special Rapporteurs,Members of the European Parliament, and representatives in national Parliamentsof the European Union to urgently intervene and communicate with the Egyptianauthorities to immediately release jailed activist Malak Al-Kashif, whowas arrested for expressing her views on Facebook.
Background
On 6March 2019, after expressing her opinions on her personal Facebook accountabout how the authorities addressed a train station accident in Egypt whichkilled dozens of citizens, 19-year-old Malak Al-Kashif was arrested in a dawnpolice raid of her mother’s home. Malak was disappeared; both her location andconditions of detention were undisclosed until she was brought before the StateSecurity Prosecution on 7 March 2019.
Malak was interrogatedunder State Security case no. 1739 on trumped-up charges of joining a terroristgroup under Article 12 of the Anti-Terrorism Act 2015, exposing her to severepenalties including the maximum imprisonment penalty. Malak was also chargedwith using her Facebook account to commit a crime punishable by law under Article27 of the Electronic Crimes Prevention Act of 2018, which could result in anadditional sentence of up to two years’ imprisonment and a fine of no less thanLE100,000 (approximately $5,970 USD)
On 7 March 2019, theProsecution gave Malak 15 days of pretrial detention, which she spent insolitary confinement at Al-Haram police station in Giza. On 19 March, the Prosecutionextended her pretrial detention for another 15 days, which she spent insolitary confinement in the El-Zeraa section of Tora Prison.
Malakis a transgender woman undergoing the advanced stages of gender reassignmenttreatment and requires continuous physical and physiological treatment due toan accident she had last year, as documented in medical reports in herpossession at the time of her arrest.
A repressive trend inEgypt
Malakwas one of many persons recently arrested by the Egyptian authorities forexpressing opinions on social and political issues in the country, includingthe train station accident and the proposed constitutional amendments. ECRF hasdocumented 116 persons arrested from 27 February until 2 March 2019. Some wereforcibly disappeared and others were sent to the prosecution on charges of“joining a terrorist group” and “publishing fake news.”This recent surge inarrests was enabled by an oppressive legislative framework deployed by theEgyptian authorities against individuals who express opinions on any nationalissue; this framework includes repressive laws that do not comply with theEgyptian Constitution and international human rights laws, such as the 2015Anti-Terrorism Act and 2018 Cybercrime Law.
The Egyptianauthorities have increasingly used pre-trial detention as a punishment forpolitical prisoners, especially since 2013. Although pre-trial detention violatesthe legal principle of the presumption of innocence of the accused person,Article 143 of the Code of Criminal Procedure permits prolonged pre-trialdetention that can go on for two years in some cases.
Transgender and imprisoned
As atransgender woman, Malak is outspoken about her identity and conditions, andhas advocated for the rights of transgender people in Egypt using social mediaplatforms. Consequently, Malak’s arrest for expressing her opinion on the trainaccident has enabled the Egyptian state to silence her on all issues for whichshe has advocated, including transgender rights.
Inaddition, Malak’s identity has made her a target of cruel and humiliatingtreatment by the Egyptian authorities. Malak’s gender is classified as “male”in official documentation, compounding the state’s discrimination against heras a transgender woman, and placing her in male detention facilities where sheis vulnerable to further mistreatment on the basis of her gender.
Malaktestified that she had been subjected to a forced anal examination and sexualharassment in one of the government hospitals, as documented by ECRF. Malakalso informed her lawyer that she was prevented from going to the toilet forlong periods of time, and was bullied in the police station because of hergender identity. The police station administration also refused to provide Malakwith essential healthcare requirements for her diabetes.
Malak’s arrest andtreatment violate human rights laws and standards
Egyptis a part of the International Covenant on Civil and Political Rights (ICCPR)and the UN Conventionagainst Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT),which prohibit the treatment to which Malak has been subjected, as well asprotect her right to express her views.
Article7 of ICCPR and articles 2 and 16 of the 1984 Convention against Tortureprohibit torture and all other forms of cruel, inhuman or degrading treatment,with no restriction on these prohibitions. Article 19 of ICCPR also states thateveryone has the right to freedom of opinion and expression, which includes thefreedom to hold opinions without interference.
Inaddition, the High Commissioner for Human Rights has recommended theprohibition of coercive medical procedures imposed by some countries ontransgender people, as well as guaranteeing their right to obtain identitypapers reflecting their self-defined gender identity.
ECRFconsiders the treatment and examinations to which Malak has been subjected as aflagrant violation of privacy and human dignity, which fall within a pattern ofdiscrimination and violence against sexual minority groups in Egypt, andqualify as a form of cruel and inhumane treatment amounting to torture.
Thisis not the first time that Egypt has violated international human rights lawsand standards. In its 2002 report, the Committee against Torture recommendedthat Egypt take the necessary steps to end all forms of degrading treatmentduring physical examinations. In 2009, the UN Working Group on ArbitraryDetention stated that the forced anal examinations carried out by the Egyptianauthorities had no medical value in determining whether a person had engaged inany homosexual practices, and that they violated international human rights lawand contravened the prohibition on torture under the 1984 Convention againstTorture.
Request for urgentintervention by UN Special Rapporteurs, Members of the European Parliament, andrepresentatives in national Parliaments of the European Union
Inconsideration of the information above, we respectfully appeal to you to raiseMalak’s case with the Egyptian authorities. We request immediate protection forMalak and other transgender individuals, by treating them accordingly to theirgender identity and holding them in the corresponding detention facilities,without exposing them to sexual harassment and cruel, humiliating proceduresthat amount to physical and psychological abuse. The ultimate objective is Malak’srelease, along with that of all other political detainees in Egypt imprisonedfor expressing their opinions.
Ifyou have any additional questions about Malak’s case, please do not hesitate tocontact us.
Thankyou for your consideration,
Sincerely,
- Arab Networkfor Knowledge about Human-rights
- Adil Soz
- Albanian Media Institute (AMI)
- Association Adala pour le droit à un procès équitable
- Associationfor Freedom of Thought and Expression (AFTE)
- AssociazioneRicreativa Culturale Italiana
- CairoInstitute for Human Rights Studies
- Centre national de coopération au développement
- Circolo Cultura Omosessuale Mario Mieli
- CIVICUS
- Committeefor Justice
- DIGNITY
- EGYPTIANCOMMISSION FOR RIGHTS AND FREEDOMS
- EuroMedRights
- FIDH, in theframework of the Observatory for the Protection of Human Rights Defenders
- Free MediaMovement (FMM) - Sri Lanka
- Freedom ofExpression Institute (FXI)
- Gulf Centerfor Human Rights (GCHR)
- Ifex
- IndependentJournalism Center (IJC) - Moldova
- Index onCensorship
- Initiative Franco-égyptienne pour les Droits et les Libertés
- Ligue desdroits de l’Homme
- MediaInstitute of South Africa (MISA)
- Media RightsAgenda (MRA)
- MediacenterSarajevo
- NorwegianPEN
- PakistanPress Foundation (PPF)
- PEN America
- SOLIDAR
- South EastAsia Press Alliance (SEAPA)
- SyrianCenter for Media and Freedom of Expression (SCM)
- World Organisation AgainstTorture (OMCT), in the framework of the Observatory for the Protection of HumanRights Defenders
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