Arbitrary detention and confirmation of the sentencing of Ms. Mahienour El-Massry / Repression of a peaceful demonstration to call for her release

Repression of peaceful protest

Egypt

May22, 2014

The Observatory for the Protection of Human Rights Defenders, a jointprogramme of the International Federation for Human Rights (FIDH) andthe World Organisation Against Torture (OMCT), requests your urgentintervention in the following situation inEgypt.

Description of the situation:

The Observatory has been informed by reliable sources about thearbitrary detention and confirmation of the sentencing of Ms. MahienourEl-Massry, a human rights lawyer known for her activism in favour ofjudicial independence and prisoners' rights by organising peaceful protests,using social media to denounce human rights violations and organising supportactivities for political prisoners, following her participation in a peacefulprotest aimed at denouncing police repression in Egypt, as well as therepression of a peaceful demonstration to call for her release.

According to the information received, on May 20, 2014, the SidiGaber Misdemeanour Court in Alexandria rejected the objection filed by Ms.Manhienour El-Massry regarding the sentence issued againsther in absentia on January 2, 2014, convicting her to two years’imprisonment and a fine of EGP 50,000 (approximately EUR 5,143). She wassentenced for

“protestwithout a permit” and “assaulting security forces”. Ms. Mahienour El-Massry wasimmediately detained following the hearing.

Thecharges were brought against Ms. Mahienour El-Massry and seven other members ofthe political group “Revolutionary Socialists”[1],including human rights lawyer Mr. Hassan Mustafa[2],after they organised a protest on December 2, 2013 related to Khaled Saeedmurder's retrial. Khaled Saeed was killed by police forces on June 6, 2012 andsubsequently became a symbol of police repression during the 2011 EgyptianRevolution. The eight defendants were first convicted on January 2, 2014 byAlexandria Manshiya Misdemeanour Court.

Theappeal to the May 20 decision of Ms. Maheinour El-Massry has been scheduled forJune 26, 2014. According to her lawyers, the appeal date is too far away inviolation of criminal law procedural provisions. Therefore, the lawyers willfile on May 22, 2014 a request for an earlier appeal date. Meanwhile, Ms.Maheinour El-Massry remains detained in Damanhour prison.

Moreover, Ms. El-Massry is also facing trial on separate charges for anincident that occurred in March 2013. The case was only referred to court onMay 8, 2014, but the appointed judge resigned from the bench, and the nexthearing before a different circuit is scheduled for June 16, 2014. Ms.El-Massry is charged in this case with “assaulting security forces”, after sheand other lawyers went to Raml police station to provide legal assistance tothree activists who were arrested and sent to the police by supporters of theMuslim Brotherhood. The lawyers were attacked by the police in the policestation, and Ms. El-Massry was detained briefly before the Prosecution decidedto release her and the others.

Finally, on May 22, 2014, the Egyptian security forces violentlyrepressed participants to a solidarity march organised outside of theheadquarters of the Egyptian Center for Economic & Social Rights (ECESR) inAlexandria, following a press conference organised to show support for Ms. MahienourEl-Massry, Once the march ended, the security forces stormed into ECESR’sheadquarters twice, smashed its contents and arrested its employers. In themeantime, activists who participated in the march were chased on the sidestreets.

Messrs. Mohamed Ramadan and Mohamed Hafez, lawyers of theArabic Network for Human Rights Information (ANHRI) in Alexandria, were amongthose beaten and arrested by the police, as well as other human rights activistsdefenders and political activists, including Messrs. Mohamed Mokhtar, Essam Al-Mahdy, Magdy Al-Naqeeb, Khaled Salah Al-DIn (Khaled Touson),Mohamed Khalil, Mustafa Qamar, Yousef Al-Saeed (a minor), MustafaAl-Sayyed Eissa (ECESR photographer),Islam Mamdouh, Abdullah Al-Naggar, Ahmed Abdel-Salam Mahmoud, Metry MouhabGebrial, Mohamed Awad (lawyer at ECESR), Taher Mokhtar (member ofDoctors’ Syndicate), Moamen Habiba, Hesham Essam (a minor), MohamedAl-Shafie, Ahmed Misho, Mostafa Anwar, and Ms. Isis Khalil (a journalist) and Ms. Riham Helmi.

They were detained in Alexandria Security Directorate. Then they were released after seizing the case’s file of Ms. MahienourEl-Massry along with the clearance that was issued by security bodies to someactivists in order to visit the activist in the prison. Some other documentswere also impounded.

The case of Ms. Maheinour Al Masry is illustrative of a wider repressioncampaign targeting human rights defenders opposing the current regime in thecountry since the “Protest Law”[3]was passed in November 2013. This controversial law bans gathering of 10 ormore people without a permit issued by the authorities. Based on this law,Founders of the April 6 Youth Movement, Mr. Ahmed Maher and Mr. MohamedAdel, were also sentenced to three years of prison and a 50,000 EGP fine bythe Cairo Criminal Court on December 22, 2013 for organising an unauthorisedprotest and allegedly attacking police forces in November 2013[4].

The Observatory expresses its concern regarding the conviction andongoing arbitrary detention of Ms. Mahienour El-Massry, which seems to aim onlyat preventing her from carrying out her peaceful human rights activities, andcalls upon the Egyptian judicial authorities to immediately and unconditionallyrelease her.

Actions requested:

Please write to the authorities of Egypt asking them to:

i. Guarantee in allcircumstances the physical and psychological integrity of Ms. MahienourEl-Massry and all human rights defenders in Egypt;

ii. Release Ms. Mahienour El-Massry immediately and unconditionally, as well as all human rights defenders currently in detention, since their detention is arbitrary as it seems to only aim at curtailingtheir human rights activities;

iii. Put an end to all actsof harassment, including at the judicial level, against Ms. Mahienour El-Massryand all human rights defenders in Egypt;

iv. Comply with all the provisions of the United Nations Declaration onHuman Rights Defenders, in particular with:

- its Article 1, whichprovides that “everyone has the right, individually and in association withothers, to promote and to strive for the protection and realization of humanrights and fundamental freedoms at the national and international levels”;

- its Article 5(a): “Forthe purpose of promoting and protecting human rights and fundamental freedoms,everyone has the right, individually and in association with others, at thenational and international levels (a) To meet or assemble peacefully”

- its Article 6(a), whichforesees that “everyone has the right, individually and in association withothers, to participate in peaceful activities against violations of humanrights and fundamental freedoms”;

- its Article 12.2, whichprovides that “the State shall take all necessary measures to ensure theprotection by the competent authorities of everyone, individually and inassociation with others, against any violence, threats, retaliation, defacto or de jure adverse discrimination, pressure or any otherarbitrary action as a consequence of his or her legitimate exercise of therights referred to in the present Declaration”;

v. Ensure in all circumstances respect for human rights and fundamentalfreedoms in accordance with international human rights standards andinternational instruments ratified by Egypt.

Addresses

· President of the Arab Republic of Egypt, H.E. Adly Mansour, AbedinePalace, Cairo, Egypt, Fax: +202 23901998

· Prime Minister Mr. Ibrahim Mehleb, Magles El Shaab Street, Kasr El AiniStreet, Cairo, Egypt. Fax: + 202 2735 6449 / 27958016. Email: primemin@idsc.gov.eg

· Minister of the Interior, General Mohamed Ibrahim, Ministry of theInterior, El-Sheikh Rihan Street, Bab al-Louk, Cairo, Egypt, E-mail: moi1@idsc.gov.eg, Fax: +202 2579 2031 / 27945529

· Minister of Justice, Mr. Neir Othman, Ministry of Justice, Magles ElSaeb Street, Wezaret Al Adl, Cairo, Egypt, E-mail: mojeb@idsc.gov.eg, Fax: +202 2795 8103

· Public Prosecutor, Counsellor Hisham Barakat Dar al-Qadha al-Ali, RamsesStreet, Cairo, Egypt, Fax: +202 2577 4716

· Mr. Mohamed Fayeq, President of the National Council For Human Rights,Fax: + 202 25747497 / 25747670. Email: nchr@nchr.org.eg

· H.E. Ms. Wafaa Bassim,Ambassador, PermanentMission of Egypt to the United Nations in Geneva, 49 avenue Blanc, 1202 Genève,Switzerland, Email: mission.egypt@ties.itu.int, Fax: +41 22 738 44 15

· Embassy of Egypt in Brussels, 19 avenue de l’Uruguay, 1000 Brussels,Belgium, Fax: +32 2 675.58.88; Email: embassy.egypt@skynet.be

Please also write to the diplomatic missions or embassies of Egypt inyour respective country.

***

Paris-Geneva, May 22,2014

Kindly inform us of any action undertaken quoting the code of thisappeal in your reply.

The Observatory, a FIDH and OMCT venture, is dedicated to theprotection of Human Rights Defenders and aims to offer them concrete support intheir time of need.

To contact the Observatory, call the emergency line:

• E-mail: Appeals@fidh-omct.org

· Tel and fax FIDH + 33 (0) 1 43 55 2518 / +33 1 43 55 18 80

· Tel and fax OMCT + 41 (0) 22 809 4939 / + 41 22 809 49 29

[1] The Revolutionary Socialists joined with other movements inrejecting, opposing, and protesting against an anti-protest law passed by theEgyptian transitional government in 2013.

[2] Mr. Hassan Mustafa, who was alsosentenced in absentia, has not been arrested and he has not"objected" to his sentence yet. See Observatory Urgent Appeal EGY 001 / 0313 / OBS 027 of March 20, 2013.

[3] Law No. 107 of 2013 on the Right to Public Meetings, Processions andPeaceful Demonstrations.

[4] See Observatory Urgent Appeal EGY003 / 1213 / OBS 099 of December 20, 2013.