Arbitrary detention and judicial harassment of Mr. Hossam Bahgat

The Observatory for the Protection ofHuman Rights Defenders, a joint programme of the International Federationfor Human Rights (FIDH) and the World Organisation Against Torture (OMCT),requests your urgent intervention in the following situation in Egypt.

Description of the situation:

The Observatory has beeninformed by reliable sources about the arbitrary detention and judicialharassment of Mr. Hossam Bahgat, a prominent advocate for freedom ofexpression in Egypt, Chairman and founder of the Egyptian Initiative forPersonal Rights (EIPR) and writer for the online news site Mada Masr.Since 2014, he has published a series of investigative reports on Mada Masron the increasing powers of Egypt's army, the use of military tribunals againstcivilians and corruption of the family of former Egyptian President, HosniMubarak.

According to theinformation received, on November 9, 2015, the prosecution ordered thedetention of Mr. Hossam Bahgat for four days pending investigation in relationto an article he wrote for Mada Masr.The article, entitled “A coup busted” and published on October 13, 2015, wasabout the military trial of 26 military officers who were accused and convictedof planning a coup.

On November 5, 2015, themilitary intelligence had sent a summon to Mr. Hossam Bahgat to his house inAlexandria to report for questioning on November 8, 2015. On that date, ataround 9 am, Mr. Hossam Bahgat went to the military intelligence premises inNasr City in Cairo. He was neither allowed to take his cell phone in nor to beaccompanied by a lawyer. He was interrogated on the above-mentioned articlebefore being transferred from military intelligence to military prosecution. Ataround 5.30 pm, he was allowed to call for lawyers of his own choosing. He wasthen interrogated by the Military Prosecutor in the presence of his lawyers.The interrogation focused solely on his writing, in particular the October 13,2015 article. He was informed that he faced charges of “deliberately spreadingfalse information with the purpose of harming public order or public interest”(under Article 102 bis of the Criminal Code) and “publishing, with maliciousintent, false news that is likely to disturb public order” (Article 188). Hewas then placed in detention at the headquarters of the military intelligence.On November 9, 2015, Mr. Bahgat did not attend the hearing during whichhis detention was ordered for four days. His current whereabouts remain unclearas the Prosecutor refused to tell lawyers where Mr. Bahgat is currently beingheld.

The Observatoryexpresses its concern regarding the arbitrary detention of Mr. Hossam Bahgat inan unknown location, which seems to aim only at preventing him from exercisinghis right to freedom of expression, and calls upon the Egyptian judicialauthorities to immediately and unconditionally release him.

Actions requested:

Please write to the authorities of Egyptasking them to:

i.Guarantee in all circumstances the physical and psychological integrity of Mr.Hossam Bahgat as wellas all human rights defenders in Egypt;

ii.Immediately disclose the whereabouts of Mr. Hossam Bahgat;

iii. Release Mr. Hossam Bahgat immediatelyand unconditionally, aswell as all human rights defenders currently in detention,since their detention is arbitrary as it seems to only aim at curtailing theirhuman rights activities;

iv.Put an end to all acts of harassment, including at the judicial level, against Mr. Hossam Bahgat and allhuman rights defenders in Egypt;

v.Comply with all the provisions of the United Nations Declaration on HumanRights Defenders, in particular with:

- its Article 1, which provides that“everyone has the right, individually and in association with others, topromote and to strive for the protection and realization of human rights andfundamental freedoms at the national and international levels”;

- its Article 6(b) (c), which foreseesthat “everyone has the right, individually and in association with others, to[...] as provided for in human rights and other applicable internationalinstruments, freely to publish, impart or disseminate to others views,information and knowledge on all human rights and fundamental freedoms; tostudy, discuss, form and hold opinions on the observance, both in law and inpractice, of all human rights and fundamental freedoms and, through these andother appropriate means, to draw public attention to those matters”;

- its Article 12.2, which providesthat “the State shall take all necessary measures to ensure the protection bythe competent authorities of everyone, individually and in association withothers, against any violence, threats, retaliation, de facto or dejure adverse discrimination, pressure or any other arbitrary action as aconsequence of his or her legitimate exercise of the rights referred to in thepresent Declaration”;

vi.Ensure in all circumstances respect for human rights and fundamental freedomsin accordance with international human rights standards and internationalinstruments ratified by Egypt.

Addresses

· President of the Arab Republic of Egypt, H.E. AbdelFattah el-Sisi, Abedine Palace, Cairo, Egypt, Fax: +202 23901998

· Prime Minister, Mr. Sherif Ismail, Magles El ShaabStreet, Kasr El Aini Street, Cairo, Egypt. Fax: + 202 2735 6449 / 27958016.Email: primemin@idsc.gov.eg

· Minister of the Interior, General Magdy AbdelGhaffar, Ministry of the Interior, El-Sheikh Rihan Street, Bab al-Louk, Cairo,Egypt, E-mail: moi1@idsc.gov.eg, Fax: +202 2579 2031 / 2794 5529

· Minister of Justice, Mr. Ahmed El Zend, Ministry ofJustice, Magles El Saeb Street, Wezaret Al Adl, Cairo, Egypt, E-mail: mojeb@idsc.gov.eg, Fax: +202 2795 8103

· Public Prosecutor, Counsellor Nabeel Sadek, Daral-Qadha al-Ali, Ramses Street, Cairo, Egypt, Fax: +202 2577 4716

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

· H.E. Ms. Wafaa Bassim, Ambassador, Permanent Missionof 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 Egyptin Brussels, 19 avenue de l’Uruguay, 1000 Brussels, Belgium, Fax: +32 2675.58.88; Email: egyptembassy@embassyofegypt.be

Please also write to the diplomatic missionsor embassies of Egypt in your respective country.