URGENT APPEAL - THE OBSERVATORY

Newinformation

EGY001 / 0514 / OBS 045.8

Arbitrary detention

Egypt

September 30,2015

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), has received new information andrequests your urgent intervention in the following situation in Egypt.

New information:

The Observatory has been informed by reliable sourcesabout the continued arbitrary detention of Ms. Mahienour El-Massry, a human rights lawyer known for heractivism in favour of the judicial independence and prisoners’ rights byorganising peaceful protests, support activities for political prisoners andusing social media to denounce human rights violations, together with Mr. Youssef Shaban, a journalist anddefender of workers’ rights, and of Mr.Loay Mohamed Abdel Rahman, an independent youth activist.

According to the information received, on September 21, 2015, El RamlMisdemeanour Court of Appeal in Alexandriarejected the demurrer filed by Ms. Mahienour El-Massry, Mr. Youssef Shaban and Mr. LoayMohamed Abdel Rahman to suspend the implementation oftheir sentence until the Court of Cassation hears the appeal of the case.

The three had been sentenced on May 31 by the El RamlMisdemeanour Court of Appeal in Alexandria (see Background information).

The Observatory strongly condemns the ongoing arbitrary detention of Ms.Mahienour El-Massry, Mr. Youssef Shaban and Mr. Loay Mohamed Abdel Rahman andcalls upon the Egyptian authorities to immediately release them and drop allcharges against them as they are clearly aimed at hindering their peacefulhuman rights activities.

This case is an illustration of a wider trend of repression againsthuman rights defenders in Egypt. The Observatory recalls in particular that therestrictive Protest Law, which bans gatherings of ten or more people without apermit issued by the authorities, has been repeatedly used by the authoritiesas a tool to harass and imprison human rights defenders.

Background information:

On January 2, 2014, Alexandria ManshiyaMisdemeanour Court sentenced in absentia Ms. Mahienour El-Massry and sevenmembers of the political group “Revolutionary Socialists”, including humanrights lawyer Mr. Hassan Mustafa,and Mr. Loay Mohamed Abdel Rahman to two years’ imprisonment and a fine ofEGP 50,000 for “protesting without a permit” and “assaulting security forces”following their participation in a peaceful protest on December 2, 2013 todenounce police violence and in particular the impunity of Khaled Saeed murder(the “Khaled Saeed” criminal case). Khaled Saeed was killed by police forces onJune 6, 2010 and subsequently became a symbol of police repression during the 2011Egyptian Revolution. Ms. Mahienour El-Massry had failed to appear as she hadnot been informed in advance of the date of the hearing.

OnMay 20, 2014, the Sidi Gaber Misdemeanour Court in Alexandria rejected thedemurrer filed by Ms. Mahienour El-Massry regarding the sentence issued againsther in absentia. Ms. Mahienour El-Massry was immediately detainedfollowing the hearing.

OnMay 22, 2014, the Egyptian security forces violently repressed participants toa solidarity march organised outside of the headquarters of Egyptian Center forEconomic & Social Rights (ECESR) in Alexandria, following a pressconference organised to express support with Ms. Mahienour El-Massry. Severalfemale protesters were sexually harassed by security forces. Some protesters werebeaten and arrested by the police. After the march, security forces stormedinto ECESR’s headquarters, smashed some of its equipment and arrested severalemployees.

OnJuly 20, 2014, after successive adjournments, the Sidi Gaber AppealMisdemeanour Court in Alexandria sentenced Ms. Mahienour El-Massry to sixmonths of prison and a fine of EGP 50,000 (approximately EUR 5,143) for“protesting without a permit” and “assaulting security forces”. Ms. MahienourEl-Massry’s lawyers appealed the sentence before the Court of Cassation.

OnSeptember 21, 2014, the demurrer was accepted and the Al Mansheya MisdemeanourAppeals Court decided to suspend the execution of Ms. Mahienour El-Massry’ssix-month prison sentence, pending the appeal lodged before the Court of Cassation.This decision followed a request filed by Ms. Mahienour El-Massry’s lawyerschallenging the execution of her sentence pending a final outcome.

However,Ms. El-Massry is also facing trial on separate charges for an incident thatoccurred in March 2013. On May 8, 2014, Ms. El-Massry was referred to court oncharges of “assaulting security forces” after, in March 2013, she, otherlawyers and human rights activists went to Raml police station to provide legalassistance to three lawyers who were arrested and sent to the police bysupporters of the Muslim Brotherhood (the “Raml police station” case). Thelawyers were attacked by the police in the police station, and Ms. El-Massrywas detained briefly before the Prosecution decided to release her and theothers. The trial was then postponed several times following the resignation ofthe appointed judge from the bench. The case was heard on July 21, 2014 andthen postponed to October 13 and November 17, 2014.

OnNovember 17, 2014, the Raml Misdemeanour Court held a hearing in the “Ramlpolice station” criminal case. The court heard three testimonies provided bywitnesses presented by the defence. The defence additionally requested thecourt to summon the persons who filed the complaint against Ms. MahienourEl-Massry, and to include the administrative police case report. The Court thenadjourned the hearing until December 8.

OnFebruary 9, 2015, the El Raml Misdemeanour Court in Alexandria sentenced Ms.Mahienour El-Massry, together with Messrs. Youssef Shabaan and Loay MohamedAbdel Rahman and seven activists to two years in jail. Ms. Mahienour El-Massrywas not detained after the issuance of the verdict, as she paid bail(approximately EUR 580) pending appeal. Ms. Mahienour El-Massry filed ademurrer to challenge the above-mentioned sentence.

OnMay 11, 2015, the El Raml Misdemeanour Court of Appeal in Alexandria heard theappeal of Ms. Mahienour El-Massry, Mr. Youssef Shaban and Mr. LoayMohamed Abdel Rahman (who was then already arbitrarily imprisoned in relationto another case), along with seven other activists. On that occasion, the courtordered the remand in custody of Ms. Mahienour El-Massry and Mr. YoussefShaban.

OnMay 31, 2015, the El Raml Misdemeanour Court of Appeal in Alexandria setencedMs. Mahienour El-Massry, Mr. Youssef Shaban and Mr. Loay MohamedAbdel Rahman along with seven other activists to one year and three monthsimprisonment for storming El Raml police station in Alexandria and assaultingpolice officers as well as torching the Freedom and Justice party headquarters(the political arm of the Muslim Brotherhood) in March 2013 on charges of“protesting without authorisation”, “disrupting traffic”, “damaging content ofthe Police Station”, “attacking security forces”, “spreading fear and terroramong citizens” and “attempt to smuggle prisoners”.

Theirlawyers appealed the sentence before theCourt of Cassation.

Actionsrequested :

Pleasewrite to the authorities of Egypt asking them to :

i.Immediately and unconditionally release Ms. Mahienour El-Massry,Mr. Youssef Shaban and Mr. Loay Mohamed Abdel Rahman;

ii.Drop all charges against Ms. Mahienour El-Massry, Mr. Youssef Shaban andMr. Loay Mohamed Abdel Rahman, as they are clearly aimed at hindering herpeaceful human rights activities and put an end to all acts of harassment,including at the judicial level against them, and more generally all humanrights defenders in Egypt;

iii.Guarantee in all circumstances the physical and psychological integrity of Ms.Mahienour El-Massry, Mr. Youssef Shaban and Mr. Loay Mohamed AbdelRahman as well as all human rights defenders in Egypt;

iv.Comply with all the provisions of the United Nations Declaration on HumanRights Defenders adopted on December 9, 1998 by the United Nations General Assembly,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 5(a) : “For thepurpose 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), which foresees that“everyone has the right, individually and in association with others, toparticipate in peaceful activities against violations of Human rights andfundamental freedoms” ;
its Article 12.2, which provides that“the State shall take all necessary measures to ensure the protection by thecompetent authorities of everyone, individually and in association with others,against any violence, threats, retaliation, de facto or de jure adversediscrimination, pressure or any other arbitrary action as a consequence of hisor her legitimate exercise of the rights referred to in the presentDeclaration”;

v.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 ArabRepublic of Egypt, H.E. Abdel Fattah el-Sisi, Abedine Palace, Cairo, Egypt,Fax : +202 23901998

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

· Minister of theInterior, General Magdy Abdel Ghaffar, Ministry of the Interior, El-SheikhRihan 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 of Justice, Magles El Saeb Street, Wezaret AlAdl, Cairo, Egypt, E-mail : mojeb@idsc.gov.eg, Fax : +202 2795 8103

· Public Prosecutor,Counsellor Nabeel Sadek, Dar al-Qadha al-Ali, Ramses Street, 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, Permanent Mission of Egypt to the United Nations in Geneva, 49avenue Blanc, 1202 Genève, Switzerland, Email :mission.egypt@ties.itu.int, Fax : +41 22 738 44 15

· Embassy of Egypt inBrussels, 19 avenue de l’Uruguay, 1000 Brussels, Belgium, Fax : +32 2675.58.88 ; Email : egyptembassy@embassyofegypt.be

Pleasealso write to the diplomatic missions or embassies of Egypt in your respectivecountry.