New information
EGY 002 / 0516 / OBS 042.1
Judicial harassment /
Restrictions to freedom of association
Egypt
November 11, 2016

The Observatory for the Protection ofHuman Rights Defenders, a partnership of the World Organisation Against Torture(OMCT) and the FIDH, has received new information and requests your urgentintervention in the following situation in Egypt.

New information:

The Observatory has been informed byreliable sources about the continuing judicial harassment against Judge Hesham Raouf, from Cairo’s Appeal Courtand former Justice Minister’s assistant,Mr. Negad El-Borai, human rightslawyer and Director of the “United Group – Attorneys-at-law, Legal Advisors”(United Group)[1], andJudge Assem Abdel Gabar, who are allunder investigation for participating in the drafting of the Anti-Torture Bill.

According to theinformation received, Judge Abdulshafy Othman officially summoned Judge HeshamRaouf to an investigation session on November 12, 2016, to discuss the chargesretained against him for his participation in the drafting of the Anti-TortureBill that United Group submitted to the President for promulgation (see backgroundinformation).

The Observatory strongly condemns the ongoing judicialharassment against Judge Hesham Raouf,along with Mr. Negal El-Borei and Judge Assem Abdel Gabar, for draftingan anti-torture bill, which is particularly striking since the EgyptianGovernment had committed in March 2015 before the 28th session ofthe United Nations Human Rights Council to carry out legislative amendments tohelp combat the crime of torture effectively.

It has to be noted that the criminalisation ofanti-torture work comes at a time of rising government pressure on human rightsdefenders and organisations in Egypt[2],in the context of a dramatic deterioration of the human rights situation in thecountry, marked namely by a serious crackdown on civil society and a notableincrease in cases of torture, deaths in detention and enforced disappearances.

In the light of this worrying situation, theObservatory warns about the ever shrinking space for anti-tortureorganisations and defenders whose work in Egypt is of vital importance, andcalls upon the Egyptian authorities to put an end to any form of harassment tothe work of civil society fighting torture and promoting human rights in thecountry.

Background Information:

On May 17, 2016, at 3 pm, Mr. Negad El-Borai wassummoned for a fifth investigation audience[3]following the complaint filed by the High Judicial Council against him fordrafting an anti-torture bill in March 2015, organising a workshop to discussit, and advocating before the Egyptian authorities for its adoption in April2015[4].

Previously Mr. El-Borai attended four investigation sessionsfor this same case, the last one on March 3, 2016, when he was arrested andsubsequently released from custody on his guarantee of residence, and chargedwith “establishing an unlicensed entity for the intent of inciting resistanceto the authorities”, “implementing human rights activities without a license”,“deliberately spreading false information with the purpose of harming publicorder or public interest” and “receivingfunds from the National Center for State Courts (NCSC)”.

On June 5, 2016, Mr. El-Borai was again called for aninvestigation session, during which the Investigating Judge confronted himwith the National Security officer’s depositions. The officer stated in amemorandum that Mr. El-Borai “receivedfunds from foreign organisations to bring down the State and attract youth toestablish political movements in order to turn public opinion against the Stateusing methods of “non-violence”. He added that Mr. El-Borai “gives statements to the media that turnpublic opinion against the State inside and outside the country using theindirect methods of the “minds revolution” that causes its fall.

Actions requested:

Please write to the authorities of Egyptasking them to:

i. Put an end to all forms of harassment -including at the judicial level - against Judge Hesham Raouf, Negad El-Borai, the United Group, and ingeneral against anti-torture organisations and all human rights defenders inEgypt;

ii. Drop all charges against Judge Hesham Raouf and Negad El-Borai,as they only aim at sanctioning their legitimate human rights activities;

iii. Comply with all the provisions of theUnited Nations Declaration on Human Rights Defenders, in particular with itsArticles 1, 5(b) and 12.2;

iv. Ensure in all circumstances respectfor human rights and fundamental freedoms in accordance with internationalhuman rights standards and international instruments ratified by Egypt.

Addresses:

· Presidentof the Arab Republic of Egypt, H.E. Abdel Fattah el-Sisi, Fax: +202 23901998

· PrimeMinister, Mr. SherifIsmail, Fax: + 202 2735 6449 / 27958016. Email: primemin@idsc.gov.eg

· Minister ofthe Interior, General Magdy Abdel Ghaffar, E-mail: moi1@idsc.gov.eg, Fax: +202 2579 2031 / 2794 5529

· Minister ofJustice, Judge Hossam Abdel Rehim,E-mail: mojeb@idsc.gov.eg, Fax: +202 2795 8103

· PublicProsecutor, Counsellor Nabeel Sadek, Fax: +202 2577 4716

· Mr. MohamedFayeq, 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 inGeneva, Switzerland, Email: mission.egypt@ties.itu.int, Fax: +41 22 738 44 15

· Embassy ofEgypt in Brussels, Belgium, Fax: +32 2 675.58.88; Email: embassy.egypt@skynet.be

Please also write to the diplomatic missions orembassies of Egypt in your respective country.

***

Geneva-Paris, November 11, 2016

Kindly inform us of any action undertakenquoting the code of this appeal in your reply.

TheObservatory for the Protection of Human Rights Defenders (the Observatory)was created in 1997 by OMCT and FIDH. The objective of this programme isto prevent or remedy situations of repression against humanrights defenders. OMCT and FIDH are both members of ProtectDefenders.eu, the EuropeanUnion Human Rights Defenders Mechanism implemented by international civilsociety.

To contact the Observatory, call theemergency line:

• E-mail: Appeals[at]fidh-omct.org

• Tel and fax OMCT + 41(0) 22 809 49 39 / + 41 22 809 49 29

• Tel and fax FIDH + 33 (0)1 43 55 25 18 / +33 1 43 55 18 80

[1] The UnitedGroup is an Egyptian law firmestablished 50 years ago,which also works on model legislation to improve the respect of human rightsstandards.

[2] For more informationabout the judicial harassment and restrictions to freedom of associationtargeting various civil society organisations, by freezing their assets on thepretext that they received unauthorised foreign funding, as well as individualhuman rights defenders, by prosecuting and criminalising them, see theObservatory Joint Press Release of March 23, 2016. Seealso the joint statement released by three UNSpecial rapporteurs of May 9, 2016.

[3] On March 3, 2016,attended his fourth investigation session, see the Observatory Urgent Appeal EGY 003 / 0615 / OBS 049.3 of April 22, 2016.

[4] After the submission,United Group received no response. Despite the ongoing judicial harassmentagainst its founder, on April 6,2016 United Group submitted its draftanti-torture bill to the House of Representatives’ Speaker, calling for itsadoption.