Death while in custody of Mr. Shady Habash

Death while in custody

Egypt
May 14, 2020

The Observatory for the Protection of Human Rights Defenders, a partnership ofFIDH and the World Organisation Against Torture (OMCT), requests your urgentintervention in the following situation in Egypt.

Description of the situation:

The Observatory has been informed by reliable sources aboutthe death while in custody of Mr. Shady Habash, film director,photographer and human rights defender.

According to the information received, on the night of May 1, 2020, Mr.Shady Habash, 24, was found dead in Tora prison (Cairo). His health reportedlydeteriorated dramatically in the last days of his detention. He was momentarilyhospitalised, then transferred back to the prison on the evening of May 1,2020, where he died during the night. The prison guards were slow to intervenedespite being alerted by his cellmates, who reportedly called out and shoutedfor help repeatedly throughout the hours preceding his death. At the time ofthe publication of this Urgent Appeal, the exact reasons of Mr. Habash death remainedunknown.

Mr. Shady Habash had been arrested in March 2018, together with hiscolleague Mr. Mustafa Gamal, and charged with several accusations,including “membership of a terrorist group” (article 12 of theCounter-terrorism law of 2015), “spreading false news” (article 102 bis of theEgyptian Criminal Code), “blasphemy and contempt of religion” (article 98 F ofthe same Code) and “insulting the military” (article 184 of the same Code). Thecharges stemmed from the release of the videoclip they directed for the song “Balaha”by singer Mr. Ramy Essam, whichmocked Egyptian President Abdel Fattah el-Sisi by comparing him to a notoriousliar and condemning alleged government corruption. The pair have been held inpre-trial detention pending investigation ever since their arrest. The authorof the song, Mr.Galal el-Behairy, is also in jail and the singer Mr.Ramy Essam, who performed the song, is currently exiled in Sweden.

The Observatory deplores the death of Mr. Shady Habash whilein custody and denounces the medical negligence he suffered within thatframework. The Observatory further recalls that his detention was arbitrary, asit was only aimed at punishing him for his legitimate human rights activitiesand his exercise of freedom of expression.

Actions requested:

Please write to the authorities of Egypt asking them to:

i. Carry out a transparent, impartial, immediate and thoroughinvestigation into the death of Mr. Shady Habash, in order to identify all thoseresponsible, bring them before an independent tribunal, sanction them asprovided by the law and provide Mr. Habash family with effective remedies;ensure Shady’s co-detainees are heard as witnesses and protected from unduepressure, during the investigation;

ii. Immediately and unconditionally release Messrs. Mustafa Gamal andGalal el-Behairy and put an end to any form of harassment, including at thejudicial level, against them as well as against Mr. Ramy Essam and moregenerally against all human rights defenders in Egypt;

iii. Guarantee thephysical and psychological well-being of all human rights defenders in Egypt inall circumstances;

iv. Conform to the provisions of the UN Declaration on Human Rights Defenders,adopted by the General Assembly of the United Nations on December 9, 1998, inparticular with Articles 1, and 12.2;

v. Ensure respect for human rights and fundamental freedoms in allcircumstances, in accordance with international human rights standards andinternational instruments to which Egypt is a State party.

Addresses:

● Presidentof the Arab Republic of Egypt, H.E. Abdel Fattah el-Sisi, Fax: +202 23911441. Email: p.spokesman@op.gov.eg, Twitter: @AlsisiOfficial

● PrimeMinister, Mr. Mustafa Kemal Madbouly Mohamed. Email:pm@cabinet.gov.eg

● Ministerof the Interior, Mr. Mahmoud Tawfik, Email: center@iscmi.gov.eg

● Ministerof Justice, Mr. Mohamed Hossam Abdel-Rahim, Fax: +202 2795 8103

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

● Headof the Egyptian parliament’s Human Rights Committee, Mr. Alaa Abed, Email:humanrightscomplaints@parliament.gov.eg

● Mr. MohamedFayeq, President of the National Council for Human Rights, Fax: + 202 25747497/ 25747670. Email: nchr@nchr.org.eg

● H.E.Mr. Alaa Youssef, Ambassador, Permanent Mission of Egypt to the UnitedNations in Geneva, Switzerland, Email: mission.egypt@bluewin.ch

● Embassyof Egypt in Brussels, Belgium, Fax: +32 2 675.58.88; Email: embassy.egypt@skynet.be

Please also write to the diplomatic representations of Egypt in yourrespective countries.

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Paris-Geneva, May 14, 2020

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

The Observatory for the Protection of HumanRights Defenders (the Observatory) was created in 1997 by FIDH and the WorldOrganisation Against Torture (OMCT). The objective of this programme is toprevent or remedy situations of repression against human rights defenders. FIDHand OMCT are both members of ProtectDefenders.eu, the EuropeanUnion Human Rights Defenders Mechanism implemented by international civilsociety.

To contact the Observatory, call the emergency line:

● E-mail: Appeals@fidh-omct.org

● Teland fax FIDH +33 (0) 1 43 55 25 18 / +33 1 43 55 18 80

● Teland fax OMCT +41 (0) 22 809 49 39 / +41 22 809 49 29