Egypt
20.06.02
Urgent Interventions
Egypt: 19-year old student arbitrarily arrested, beaten, subjected to degrading medical tests and sentenced to three years in detention for alleged homosexual behaviour
Case EGY 200602
Arbitrary arrest and detention/ Cruel, inhuman and degrading treatment / Unfair trial / Disproportionate prison sentences
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Egypt.
Brief description of the situation
The International Secretariat of OMCT has been informed by the International Gay and Lesbian Human Rights Commission IGLHRC, that a 19-year old student, known here by his initials, A.M.S., was arbitrarily arrested, tortured, subjected to degrading medical tests, and on June 8th, 2002, sentenced to three years in detention for alleged homosexual behaviour.
According to the information received, a 19-year old university student, A.M.S. (full name is not given for protection), was arbitrarily arrested after arranging a meeting with a man he had met on the Internet through a gay website. This man is reported as being either an informer or a police officer. A.M.S. allegedly began a private online chat at www.gay.com with the aforementioned man in mid-May, 2002. The man suggested that they should meet on May 19th, 2002. It was on that date that A.M.S. was arrested by a police officer from the Department for Eradicating Crimes Against Public Morality (the “Vice Squad”) at the Interior Ministry, when he was waiting for his contact on a street in Cairo.
According to the report, A.M.S. was taken to the Vice Squad headquarters in the Tahrir Administrative Compound, where he was forced to sign a confession stating that he had been a passive partner in anal sex with several men over a three-year period. A.M.S. had initially refused to sign, but he was reportedly beaten on the back of his neck and shaken severely by one of the guards until he agreed to sign. On May 20th, 2002, he was transferred to Qasr El-Nil Prosecution office for further interrogation. This time, his lawyer was present and A.M.S. attempted to retract his confession since he had been “terrified and under pressure” when he signed the statement. The prosecutor ordered a forensic examination, and A.M.S. had to remain in detention during the investigation.
According to the report, on May 21st, 2002, A.M.S. was sent to the Forensic Medical Authority, where he underwent tests on his anus that would allegedly show whether he had in fact had anal sex. These tests have been condemned by various human rights organizations, including IGLHRC, as intrusive and abusive punishment, and are reported to be medically valueless. Even though the tests results did not show evidence of anal sex, a sentence at the end of the medical report stated that "it is possible for an adult to be anally penetrated without leaving marks, if there was consent and if extreme caution and lubricants were used." This formula has allegedly been included in several reports to provide grounds for indicting people for homosexual conduct when the tests provide no evidence.
According to the information received, on May 29th, A.M.S. was again subjected to an interrogation. He was charged for “habitual practice of debauchery” under Article 9c of Law 10/1961 on the Combating of Prostitution, and on “enticing passers-by to commit indecency” under Article 269 of the Penal Code, if this activity is performed “with signs or deeds” by “anyone found on a public road or in a travelled place.” On June 8th, 2002, A.M.S. was found guilty and sentenced to three years imprisonment, a fine of 300 Egyptian pounds, and three additional years of probation, or close police supervision. A High Court appeal will take place on June 26th, 2002. A.M.S. has reportedly missed his exams because of his stay in prison.
According to the report, this is not the first case where the police use the internet to track down people that they suspect of committing offences, such as homosexual behaviour. A web designer who allegedly posted a poem critical of the government on his site, and a student who spread rumours about a murderer by e-mail, have been recently arrested and tried. Suspected homosexuals however have been the main targets. General Abdel Wahab el-Adly, head of the Vice Squad, announced to the Associated Press on May 2002, that he had made at least 19 arrests of alleged homosexuals through Internet entrapments, when they placed ads or entered gay sites.
The International Secretariat of OMCT is gravely concerned by the arbitrary arrest, torture, and unfair trial to which A.M.S. was subjected for allegedly being homosexual and is also concerned for the physical and psychological integrity of A.M.S., particularly since he has already been subjected to beatings during interrogation and that homosexual persons are often at risk of being subjected to such human rights violations, notably in Egypt, due to their sexual orientation. Furthermore, OMCT condemns the Egyptian’s Authorities use of the Internet to harass and entrap suspected homosexuals. The harassment and ill-treatment of alleged homosexuals is a violation of human rights, as defined under Article 2 of the International Covenant on Civil and Political Rights, which prohibits discrimination on the basis of sexual orientation.
Action requested
Please write to the authorities in Egypt urging them to:
i. guarantee the physical and psychological integrity of A.M.S.;
ii. order the immediate release of A.M.S. in the absence of valid legal charges or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
iii. order a thorough and impartial investigation into the circumstances of these events and guarantee that those responsible are brought to trial and that the penal, civil and/or administrative sanctions are applied as provided by law;
iv. guarantee adequate reparation to A.M.S.;
v. put an immediate end to the persecution and harassment of A.M.S., and more generally, of all alleged homosexual persons;
vi. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· H.E. President Mohammad Hosni Mubarak, Abedine Palace, Cairo, Egypt, Email : Webmaster@presidency.gov.eg
· H.E. Faruq Sayf al-Nasr, Minister of Justice, Ministry of Justice, Midan Lazoghly, Cairo, Egypt, Fax: +202 795 8103, E-mail: mojeb@idsc.gov.eg
· H.E. General Habib Ibrahim El Adly, Minister of the Interior, Al – Sheik Rihan Street, Bab al-Louk, Cairo, Egypt, Fax: + 202 579 2031, e-mail: moi@idsc.gov.eg.
Please also write to the embassies of Egypt in your respective country.
Geneva, June 20th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary arrest and detention/ Cruel, inhuman and degrading treatment / Unfair trial / Disproportionate prison sentences
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Egypt.
Brief description of the situation
The International Secretariat of OMCT has been informed by the International Gay and Lesbian Human Rights Commission IGLHRC, that a 19-year old student, known here by his initials, A.M.S., was arbitrarily arrested, tortured, subjected to degrading medical tests, and on June 8th, 2002, sentenced to three years in detention for alleged homosexual behaviour.
According to the information received, a 19-year old university student, A.M.S. (full name is not given for protection), was arbitrarily arrested after arranging a meeting with a man he had met on the Internet through a gay website. This man is reported as being either an informer or a police officer. A.M.S. allegedly began a private online chat at www.gay.com with the aforementioned man in mid-May, 2002. The man suggested that they should meet on May 19th, 2002. It was on that date that A.M.S. was arrested by a police officer from the Department for Eradicating Crimes Against Public Morality (the “Vice Squad”) at the Interior Ministry, when he was waiting for his contact on a street in Cairo.
According to the report, A.M.S. was taken to the Vice Squad headquarters in the Tahrir Administrative Compound, where he was forced to sign a confession stating that he had been a passive partner in anal sex with several men over a three-year period. A.M.S. had initially refused to sign, but he was reportedly beaten on the back of his neck and shaken severely by one of the guards until he agreed to sign. On May 20th, 2002, he was transferred to Qasr El-Nil Prosecution office for further interrogation. This time, his lawyer was present and A.M.S. attempted to retract his confession since he had been “terrified and under pressure” when he signed the statement. The prosecutor ordered a forensic examination, and A.M.S. had to remain in detention during the investigation.
According to the report, on May 21st, 2002, A.M.S. was sent to the Forensic Medical Authority, where he underwent tests on his anus that would allegedly show whether he had in fact had anal sex. These tests have been condemned by various human rights organizations, including IGLHRC, as intrusive and abusive punishment, and are reported to be medically valueless. Even though the tests results did not show evidence of anal sex, a sentence at the end of the medical report stated that "it is possible for an adult to be anally penetrated without leaving marks, if there was consent and if extreme caution and lubricants were used." This formula has allegedly been included in several reports to provide grounds for indicting people for homosexual conduct when the tests provide no evidence.
According to the information received, on May 29th, A.M.S. was again subjected to an interrogation. He was charged for “habitual practice of debauchery” under Article 9c of Law 10/1961 on the Combating of Prostitution, and on “enticing passers-by to commit indecency” under Article 269 of the Penal Code, if this activity is performed “with signs or deeds” by “anyone found on a public road or in a travelled place.” On June 8th, 2002, A.M.S. was found guilty and sentenced to three years imprisonment, a fine of 300 Egyptian pounds, and three additional years of probation, or close police supervision. A High Court appeal will take place on June 26th, 2002. A.M.S. has reportedly missed his exams because of his stay in prison.
According to the report, this is not the first case where the police use the internet to track down people that they suspect of committing offences, such as homosexual behaviour. A web designer who allegedly posted a poem critical of the government on his site, and a student who spread rumours about a murderer by e-mail, have been recently arrested and tried. Suspected homosexuals however have been the main targets. General Abdel Wahab el-Adly, head of the Vice Squad, announced to the Associated Press on May 2002, that he had made at least 19 arrests of alleged homosexuals through Internet entrapments, when they placed ads or entered gay sites.
The International Secretariat of OMCT is gravely concerned by the arbitrary arrest, torture, and unfair trial to which A.M.S. was subjected for allegedly being homosexual and is also concerned for the physical and psychological integrity of A.M.S., particularly since he has already been subjected to beatings during interrogation and that homosexual persons are often at risk of being subjected to such human rights violations, notably in Egypt, due to their sexual orientation. Furthermore, OMCT condemns the Egyptian’s Authorities use of the Internet to harass and entrap suspected homosexuals. The harassment and ill-treatment of alleged homosexuals is a violation of human rights, as defined under Article 2 of the International Covenant on Civil and Political Rights, which prohibits discrimination on the basis of sexual orientation.
Action requested
Please write to the authorities in Egypt urging them to:
i. guarantee the physical and psychological integrity of A.M.S.;
ii. order the immediate release of A.M.S. in the absence of valid legal charges or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
iii. order a thorough and impartial investigation into the circumstances of these events and guarantee that those responsible are brought to trial and that the penal, civil and/or administrative sanctions are applied as provided by law;
iv. guarantee adequate reparation to A.M.S.;
v. put an immediate end to the persecution and harassment of A.M.S., and more generally, of all alleged homosexual persons;
vi. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· H.E. President Mohammad Hosni Mubarak, Abedine Palace, Cairo, Egypt, Email : Webmaster@presidency.gov.eg
· H.E. Faruq Sayf al-Nasr, Minister of Justice, Ministry of Justice, Midan Lazoghly, Cairo, Egypt, Fax: +202 795 8103, E-mail: mojeb@idsc.gov.eg
· H.E. General Habib Ibrahim El Adly, Minister of the Interior, Al – Sheik Rihan Street, Bab al-Louk, Cairo, Egypt, Fax: + 202 579 2031, e-mail: moi@idsc.gov.eg.
Please also write to the embassies of Egypt in your respective country.
Geneva, June 20th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.