Egypt
03.12.02
Urgent Interventions
Egypt: sentencing to three years of imprisonment of five men accused of being homosexual
Case EGY 080302.1
Follow-up of Case EGY 080302
Arbitrary detention/Torture/Fair trial
Geneva, March 12th, 2002
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Egypt.
New Information
The International Secretariat of OMCT has been informed by a reliable source of the sentencing to three years of imprisonment of five men accused of being homosexual in a trial held on March 11th, 2002, in Damanhour, Al-Beheira province, Egypt.
According to the information received, the verdict concerning the trial of Yasser Ahmed F., Mansour Hassan M., Ali Rizq M., Mohamed Ahmed H., and Samir Mahmoud A. (surnames are not given for their protection), was announced on March 11th, 2002. The five men, who were reportedly arrested by the Egyptian authorities on January 15th, 2002, had been charged under Article 9c of Law 10/1961 on the Combating of Prostitution for the “habitual practice of debauchery”, and with “operating a house for the purpose of debauchery” under Articles 8 and 10 of the same law. The men had reportedly confessed to consensual homosexual acts after being subjected to torture. The prosecutor claimed that a medical investigation had shown that they had been “used” (i.e. they had been passive partners in anal intercourse). The defendants were sentenced to three years’ imprisonment, followed by three years’ probation during the hearing on March 11th, 2002. The judge reportedly deliberated for only fifteen minutes before delivering the verdict. An appeal is set to take place on April 13th, 2002.
According to the report, during the past year, arbitrary arrests of presumed homosexuals, reports of them being torture and sentenced to hard labour have become more frequent in Egypt. On November 14th, 2001, in what is known as the Queen Boat case, twenty-three men were sentenced to one to five years of hard labour under the same law that was used to sentence the five men in Damanhour. On February 3rd, 2002, four men, referred to as the “Boulak 4,” also received similar sentences under this law at a trial in the Boulak suburb of Cairo; they will face an appeal trial hearing on the March 18th, 2002 (see previous appeal EGY 291101).
The International Secretariat of OMCT is gravely concerned about the ill-treatment and torture to which Yasser Ahmed F., Mansour Hassan M., Ali Rizq M., Mohamed Ahmed H., and Samir Mahmoud A. have reportedly been subjected while in detention, and is gravely concerned for their physical and psychological integrity. OMCT is also gravely concerned that these persons have apparently not been granted a fair trial, as the sentences were based on information collected from the defendants after they had been subjected to torture. OMCT recalls that, Article 15 of the Convention against Torture states: "Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made." More generally, OMCT condemns the Egyptian authorities continuing harassment of alleged homosexual persons.
Brief reminder of the situation
According to the information received, five presumed homosexuals were arrested by the Egyptian authorites on January 15th, 2002, in Damanhour, Al-Beheira province, Egypt. The case file (Damanhour Court of Misdemeanours, no. 2190/2002) reportedly states that the accused were arrested at the apartment of one of the men, although the defendants claim that only two of them were arrested at the apartment, with one of the other men having been apprehended at his own home, and the other two men having been arrested while they were in the street. While in detention awaiting their trial, the men were reportedly subjected to torture on several occasions, and, as a result, confessed to having engaged in homosexual acts. The defendants were allegedly forced to sign interrogation documents that they were not allowed to read although only one man had been interrogated, during this time they were not allowed access to legal counsel. The five men then reportedly underwent a forensic medical examination, which found they had been “used.” The police allegedly interfered with the men’s legal defence, as the chief inspector of the Damanhour police refused to share information and show the police report to a lawyer representing them. On March 26th, 2002, their lawyer was not allowed to attend a hearing in which their detention was extended for an additional 45 days. On March 4th, 2002, a hearing was held earlier than expected, and the presiding judge, Mohamed Moktar, is believed to have chosen the date to interfere with the defence’s ability to prepare its case.
Action requested
Please write to the authorities in Egypt urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of Yasser Ahmed F., Mansour Hassan M., Ali Rizq M., Mohamed Ahmed H., and Samir Mahmoud A.;
ii. order their immediate release in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iii. order a thorough and impartial investigation into the circumstances of these events in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
iv. guarantee adequate reparation to all injured people;
v. put an immediate end to the persecution and harassment of the above-mentioned persons, and, more generally, all alleged homosexuals in Egypt;
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, Fax : 202 390 199 98, Email : Webmaster@presidency.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.
Please also write to the embassies of Egypt in your respective country.
Geneva, March 12th, 2002
Follow-up of Case EGY 080302
Arbitrary detention/Torture/Fair trial
Geneva, March 12th, 2002
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Egypt.
New Information
The International Secretariat of OMCT has been informed by a reliable source of the sentencing to three years of imprisonment of five men accused of being homosexual in a trial held on March 11th, 2002, in Damanhour, Al-Beheira province, Egypt.
According to the information received, the verdict concerning the trial of Yasser Ahmed F., Mansour Hassan M., Ali Rizq M., Mohamed Ahmed H., and Samir Mahmoud A. (surnames are not given for their protection), was announced on March 11th, 2002. The five men, who were reportedly arrested by the Egyptian authorities on January 15th, 2002, had been charged under Article 9c of Law 10/1961 on the Combating of Prostitution for the “habitual practice of debauchery”, and with “operating a house for the purpose of debauchery” under Articles 8 and 10 of the same law. The men had reportedly confessed to consensual homosexual acts after being subjected to torture. The prosecutor claimed that a medical investigation had shown that they had been “used” (i.e. they had been passive partners in anal intercourse). The defendants were sentenced to three years’ imprisonment, followed by three years’ probation during the hearing on March 11th, 2002. The judge reportedly deliberated for only fifteen minutes before delivering the verdict. An appeal is set to take place on April 13th, 2002.
According to the report, during the past year, arbitrary arrests of presumed homosexuals, reports of them being torture and sentenced to hard labour have become more frequent in Egypt. On November 14th, 2001, in what is known as the Queen Boat case, twenty-three men were sentenced to one to five years of hard labour under the same law that was used to sentence the five men in Damanhour. On February 3rd, 2002, four men, referred to as the “Boulak 4,” also received similar sentences under this law at a trial in the Boulak suburb of Cairo; they will face an appeal trial hearing on the March 18th, 2002 (see previous appeal EGY 291101).
The International Secretariat of OMCT is gravely concerned about the ill-treatment and torture to which Yasser Ahmed F., Mansour Hassan M., Ali Rizq M., Mohamed Ahmed H., and Samir Mahmoud A. have reportedly been subjected while in detention, and is gravely concerned for their physical and psychological integrity. OMCT is also gravely concerned that these persons have apparently not been granted a fair trial, as the sentences were based on information collected from the defendants after they had been subjected to torture. OMCT recalls that, Article 15 of the Convention against Torture states: "Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made." More generally, OMCT condemns the Egyptian authorities continuing harassment of alleged homosexual persons.
Brief reminder of the situation
According to the information received, five presumed homosexuals were arrested by the Egyptian authorites on January 15th, 2002, in Damanhour, Al-Beheira province, Egypt. The case file (Damanhour Court of Misdemeanours, no. 2190/2002) reportedly states that the accused were arrested at the apartment of one of the men, although the defendants claim that only two of them were arrested at the apartment, with one of the other men having been apprehended at his own home, and the other two men having been arrested while they were in the street. While in detention awaiting their trial, the men were reportedly subjected to torture on several occasions, and, as a result, confessed to having engaged in homosexual acts. The defendants were allegedly forced to sign interrogation documents that they were not allowed to read although only one man had been interrogated, during this time they were not allowed access to legal counsel. The five men then reportedly underwent a forensic medical examination, which found they had been “used.” The police allegedly interfered with the men’s legal defence, as the chief inspector of the Damanhour police refused to share information and show the police report to a lawyer representing them. On March 26th, 2002, their lawyer was not allowed to attend a hearing in which their detention was extended for an additional 45 days. On March 4th, 2002, a hearing was held earlier than expected, and the presiding judge, Mohamed Moktar, is believed to have chosen the date to interfere with the defence’s ability to prepare its case.
Action requested
Please write to the authorities in Egypt urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of Yasser Ahmed F., Mansour Hassan M., Ali Rizq M., Mohamed Ahmed H., and Samir Mahmoud A.;
ii. order their immediate release in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iii. order a thorough and impartial investigation into the circumstances of these events in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
iv. guarantee adequate reparation to all injured people;
v. put an immediate end to the persecution and harassment of the above-mentioned persons, and, more generally, all alleged homosexuals in Egypt;
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, Fax : 202 390 199 98, Email : Webmaster@presidency.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.
Please also write to the embassies of Egypt in your respective country.
Geneva, March 12th, 2002