Egypt
23.05.01
Urgent Interventions

Egypt: The Observatory calls for the release of Dr. Saad Eddin Ibrahim

Paris, Geneva, 22nd May

EGYPT


The European Union must campaign for the release of Dr. Saad Eddin Ibrahim

The building of a partnership between the European Union and Egypt, based on respect for human rights has been seriously compromised by the heavy prison sentences passed on several activists solely because of their commitment to human rights

The Observatory publishes a report today on an inquiry into legal and judicial assaults on human rights defenders

Dr. Saad Eddin Ibrahim, director of the Ibn Khaldoun Centre for Development Studies and professor of political sociology was sentenced on 21 May 2001 by the Supreme Court of State Security to 7 years in prison.

The other 27 people, mostly members of NGOs such as the Ibn Khaldoun Centre and the Egyptian Women Voters Support Centre who appeared with him in court on similar charges were given prison sentences of 1 to 3 years and suspended sentences. Nadia al-Nur, finance director of the Centre was sentenced to 2 years in prison, as was Khaled Fayad, programme manager, and Oussama Hammad, accountant. Magda El Bih, a municipal counsellor who gave temporary help to the Centre was sentenced to 5 years in prison, as was Mohamed Hussein Amara, a police officer who allegedly supplied the Centre with documents.

This verdict was pronounced at the last session of a trial which started on 18 November 2000 in presence of a lawyer delegated by the Observatory. The report published today recounts the trial, explaining how the State of Emergency, the law on associations and the judiciary are used in order to persecute defenders.

Dr. Saad Eddin Ibrahim, together with the other people who were condemned to prison were incarcerated. The only possibility of appeal that they have would be a presidential pardon or through a decision of the Supreme Court which is a very long procedure.

Dr. Saad Eddin Ibrahim was accused inter alia of disseminating false information that was damaging to the interests of Egypt, and of having received funds from abroad without prior authorisation from the government. These latter charges are based on the military decree No. 4 of 1992 adopted by virtue of the State of Emergency that has been in force in Egypt since 1967. They refer to grants received by the Ibn Khaldoun Centre allocated by the European Union MEDA-democracy programme. This is not the first time that this measure has been arbitrarily invoked to reprimand activities on behalf of human rights. Hafez Abu Saada, Secretary General of the Egyptian Human Rights Organisation and Vice-President of the FIDH has been prosecuted for the same motive since 1998, for having received a grant from the British Embassy for a legal aid project for women.

Dr. Saad Eddin Ibrahim was arrested on 30 June 2000, his home was searched and some documents seized. On the same day, the bureau of investigation and state security also searched the Ibn Khaldoun Centre and arrested Mrs. Nadia al-Nur. The account books of the Centre, diskettes, computers, a safe and some documents were confiscated. On 10 August they were both released under bail. Dr. Saad Eddin Ibrahim was served with an order forbidding him to leave the terriitory. The Ibn Khaldoun Centre has been closed since then.

The Observatory vigorously condemns this verdict which demonstrates once again the will of the highest authorities to muzzle any form of criticism and to fetter the action of human rights defenders, which is in total contradiction with the international instruments applicable in this context, and to which Egypt is a part.

The European Union and Egypt have just completed negotiation of an agreement which has still to be signed by Egypt and ratified by the 15 members states of the EU and Egypt before coming into force. This agreement lies within the context of the building of a Euro-Mediterranean economic, political and social partnership, since 1995. Article 2 of this agreement states that the relations between the EU and the Mediterranean countries must be based on respect of human rights. The agreements between the EU and the Mediterranean countries systematically include this clause on human rights. In this context, the Observatory calls on the European Union to use all its weight in asking Egypt for the immediate and unconditional release of Dr. Saad Eddin Ibrahim and the other people who have been arbitrarily imprisoned. Without a strong reaction to the verdict passed on 21 May 2001 on the part of the European Union, the whole Euro-Mediterranean partnership will be seriously compromised.

The Observatory assures its wholehearted support to Dr. Saad Eddin Ibrahim and all those who have been arbitrarily condemned solely because of their commitment on behalf of fundamental freedoms and democracy.

Recommendations:

To the Egyptian authorities :

The Observatory calls on the Egyptian authorities to:

- Immediately release Dr. Saad Eddin Ibrahim and all the other people who are being arbitrarily detained;
- Ensure that their case is brought before the Supreme Court within the shortest possible time frame so that the prison sentences passed on 21 May against Dr. Saad Eddin Ibrahim and 27 other people ranging from 1 to 7 years are overturned;
- Ensure that the judiciary, in complete independence, applies the international conventions that have been ratified by Egypt, in particular the international covenant on civil and political rights and the Declaration on the protection of human rights defenders which guarantee the freedom of association and action of defenders of human rights, and in particular, the right of NGOs to receive funds, including those from abroad;
- To lift the charges against Hafez Abu Saada, since these charges are arbitrary and only aimed at restricting his activities in the field of the protection and promotion of human rights ;
- To allow the re-opening of the Ibn Khaldun Centre and the free access of the researchers to it ;
- To renounce to the restrictive legislation in the field of the freedom of association and to adapt law 153/1999 to the international norms and standards ;
- To start consultations with the civil society to do so ;
- To refrain from using the Emergency Law to restrict the activities of human rights NGOs ;


To the European Union :

Before the ratification of the Association Agreement between the European Union and Egypt, the European Union and its 15 members States should demand the Egyptian authorities to provide garantee that:

- the above recommendations, based on Egypt’s international human rights commitments be implemented ;
- Egyptian NGOs will be able to benefit freely from the support of the EU, notably through the MEDA-democracy programme. The Egyptian government should not impose prior approval in relation to EU and member States funding.

The Observatory considers as arbitrary the condemnation on 21 May of Dr. Saad Eddin Ibrahim and 27 other people. It refers the matter to the United Nations Working Group on Arbitrary Detention.

Furthermore, the Observatory submits this report to the United Nations Secretary-General Representative on Human Rights Defenders, Ms Hina Jilani.