Judicial harassment and sentencing of Ms. Mahienour El-Massry
New information
EGY 001 / 0514 / OBS 045.5
Sentencing / Judicial harassment /
Repression of peaceful protest
Egypt
February20, 2015
The Observatory for the Protection of Human RightsDefenders, a joint programme of the International Federationfor Human Rights (FIDH) and the World Organisation Against Torture (OMCT), hasreceived new information and requests your urgent intervention in the followingsituation in Egypt.
New information:
The Observatory has been informed byreliable sources about the continued judicial harassment and sentencing of Ms. MahienourEl-Massry, a human rightslawyer known for her activism in favour of judicial independence and prisoners'rights by organising peaceful protests, support activities for politicalprisoners and using social media to denounce human rights violations.
According to the information received, on February 9,2015, El Raml Misdemeanour Court in Alexandriasentenced Ms. Mahienour El-Massry, together with another lawyer Amr AbuElkhair and eight activists to two years in jail.
The defendants were accused of storming the Ramlpolice station in Alexandria and assaulting police officers as well as torchingthe Freedom and justice party headquarters, political arm of the Muslim Brotherhoodin March 2013. Ms. Mahienour El-Massry is not currently detained pending appealas a LE 5,000 (approximately EUR 580) bail was paid. Ms. Mahienour El-Massryhas filed a demurrer to challenge the abovementioned sentence.
The present decision follows a series of hearings heldon May 8, July 21, October 13 and November 17, 2014 (see background informationbelow).
The Observatory condemns the sentencing of Ms.Mahienour El-Masry and calls upon the Egyptian authorities to drop all chargesagainst her as they are clearly aimed at hindering her peaceful human rightsactivities.
Background information:
On January 2, 2014, Alexandria Manshiya MisdemeanourCourt sentenced in absentia Ms. Mahienour El-Massry and seven members ofthe political group “Revolutionary Socialists”[1],including human rights lawyer Mr. Hassan Mustafa[2],to two years’ imprisonment and a fine of EGP 50,000 for “protesting without apermit” and “assaulting security forces” following their participation in apeaceful protest on December 2, 2013 to denounce police violence and inparticular the impunity of Khaled Saeed murder. Khaled Saeed was killed bypolice forces on June 6, 2010 and subsequently became a symbol of policerepression during the 2011 Egyptian Revolution. Ms. Mahienour El-Massry hadfailed to appear as she had not been informed in advance of the date of thehearing.
On May 20, 2014, the Sidi Gaber Misdemeanour Court inAlexandria rejected the demurrer filed by Ms. Mahienour El-Massry regardingthe sentence issued against her in absentia. Ms. Mahienour El-Massrywas immediately detained following the hearing.
On May 22, 2014, defence lawyers of Ms. MahienourEl-Massry filed a complaint against the decision to schedule the appeal hearingon June 26, 2014, arguing that theappeal date was too far away in violation of criminal law proceduralprovisions. The request was rejected by the court.
On May 22, 2014, the Egyptian security forcesviolently repressed participants to a solidarity march organised outside of theheadquarters of Egyptian Center for Economic & Social Rights (ECESR) inAlexandria, following a press conference organised to express support with Ms.Mahienour El-Massry. Several female protesters were sexually harassed bysecurity forces. Some protesters were beaten and arrested by the police. Afterthe march, security forces stormed into ECESR’s headquarters, smashed some ofits equipment and arrested several employees.
On July 20, after successive adjournments, the SidiGaber Appeal Misdemeanour Court in Alexandria sentenced Ms. Mahienour El-Massryto six months of prison and a fine of EGP 50,000 (approximately EUR 5,143) for“protesting without a permit” and “assaulting security forces”. Ms. MahienourEl-Massry's lawyers appealed the sentence before the Court of Cassation.
On September 21, the demurrer was accepted and AlMansheya Misdemeanour Appeals Court decided to suspend the execution of Ms.Mahienour El-Massry's six-month prison sentence, pending the appeal lodgedbefore the Court of Cassation. This decision followed a request filed by Ms.Mahienour El-Massry's lawyers challenging the execution of her sentence pendinga final outcome.
Moreover, Ms. El-Massry is also facing trial onseparate charges for an incident that occurred in March 2013. In a separateincident, on May 8, 2014, Ms. El-Massry was referred to court on charges of“assaulting security forces” after, in March 2013, she and other lawyers wentto Raml police station to provide legal assistance to three activists who werearrested and sent to the police by supporters of the Muslim Brotherhood (the“Raml police station” case). The lawyers were attacked by the police in thepolice station, and Ms. El-Massry was detained briefly before the Prosecutiondecided to release her and the others. The trial was then postponed severaltimes following the resignation of the appointed judge from the bench. The casewas heard on July 21, 2014 and then postponed to October 13 and November 17,2014.
On November 17, 2014, the Raml Misdemeanour Court helda hearing in the “Raml police station” criminal case. The court heard threetestimonies provided by witnesses presented by the defence. The defenceadditionally requested the court to summon the persons who filed the complaintagainst Ms. Mahienour El-Massry, and to include the administrative police casereport. The Court then adjourned the hearing until December 8.
Actionsrequested:
Please write to the authorities of Egypt asking themto:
i. Drop all charges against Ms. Mahienour El-Massry, asthey are clearly aimed at hindering her peaceful human rights activities, andimmediately and unconditionally releaseAmr Abu Elkhair and other eight human rights defenders after droppingall charges against them as well;
ii. Put an end to all acts of harassment, including at thejudicial level, against Ms. Mahienour El-Massry and all human rights defendersin Egypt;
iii. Guarantee in all circumstances the physical andpsychological integrity of Ms. Mahienour El-Massry and all human rightsdefenders in Egypt;
iv. Comply with all the provisions of the United NationsDeclaration on Human Rights Defenders adopted on December 9, 1998 by the UnitedNations General
Assembly, in particular with:
- its Article 1, which provides that “everyone has theright, individually and in association with others, to promote and to strivefor the protection and realization of Human rights and fundamental freedoms atthe national and international levels”;
- its Article 5(a): “For the purpose of promoting andprotecting Human rights and fundamental freedoms, everyone has the right,individually and in association with others, at the national and internationallevels (a) To meet or assemble peacefully”
- its Article 6(a), which foresees that “everyone hasthe right, individually and in association with others, to participate inpeaceful activities against violations of Human rights and fundamentalfreedoms”;
- its Article 12.2, which provides that “the Stateshall take all necessary measures to ensure the protection by the competentauthorities of everyone, individually and in association with others, againstany violence, threats, retaliation, de facto or de jure adversediscrimination, pressure or any other arbitrary action as a consequence of hisor her legitimate exercise of the rights referred to in the presentDeclaration”;
v. Ensure in all circumstances respect for human rightsand fundamental freedoms in accordance with international human rightsstandards and international instruments ratified by Egypt.
Addresses :
· President of the Arab Republic of Egypt, H.E. AbdelFattah el-Sisi, Abedine Palace, Cairo, Egypt, Fax: +202 23901998
· Prime Minister, Mr. Ibrahim Mehleb, Magles El ShaabStreet, Kasr El Aini Street, Cairo, Egypt. Fax: + 202 2735 6449 / 27958016.Email: primemin@idsc.gov.eg
· Minister of the Interior, General Mohamed IbrahimMoustafa, Ministry of the Interior, El-Sheikh Rihan Street, Bab al-Louk, Cairo,Egypt, E-mail: moi1@idsc.gov.eg, Fax: +202 2579 2031 / 27945529
· Minister of Justice, Mr. Mahfouz Saber, Ministry ofJustice, Magles El Saeb Street, Wezaret Al Adl, Cairo, Egypt, E-mail: mojeb@idsc.gov.eg, Fax: +202 2795 8103
· Public Prosecutor, Counsellor Hisham Barakat Daral-Qadha al-Ali, Ramses Street, Cairo, Egypt, Fax: +202 2577 4716
· Mr. Mohamed Fayeq, President of the National CouncilFor 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, 49 avenue Blanc, 1202 Genève, Switzerland, Email: mission.egypt@ties.itu.int, Fax: +41 22 738 44 15
· Embassy of Egyptin Brussels, 19 avenue de l’Uruguay, 1000 Brussels, Belgium, Fax: +32 2675.58.88; Email: egyptembassy@embassyofegypt.be
Please also write to the diplomatic missions orembassies of Egypt in your respective country.
***
Paris-Geneva, February 20, 2015
Kindly inform us of any action undertaken quoting thecode of this appeal in your reply.
The Observatory, a FIDH and OMCT venture,is dedicated to the protection of Human Rights Defenders and aims to offer themconcrete support in their time of need.
To contact the Observatory, call the emergency line:
· E-mail: Appeals@fidh-omct.org
· Tel and fax FIDH + 33(0) 1 43 55 25 18 / +33 1 43 55 18 80
[1] The Revolutionary Socialists joined withother movements in rejecting, opposing, and protesting against an anti-protestlaw passed by the Egyptian transitional government in 2013.