​Ongoing arbitrary detention and judicial harassment of Mr. Malek Adly

Description of the situation:

The Observatory has been informed by reliable sources about the ongoingarbitrary detention and judicial harassment of Mr. Malek Adly, a humanrights lawyer working for the Egyptian Centre for Economic and Social Rights(ECESR) and co-funder of the Front of Defence for Egyptian Protesters (FDEP).

According to the information received, on July 31, 2016, the Prosecutordecided to extend Mr. Malek Adly's detention, ongoing since May 5, 2016, forother 15 days pending further investigation on several charges, including of“joining a group to obstruct the law”, “spreading false news”, “plotting tooverthrow the government and alter the Egyptian Constitution”, “hindering theofficial duties of government institutions”, “promoting publications thatdisrupt national unity”, “inciting the anti-government protests that took placeon April 25” and “using violence and force against national security agencyofficers”. Mr. Malek Adly has been detained without formal charges and insolitary confinement in Mazraah Prison in Torah for 90 days[1].

Mr. Malek Adly was arrested by the Egyptian Security Forces inMaadi, Cairo based on an arrest warrant issued on April 23, 2016. The arrestwarrant related to a call to protest on April 25, 2016, condemning the recentgovernment decision to transfer the sovereignty of two Red Sea islands to SaudiArabia (Tiran and Sanafir) and against President Al Sissi's policies, humanrights abuses and crimes committed by the Egyptian security forces. On April 11,2016, Mr. Malek Adly had also filed a lawsuit against such Government’sdecision on the islands.

Mr. Malek Adly was then brought inthe Maadi Police Station and questioned. During his interrogation, he wasbeaten, struck with firearms, blindfolded and stripped of his shirt by policeofficers. He was then transferred to the Shubra Al-Khaimah public prosecutionwhere he was questioned again for four hours from 3am to 7am. Mr. Malek Adly isdetained in a 6x8 foot cell, without lighting or ventilation. He is unable toleave except for court sessions or visits with his wife and lawyers. Mr. Adlyhas also been denied the right to furnish his cell with a bed and mattress,deprived of his right to exercise and recreation, barred from visiting theprison library and mosque or receiving reading material. Though, Mr. Malek Adlyis suffering from high blood pressure and aching joints, he does not haveaccess to medication or a doctor.

On July 18, 2016, Mr. Malek Adly’s lawyers requested the court to appoint an investigativejudge for the case, arguing that the prosecution had committed severalviolations of the right to due process and fair trial. More particularly, Mr.Malek Adly’s lawyers complained that they had not received a formal copy of thecourt's case, that the court had refused to open an investigation for allegations of tortureand ill treatment during his detention, and that, on several occasions, theprosecution refused visit requests by the lawyers. Following the latest renewalof the detention, Mr. Malek Adly’s lawyers declared their withdrawal from theprosecution investigation session to protest violations of the right to a fairtrial by the prosecution committee.

On June 28, 2016, the ECESR filed acomplaint against the Minister of Interior, Public Prosecutor, Head of Egypt'sPrison Authority and Officer of Mazraah Prison in Torah regarding his poordetention conditions. Mr. Haitham Al-Harir, a member of Parliament, also filedseveral complaints to the Ministry of Interior regarding Malek Adly’sconditions of detention. The latest was filed on July 14.

The Observatory recalls that sincethe agreement with Saudi Arabia was signed, the Egyptian authorities have beentargeting activists who expressed criticism regarding this decision. Forexample, on April 15, several activists demonstrated in Cairo inviting thepopulation to join a further demonstration on April 25. Security forcesarrested dozens of them.

The Observatory strongly condemns the allegations of torture andill-treatment against Mr. Malek Adly and his poor detention conditions andcalls upon the Egyptian authorities to immediately and unconditionally releasehim and drop all charges against him, as they only aim at sanctioning hislegitimate human rights activities.

Finally, until all charges are dropped against him, the Observatoryurges the Egyptian authorities to ensure that Mr. Malek Adly’s conditions ofdetention are humane and that all judicial proceedings against him are carriedout in full compliance with his right to a fair trial, as protected underinternational law.

Actions requested:

Please write to the authorities of Egypt asking them to:

i. Guarantee in allcircumstances the physical and psychological integrity of Mr. Malek Adly,including by putting an end to all acts of torture and ill-treatment againsthim, as well as of all human rights defenders in Egypt;

ii. Release immediately and unconditionallyMr. Malek Adly, aswell as all human rights defenders currently in arbitrary detention, as it seems to only aim at curtailing their human rights activities;

iii. Immediatelydrop all charges against Mr. Malek Adlyas they only aim at sanctioning his legitimate human rights activities;

iv. Carry out an immediate,thorough, impartial and transparent investigation into the allegations of torture and ill-treatment against Mr.Malek Adly, in order to identify all those responsible, bring them before anindependent tribunal, and sanction them as provided by the law;

v. Putan end to the harassment - including at the judicial level - against Mr. Malek Adly, as well asagainst all human rights defenders in Egypt;

vi. Comply with all theprovisions of the United Nations Declaration on Human Rights Defenders, inparticular with its Articles 1, 6(b)(c), and 12.2;Ensure in all circumstancesrespect for human rights and fundamental freedoms in accordance withinternational human rights standards and international instruments ratified byEgypt.

Addresses:

· President of the Arab Republic of Egypt, H.E. AbdelFattah el-Sisi, Abedine Palace, Cairo, Egypt, Fax: +202 23901998

· Prime Minister, Mr. Sherif Ismail, Magles El ShaabStreet, Kasr El Aini Street, Cairo, Egypt. Fax: + 202 2735 6449 / 27958016.Email: primemin@idsc.gov.eg

· Minister of the Interior, General Magdy AbdelGhaffar, Ministry of the Interior, El-Sheikh Rihan Street, Bab al-Louk, Cairo,Egypt, E-mail: moi1@idsc.gov.eg, Fax: +202 2579 2031 / 2794 5529

· Minister of Justice, Mr. Ahmed El Zend, Ministry ofJustice, Magles El Saeb Street, Wezaret Al Adl, Cairo, Egypt, E-mail:mojeb@idsc.gov.eg, Fax: +202 2795 8103

· Public Prosecutor, Counsellor Nabeel Sadek, 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 Missionof Egypt to the United Nations in Geneva, 49 avenue Blanc, 1202 Genève,Switzerland, Email: mission.egypt@ties.itu.int, Fax: +41 22 738 44 15

· Embassy of Egypt in Brussels, 19 avenue del’Uruguay, 1000 Brussels, Belgium, Fax: +32 2 675.58.88; Email:egyptembassy@embassyofegypt.be

Please also write to the diplomatic missions or embassies of Egypt inyour respective country.

[1] On May 6, 2016, the prosecutor ordered his detention for 15 days, pendinginvestigation regarding the above-mentioned charges. The detention was extendedseveral times.