Ongoing arbitrary detention of Mr. Ibrahim Metwally Hegazy, co-founder of the Association of Families of the Disappeared

Arbitrary detention /

Judicial harassment

Egypt

November 8, 2019

The Observatory for theProtection of Human Rights Defenders, a partnership of the World OrganisationAgainst Torture (OMCT) and FIDH, has received new information and requests yoururgent intervention in the following situation in Egypt.

New information:

The Observatory hasbeen informed by reliable sources about the ongoing arbitrary detention of Mr. Ibrahim MetwallyHegazy,co-founder of the Association of Families of the Disappeared[1]and a human rights lawyer who represents families of victims of enforceddisappearances.

According to theinformation received, on November 5, 2019, Mr. Ibrahim MetwallyHegazy appeared in front of the State Security Prosecution and was accused in anew case of “belonging to a terrorist group” and “funding a terrorist group” inState Security Case 1470/2019. The State Security Prosecution further orderedhis pre-trial detention for 15 days.

The Observatoryrecalls that Mr. Ibrahim Metwally Hegazy has been detained since September 10,2017 (see background information). After two years of preventive detention ininhumane conditions, he had finally been ordered release on October 14, 2019 inState Security Case 900/2017, on the same charges. Yet he remained detaineduntil he was accused in Case 1470/2019 on November 5, which seems to be a wayto circumvent the two-year maximum on pre-trial detention prescribed byEgyptian law.

The Observatory expresses its utmost concern over theongoing arbitrary detention and judicial harassment of Mr. Ibrahim MetwallyHegazy, as it appears to be linked to his human rightsactivities. The Observatory further recalls thatarbitrary detentions and enforced disappearances have become common practice inEgypt over the past few years targeting dissenting voices, including humanrights defenders.

The Observatory urges the Egyptian authoritiesto guarantee, in all circumstances, the physical integrity andpsychological well-being of Mr. Ibrahim Metwally Hegazy, to release himimmediately and unconditionally, and to put an end to all forms of harassment, including atthe judicial level, against him and all human rights defenders in Egypt.

Backgroundinformation:

On September 10, 2017, Mr. Metwally Hegazy disappearedat Cairo International Airport before boarding a flight to Geneva. Mr. MetwallyHegazy was travelling to Switzerland in response to an invitation by the UnitedNations (UN) Working Group on Enforced Disappearances (WGEID) to attend theproceedings of its 113th Session, held from September 11to 15, 2017 at the UN Human Rights Council.

His family lost contact with him around 8 am after hehad arrived at the airport, texting that he “was heading to the security[forces’] office” which is near passport control. They subsequently contactedthe authorities at the Geneva airport who communicated that the latter had notarrived on the flight from Cairo, leading them to believe that he had beenarrested at Cairo International Airport. The lawyers of Mr. Metwally Hegazy contactedthe airport police and looked for him in nearby police stations but they werenot able to obtain any information on his whereabouts. They subsequently sent atelegram to the Prosecutor General’s Office to report the suspected arrest.

The whereabouts of Mr. Metwally Hegazy remainedunknown until September 12, in the evening, when the Stop EnforcedDisappearance Campaign reported he had been located in State SecurityProsecution (SSP) custody, in Al-Tagammo’ al-Khamis on the outskirts of Cairo. Duringhis interrogation by the SSP, his home was searched by security forces. Theofficial invitation made by the WGEID and Mr. Hegazy’s passport wereconfiscated as evidence in the criminal case No. 900/2017 opened against him.The SSP ordered the detention of Mr. Ibrahim Metwally Hegazy for 15 dayspending investigation, and sent him to the high security wing of Tora prisoncomplex.

On September 20, 2017, the High State SecurityProsecution renewed the preventive detention of Mr. Ibrahim Metwally Hegazy for15 days pending investigation. Mr. Ibrahim Metwally Hegazy was suspected of“founding and leading an organisation that was created illegally” (i.e. theAssociation of Families of the Disappeared), “spreading false news” and“communicating with foreign entities in order to undermine national security”.

In addition, Mr. Ibrahim Metwally Hegazy reported tohis lawyers that during his enforced disappearance at State Security premisesbetween September 10 and 12, 2017, he was tortured, including by electrocution.

Actions requested:

Please write to the authorities of Egypt asking themto:

i. Guarantee, in all circumstances, thephysical integrity and psychologicalwell-being of Mr. Ibrahim Metwally Hegazy;

ii. Immediately and unconditionallyrelease Mr. Ibrahim Metwally Hegazy as well as all human rightsdefenders detained in Egypt as theirdetention is arbitrary since it only seems to aim at punishing them for theirhuman rights activities;

iii. In the meantime, ensure that Mr. Ibrahim MetwallyHegazy has full and unhindered access to his family and lawyers and guaranteehis right to due process and fair trial;

iv. Order an immediate, thorough, transparent, effectiveand impartial investigation into the above-mentioned allegations of torture ofMr. Ibrahim Metwally Hegazy in order to identify all those responsible, bringthem before an independent tribunal and apply the sanctions provided by the lawto them;

v. Put an end to all acts of harassment, including at thejudicial level, against Mr. Ibrahim Metwally Hegazy, as well asagainst all human rights defenders in Egypt, and ensure that they are able to carry out theiractivities without hindrance;

vi. Conform with the provisions of the UN Declaration onHuman Rights Defenders, adopted by the General Assembly of the United Nationson December 9, 1998, especially its Articles 1 and 12.2; and

vii. More generally, ensure in all circumstances therespect for human rights and fundamental freedoms in accordance with theUniversal Declaration of Human Rights and with international and regional humanrights instruments ratified by Egypt.

Addresses:

· President of the Arab Republicof Egypt, H.E. Abdel Fattah el-Sisi, Fax: +202 2391 1441. Email: p.spokesman@op.gov.eg, Twitter: @AlsisiOfficial

· Prime Minister, Mr. Mustafa Kemal MadboulyMohamed. Email: pm@cabinet.gov.eg

· Minister of the Interior, Mr. Mahmoud Tawfik,Email: center@iscmi.gov.eg

· Minister of Justice, Mr. Mohamed HossamAbdel-Rahim, Fax: +202 2795 8103 


· Public Prosecutor, Counsellor Nabeel Sadek, Fax: +2022577 4716

· Head of the Egyptian parliament’s Human RightsCommittee, Mr. Alaa Abed, Email: humanrightscomplaints@parliament.gov.eg

· Mr. Mohamed Fayeq, President of the NationalCouncil for Human Rights, Fax: + 202 25747497 / 25747670. Email: nchr@nchr.org.eg

· H.E. Mr. Alaa Youssef, Ambassador, PermanentMission of Egypt to the United Nations in Geneva, Switzerland, Email: mission.egypt@bluewin.ch

· Embassy of Egypt in Brussels, Belgium, Fax: +32 2675.58.88; Email: embassy.egypt@skynet.be

Please also write to the diplomaticmissions or embassies of Egypt in your respective country.

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Geneva-Paris, November8, 2019

Kindly inform us of anyaction undertaken quoting the code of this appeal in your reply.

The Observatory for the Protection of HumanRights Defenders (the Observatory) was created in 1997 by the WorldOrganisation Against Torture (OMCT) and FIDH. The objective of this programmeis to intervene to prevent or remedy situations of repression against humanrights defenders. OMCT and FIDH are both members of ProtectDefenders.eu, the European Union Human Rights DefendersMechanism implemented by international civil society

[1] The organisation aims to determine the fate andwhereabouts of "disappeared" family members. Mr. Metwally Hegazybecame an active human rights defender working on the issue of enforceddisappearances after the disappearance of his son Amr Ibrahim Metwally,who was forcibly disappeared on July8, 2013 and is still missing. Mr. Ibrahim Metwally Hegazy reportedlyalso provided legal advice to Giulio Regeni’s family. Giulio Regeni was anItalian graduate who was abducted and tortured to death in Egypt. See OMCTPress Release, “A year after Regeni’s death, still no justice or stepsto end torture in Egypt”,issued on January 25, 2017.