TheObservatory for the Protection of Human Rights Defenders, a joint programme ofthe International Federation for Human Rights (FIDH) and the World OrganisationAgainst Torture (OMCT), has received new information and requests your urgentintervention in the following situation in Egypt.

Newinformation:

The Observatory has beeninformed by reliable sources about the ongoing harassment of El Nadeem Centerfor the Rehabilitation for Victims of Violence and Torture (“El Nadeem Center”)[1],based in Cairo.

According to theinformation received, in the afternoon of April 5, 2016, the Egyptian Ministryof Health (MoH) sent a delegation to El Nadeem Center to implement theadministrative closure order and close the Center. El Nadeem directors refusedto comply and leave the premises, as the MoH representatives did not presentthe original document of the closure order, as required by law.

The MoH representativesdecided to leave the premises but called the Interior Ministry (MoI) to requestthe intervention of police forces to enforce the order.

On April 6, 2016, El Nadeem Center sent another telegram to the Directorin charge of non-governmental treatment institutions and licences at the MOHstating that the closing team did not have an official order with them, thatthe center was not inspected for any violations and that they had not beeninformed of any violations to correct. The memorandum requested, again, tosuspend the closing order and to form a medical inspection committee to inspectthe clinic for any professional breaches.

At the same time, El Nadeem Center’sstaff was informed via the media that the Azbakeyya district Governorate hadfiled a complaint against them at the Azbakeya police station for not allowingthe closing team to execute the closing order.

The Observatory fearsthat the center might be closed at any time and recalls that El Nadeem Centerhas challenged the order before an administrative court. However, the case hasstill not been heard by the Administrative Court.

The Observatory recallsthat the decision to close El Nadeem Center comes at a time of risinggovernment pressure on independent human rights groups in Egypt, in the contextof a dramatic deterioration of the human rights situation in the country,marked namely by a grave crackdown on civil society and a notable increase incases of torture, deaths in detention and enforced disappearances.

The Observatory urges the Egyptian authorities toimmediately and unconditionally put an end to all acts of harassment against ElNadeem Center and against all human rights organisations in the country, and tocomply with its constitutional obligations (in particular Article 78 andArticle 93 of the 2014 Egyptian Constitution which respectively recognise theright to freedom of association and Egypt’s compliance with international humanrights conventions ratified by Egypt) as well as its international legalobligations (in particular Article 22 of the International Covenant on Civiland Political Rights – ICCPR).

Background information:

On February 17, 2016about 4 p.m. two police officers from the Azbakeyya District authority and onecity employee ordered the employees of El Nadeem Center to leave the center'spremises. The three men delivered an “administrative closure order” signed by the Director of the Health Ministry’s Free Treatment Directorate and addressed tothe head of the Azbakeyya district authority, referring to a violation of Law453/1954[2].The document ordered the closure of the center based on a decision signed onFebruary 8, 2016, “for breaching licenseconditions” (providing no furtherinformation) stamped by the Cairo district on February 15. The implementationof the order was postponed until February 22, 2016.

At the beginningof February, the center was visited by an employee of the Ministry of Health,who came to inspect the center based on an order given by phone from theMinister of Health himself. The minister employee did not have any officialpapers nor an inspection warrant. The employee of the Ministry ordered a copyof the center's license. No breaches of regulations were noted.

On February 21, 2016,Ms. Aida Seif al-Dawla, Director of El Nadeem Center and Dr. SuzanFayad, Founder of El Nadeem Center accompanied by their lawyer Ms. MahaYucef and the head of the Cairo's doctor's syndicate Dr. Sanaa Fuad,held meetings with representatives of the Ministry of Health to discuss aboutthe “administrative closure order” issued against El Nadeem Center on February17, 2016, for allegedly “breaching licence conditions”, without providingfurther information (see background information). On February 20, 2016, El NadeemCenter's lawyer filed an urgent motion to the Administrative Court of FirstInstance to suspend the implementation of the closure order. Meanwhile, theimplementation of the order was postponed until February 22 upon El NadeemCenter's request pending meetings at the MoH.

During the meetings, ElNadeem Center's representatives were informed that the MoH had ordered theclosure of El Nadeem Center for violating its license, referring to the conductof activities which did not fall within the mandate for which El Nadeem Centerhad been licensed. Such activities include the publication of torture reports,which according to the Ministry is not linked with rehabilitation and is not amedical activity, and especially, the publication in January 2016 of a reviewof “2015 in numbers” in the Egyptian newspaper Al-Masry Al-youm,summarizing cases of deaths, torture and medical neglect in detention in 2015as well as cases of extra judicial killings reported in the media. However,during the meetings, no professional or medical breaches were identified withregards to El Nadeem Center's activities.

El Nadeem Center's representatives requested a moratorium and thesuspension of the closure order pending an agreement on ways to disengage theirmedical activities from their human rights advocacy activities. The request wasrejected.

On February 20, 2016, El Nadeem Center challenged the closureorder before the Administrative Court. The complaint included an urgent requestto delay implementation of the closure order until the Court has heard theappeal, but that urgent request was not accepted.

Actions requested:

Pleasewrite to the authorities of Egypt asking them to:

i. Cancelthe order to close El Nadeem Center;

ii. Put anend to all forms of harassment against El Nadeem Center all human rightsorganisations and defenders in Egypt;

iii. Complywith all the provisions of the United Nations Declaration on Human RightsDefenders, in particular with:

-its Article 1, which provides that “everyone has the right, individually and in association withothers, to promote and to strive for the protection and realization of humanrights and fundamental freedoms at the national and international levels”;

-its Article 5(b): “For the purpose ofpromoting and protecting human rights and fundamental freedoms, everyone hasthe right, individually and in association with others, at the national andinternational levels (b) To form, join and participate in non-governmentalorganizations, associations or groups;”

-its Article 12.2, which provides that “the State shall take all necessary measures to ensure theprotection by the competent authorities of everyone, individually and inassociation with others, against any violence, threats, retaliation, defacto or de jure adverse discrimination, pressure or any otherarbitrary action as a consequence of his or her legitimate exercise of therights referred to in the present Declaration”;

iv.Ensure in all circumstances respect for human rights and fundamental freedomsin accordance with international human rights standards and internationalinstruments ratified by Egypt.

Addresses:

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

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

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

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

• Public Prosecutor,Counsellor Nabeel Sadek, Dar al-Qadha al-Ali, Ramses Street, Cairo, Egypt, Fax:+202 2577 4716

• Mr. Mohamed Fayeq,President of the National Council For 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 in Geneva, 49avenue Blanc, 1202 Genève, Switzerland, Email: mission.egypt@ties.itu.int, Fax: +41 22 738 44 15

• Embassy of Egypt in Brussels, 19 avenue de l’Uruguay, 1000 Brussels, Belgium, Fax: +32 2675.58.88; Email: embassy.egypt@skynet.be

Please also write to thediplomatic missions or embassies of Egypt in your respective country.

[1] ElNadeem Center is registered in Egypt since 1993 and has provided hundreds oftorture victims with vital services including counseling and legal assistance.The Center issues monthly summaries of reported instances of torture, deaths,and medical negligence in police custody. Many of the Center’s patients say they have beentortured by Egyptian security forces.

[2] The law453/1954 regulates industrial and commercial shops, however, not clinics. Thelaw states that “no business shop subject to this lawcan be set up or run without the relevant license; no changes or amendment insuch shops may be executed without the approval of entity which issued suchlicense.”