Provisional release of Ms. Malak Al-Kashif

EGY 001 / 0319 / OBS 025.1

Release /

Judicial harassment

Egypt
July 17, 2019

The Observatory for the Protection of Human Rights Defenders, a partnership ofthe World Organisation Against Torture (OMCT) and FIDH, has received moreinformation and requests your urgent intervention in the following situation inEgypt.

Newinformation:

The Observatory has been informed by reliable sources about the releaseof Ms. Malak Al-Kashif, aLGBT+ human rights defender, who was detained since March 6, 2019 for callingfor peaceful protests to denounce how the Ramses Station Accident[1] washandled by the authorities.

According to the information received, on July 15, 2019, the StateSecurity Prosecution ordered the provisional release of Ms. Malak Al-Kashif pending further investigation. Ms.Al-Kashif was effectively released on July 16. At the time of publication ofthis appeal, no information were available on the conditions of her release.

The Observatory recalls that Ms. MalakAl-Kashif was held in solitary confinement in an all-male facility since her arreston March 6, 2019 (see background information).

The Observatory welcomes the release of Ms. Malak Al-Kashif but recalls that sheshould never have been imprisoned, as her detention was arbitrary and merelyaiming at preventing her from carrying out legitimate human rights activities.The Observatory urges the authorities of Egypt to put an end to all acts ofharassment, including at the judicial level, against her and all human rightsdefenders in the country.

Background information:

On March 6, 2019, at dawn, members of the National Security forcesarrested Ms. Malak Al-Kashif from her home in Giza. She was held for three daysin incommunicado detention, until her whereabouts were finally revealed onMarch 10, 2019. It was then revealed that following more than 24 hours ofdetention in an unknown location, on March 7, 2019, Ms. Malak Al-Kashifappeared before the National Security Prosecution, where she was charged with“aiding a terrorist organisation” under Article 12 of the Anti-Terrorism Act 2015 and “misusing social media to commit a crime punishable by law” under Article 27 of the Electronic Crimes PreventionAct of 2018.

On March 7, 2019, the Prosecution ordered that Ms. Malak Al-Kashif be remanded in pre-trial detention, which she spent in solitary confinement atAl-Haram police station in Giza. On March 19, the Prosecution extended herpretrial detention for another 15 days, which she spent in solitary confinementin the El-Zeraa section of Tora Prison. Her pre-trial detention was subsequentlyrenewed on April 2, April 16, May 4, May 19, May 30, June 18, and lastly onJuly 3, 2019.

The Observatory is particularly concerned by the fact that on March 10,2019, Ms. Malak Al-Kashif was subjected to forced anal examination, whichamounts to a form of torture or cruel, inhuman, and degrading treatment[2].Moreover, according to the same information a police officer sexually harassedher on that same day.

Ms. Malak Al-Kashif’s arrest was reportedly related to her callsexpressed on her personal Facebook for peaceful protests in solidarity with thevictims of the Ramses Station Accident and their families. In particular, shehas been asking for those responsible of the accident to be held accountable.

Actions requested:

Please write to the authorities of Egypt asking them to:

i. Guarantee in all circumstances the physical and psychological integrityof Ms. Malak Al-Kashif, and all human rightsdefenders in Egypt;

ii. Put an end to all acts of harassment,including at the judicial level, against Ms. Malak Al-Kashif and all human rights defenders in Egypt, and ensure thatthey are able to carry out their activities without hindrance or fear of reprisals;

iii. Carry out an immediate, thorough, independent andimpartial investigation into the above-mentioned allegations of torture with a view to publishing the results and bringingthose responsible to justice in accordance with international standards;

iv. Conform with the provisions of the UNDeclaration on Human Rights Defenders, adopted by the General Assembly of theUnited Nations on December 9, 1998, especially Articles 1, 6(c) and 12.2; and

v. More generally, ensure in all circumstancesthe respect 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 Republic of Egypt, H.E. Abdel Fattah el-Sisi, Fax:+202 2391 1441. Email: p.spokesman@op.gov.eg, Twitter: @AlsisiOfficial

· PrimeMinister, Mr. Mustafa Kemal Madbouly Mohamed. Email:pm@cabinet.gov.eg

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

· Ministerof Justice, Mr. Mohamed Hossam Abdel-Rahim, Fax: +202 2795 8103

· PublicProsecutor, Counsellor Nabeel Sadek, Fax: +202 2577 4716

· Headof the Egyptian parliament’s Human Rights Committee, Mr. Alaa Abed, Email:humanrightscomplaints@parliament.gov.eg

· Mr. MohamedFayeq, President of the National Council for Human Rights, Fax: + 202 25747497/ 25747670. Email: nchr@nchr.org.eg

· H.E.Mr. Alaa Youssef, Ambassador, Permanent Mission of Egypt to the UnitedNations in Geneva, Switzerland, Email: mission.egypt@bluewin.ch

· Embassyof Egypt in Brussels, Belgium, Fax: +32 2 675.58.88; Email: embassy.egypt@skynet.be

Pleasealso write to the diplomatic representations of Egypt in your respectivecountries.

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Geneva-Paris, July 17, 2019

Kindly inform us of any action undertakenquoting the code of this appeal in your reply.

The Observatory for theProtection of Human Rights Defenders (the Observatory) was created in 1997 bythe World Organisation Against Torture (OMCT) and FIDH. The objective of thisprogramme is to prevent or remedy situations of repression against human rightsdefenders. OMCT and FIDH are both members of ProtectDefenders.eu, the European Union Human Rights Defenders Mechanism implemented byinternational civil society.

[1] During this accident,at least 25 people were killed and 47 injured in a train crash at Cairo’s mainstation.

[2] See UN HumanRights Council, Report of the Special Rapporteur on torture and other cruel,inhuman or degrading treatment or punishment, UN Document A/HRC/31/57,January 5, 2016.