Sentencing of human rights lawyer Ms. Mahienour El-Massry

Newinformation

EGY 006 /1217 / OBS 120.1

Arbitrarydetention /

Judicialharassment /

Sentencing

Egypt
January 10, 2018

The Observatory for theProtection of Human Rights Defenders, a partnership of FIDH and the WorldOrganisation Against Torture (OMCT), has received new information and requestsyour urgent intervention in the following situation in Egypt.

New information:

TheObservatory has been informed by reliable sources about the sentencing of Ms. Mahienour El-Massry, 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 tothe information received, on December 30, 2017, a Court in Alexandria sentencedMs. Mahienour El-Massry to two years’ imprisonment on charges related to protestsheld against the Tiran and Sanafeer land agreement in June 2016[1](see background information), which had resulted in the arrest of 60 activiststhroughout the country[2].

Her appealtrial is due to take place on January 13, 2018. As of issuing this urgent appeal,the latter remains detained at Damanhour prison, where her detention conditionshave been deteriorating. Ms. El-Massry is indeed being held in a cell sharedwith 31 co-detainees, and cannot sleep more than two hours a day, on a 50-cmarea.

TheObservatory deplores the sentencing of Ms. Mahienour El-Massry, her arbitrarydetention as well as her detention conditions, which only aim at sanctioningher human rights activities, in a context of continued repression against herand other human rights defenders in Egypt.

TheObservatory calls upon Egyptian authorities to immediately and unconditionallyrelease Ms. Mahienour El-Massry, to put an end to all forms of harassment,including at the judicial level, against her, and in the meantime to guaranteeher physical and psychological integrity as well as a fair trial in appeal.

Backgroundinformation:

On November18, 2017, the Misdemeanor Montaza Court in Alexandria ordered the detention ofMs. Mahienour El-Massry pending trial, for “participating in an unauthorizedprotest”, “insulting the President” and thuggery.

On December16, 2017, Ms. Mahienour El-Massry’s family went to visit her in Qanater ElKhayereya Women’s Prison in Cairo. There, they were told that she had beendeported to Damanhour prison, which is closer to Alexandria.

Thus, onDecember 17, 2017, Ms. Mahienour El-Massry’s family went to Damanhour prison tovisit her. They reported that Ms. Mahienour El-Massry had been put in a“waiting room” since her transfer. The waiting room was reportedly overcrowdedand Ms. Mahienour El-Massry was prevented from eating, drinking or using thetoilet. In addition, as the decision to transfer her to Damanhour prison wasvery sudden, Ms. Mahienour El-Massry was unable to pack all her needs when sheleft Qanater prison.

TheObservatory recalls that Egyptian authorities have a long history of harassingand detaining Ms. Mahienour El-Massry. Already, inJanuary 2014, she was sentenced to 2 years in jail for exercising her right topeacefully protest against police violence. Her sentence was reduced in appealto six months[3].

Arrestedagain on May 11, 2015, the El Raml Misdemeanour Court of Appeal in Alexandriasentenced her on May 31, 2015, to one year and three months in jail withanother lawyer and eight activists for “assaulting security forces”. Thisrelates to an incident that occurred in March 2013, when they went to Ramlpolice station to provide legal assistance to three activists. From Qanaterwomen’s prison, she started a hunger strike with six other detainees on July28, 2016, to protest against the denial of family visits in prison. Afterserving the 15 month prison sentence, Mahienour El-Massry was released onAugust 13, 2016[4].

Actions requested:

Please writeto the authorities of Egypt asking them to:

i. Guarantee in all circumstances the physical andpsychological integrity of Ms. Mahienour El-Massry;

ii. Immediately and unconditionally release Ms.Mahienour El-Massry and all human rights defenders detained in Egypt;

iii. Put an end to all acts of harassment, including at thejudicial level against Ms. Mahienour El-Massry andall human rights defenders in Egypt;

iv. In the meantime, guarantee the right of a fair trial and adue process of Ms. Mahienour El-Massry;

v. Refrain from further hindering the right to freedom ofassociation, peaceful assembly and expression in Egypt;

vi. 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

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 Republic of Egypt,H.E. Abdel Fattah el-Sisi, Fax: +202 2391 1441
Email: p.spokesman@op.gov.eg, Twitter:@AlsisiOfficial
· Prime Minister, Mr. Sherif Ismail. Fax: +202 2735 6449 / 27958016.

· Minister of the Interior, Mr.Magdi Abdel-Ghaffar, Fax: +202 2579 2031 / 2794 5529

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


· Ministerof Social Solidarity, Ghada Waly, Fax: +202 3337 5390
· Public Prosecutor, Counsellor NabeelSadek, Fax: +202 2577 4716
· Mr. Mohamed Fayeq, President of theNational Council For Human Rights, Fax: + 202 25747497 / 25747670. Email: nchr@nchr.org.eg

· H.E.Mr. Amr Ramadan, Ambassador, Permanent Mission of Egypt to the United Nationsin Geneva, Email: mission.egypt@ties.itu.int, Fax: +41 22 738 44 15

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

Please also write to the diplomatic missions or embassies of Egypt in yourrespective country.

***

Paris-Geneva,January 10, 2018

Kindly informus of any action undertaken quoting the code of this appeal in your reply.

TheObservatory for the Protection of Human Rights Defenders (the Observatory) wascreated in 1997 by FIDH and the World Organisation Against Torture (OMCT). Theobjective of this programme is to intervene to prevent or remedy situations ofrepression against human rights defenders. OMCT and FIDH are both membersof ProtectDefenders.eu, theEuropean Union Human Rights Defenders Mechanism implemented by internationalcivil society.

To contact theObservatory, call the emergency line:

· E-mail: Appeals@fidh-omct.org

· Tel and fax FIDH + 33 1 43 55 2518 / +33 1 43 55 18 80

· Tel and fax OMCT + 41 22 809 49 39 / + 41 22 809 49 29

[1] The Egyptian House ofRepresentatives voted on June 14, 2017, to ratify a maritime agreement thatwould place the islands of Tiran and Sanafeer under Saudi control. In the wakeof the Parliament’s decision, protests erupted throughout several governorates ofthe country. On June 20, 2017, Egypt’s highest constitutional court stopped thetransfer agreement.

[2] See the Observatory’s Urgent Appeals EGY 001 / 0617 /OBS 066 published on June 20, 2017 and EGY 002 / 0617 / OBS 070 published onJune 26, 2017.

[3] See the Observatory’s Urgent Appeal EGY 001 / 0514 /OBS 045.8 published on September 30, 2015.

[4] See the Observatory’s Urgent Appeal EGY 001 / 0514 /OBS 045.9 published on September 8, 2017.