Serious concerns over restrictions to the freedom of movement of judges Hisham Bastawissi and Ashraf El-Baroudi

OPEN LETTER

Attn. Mr. Mohammad Hosni Mubarak
President of the Arab Republic of Egypt

Via fax: +202 390 1998

Re: serious concerns over restrictions to the freedom of movement of judges Hisham Bastawissi and Ashraf El-Baroudi.

Excellency,

The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), as well as the Euro-Mediterranean Human Rights Network (EMHRN) express their deepest concern regarding the prohibition from travelling which has been imposed on Mr. Hisham Bastawissi, vice-president of the Egyptian Court of Cassation, and Mr. Ashraf El-Baroudi, judge at Alexandria Court of Appeal.

Mr. Bastawissi and Mr. El-Baroudi are invited to attend a meeting on the independence of the judiciary in the EuroMed region organised by the EMHRN in Brussels on 9-11 February 2008. This event includes a public seminar to be held at the European Parliament Monday 11 February, where both judges were expected to attend and speak.

In accordance with Egyptian law that does not allow judges to travel abroad without prior authorisation, Mr. Bastawissi submitted a request to the High Judicial Council (HJC). On February 5, 2008, the HJC rejected the request, without giving any reason, making it impossible for him to leave the country. As far as Mr. El Baroudy is concerned, his request was submitted to the judge heading the administration department of the Alexandria Court of Appeal two weeks ago, so far without answer. This situation will probably result in the impossibility for the two judges to travel to Belgium.

We strongly condemn this restriction on Mr. Bastawissi’s and Mr. El-Baroudi’s freedom of movement, which blatantly violates Article 12.2 of the 1966 International Covenant on Civil and Political Rights providing that “Everyone shall be free to leave any country, including his own”. Prohibiting these two judges from attending a meeting on the independence of the judiciary is also a clear violation of their freedom of expression as stated in Principle 8 of the Basic Principles on the Independence of the Judiciary (UN, 1985): “In accordance with the Universal Declaration of Human Rights, members of the judiciary are like other citizens entitled to freedom of expression, belief, association and assembly; provided, however, that in exercising such rights, judges shall always conduct themselves in such a manner as to preserve the dignity of their office and the impartiality and independence of the judiciary”.

We recall that Egyptian human rights defenders and other actors, including members of the judiciary, denouncing the lack of independence of the judiciary have been particularly targeted over the past years. In 2006, two judges, including Mr. Bastawissi, were subject to disciplinary proceedings ‑ resulting for Mr. Bastawissi in a blame - following their call for the independence of the judiciary and their protests against the electoral fraud during 2005 parliamentary elections. We also recall that the European Parliament in its recent resolution on the situation in Egypt of January 17, 2008 stressed “the importance of ensuring and strengthening the independence of the judiciary by amending or repealing all legal provisions that infringe or do not sufficiently guarantee its independence; (…) the need for respect for and protection of the freedoms of association and expression for judges, in accordance with Articles 8 and 9 of the UN Basic Principles on the Independence of the Judiciary”

More generally, we deplore the general climate of hostility towards human rights defenders in Egypt, who are regularly subjected to obstacles to their freedoms of expression, peaceful gathering and association, and confronted to administrative and judicial harassment.

We further recall that according to the United Nations Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, “Everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels” (Article 1). In addition, Article 8.2 of the Declaration guarantees “the right, individually and in association with others, to submit to governmental bodies and agencies and organizations concerned with public affairs criticism and proposals for improving their functioning and to draw attention to any aspect of their work that may hinder or impede the promotion, protection and realization of human rights and fundamental freedoms”.

Accordingly, we call upon the Egyptian authorities to:

• Immediately lift all restrictions on Messrs. Bastawissi’s and El-Baroudi’s freedom of movement in order for them to travel and carry out their mission in Belgium,
• Respect the fundamental freedoms of judges, including their freedom of movement, expression and association;
• put an end to all forms of harassment and restrictions against human rights defenders in Egypt,
• conform with the provisions of the UN Declaration on Human Rights Defenders,
• guarantee in all circumstances the independence of the judiciary and allow the country visit of the United Nations Special Rapporteur on the Independence of Judges and Lawyers in this regard,
• ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Egypt.

In the hope that you will take our submission into consideration,

We remain.

Souhayr BELHASSEN, President of FIDH
Eric SOTTAS, Director of OMCT
Kamel JENDOUBI, President of EMHRN

cc.

• Prime Minister Mr. Ahmed Mahmoud Mohamed Nazif, fax: + 202 735 6449 / 7958016
• Minister of the Interior, General Habib Ibrahim Habib El Adly, fax: +202 579 2031 / 794 5529
• Minister of Justice, Mr. Mamdoh Mohi E-din Mari, fax: +202 795 8103
• National Council For Human Rights, fax: + 202 5747497 / 5747670
• Embassy of Egypt in Brussels, fax: +32 2 675.58.88
• Permanent mission of Egypt to the United Nations in Geneva, fax: +41 22 738 44 15.