State Security Emergency Court expected to reach a verdict in the trial of the 32 Nubian human rights defensers

New information

EGY 005 / 1117 / OBS 114.2

Judicial harassment /

Restrictions to freedom of assembly

Egypt
February 21, 2018

TheObservatory for the Protection of Human Rights Defenders, a partnership of FIDHand the World Organisation Against Torture (OMCT), has received new informationand requests your urgent intervention in the following situation in Egypt.

New information:

TheObservatory has been informed by reliable sources about the ongoing judicialharassment of 32 Nubian human rights defenders actively involved in the defenceof minority and Nubian rights in the Aswan governorate, including Messrs. Mohamed Azmy, lawyer and President ofthe General Nubian Union[1], Maysara Abdoun, TrainingCoordinator at Border Center for Support & Consulting (BSC)[2], and Ms. Seham Osman[3].

Accordingto the information, on February 27, 2018, the Aswan Misdemeanour State SecurityEmergency Court is expected to reach a verdict in the trial of Messrs. MohamedAzmy, Maysara Abdoun, Ms. Seham Osman and 29 other Nubian rights activists. The32 Nubian activists will appear before the State Security Emergency Court undercharges of “participating in an unauthorised protest”, “inciting protests” and“disrupting public order” on the basis of the 107/2013 protest law. Ifconvicted, they could face up to five years in prison and fines of EGP 100,000(4,734 Euros approx.), with no possibility of appeal. Under the state ofemergency, a Cabinet decree now allows such citizens exercising their constitutionalright to peaceful assembly and freedom of expression, to be tried by StateSecurity courts whose verdicts are implemented immediately upon signature bythe President of the Republic.

Messrs.Mohamed Azmy, Maysara Abdoun, Ms. Seham Osman and the 29 other Nubian rights activists were arrested anddetained throughout September and November 2017, during peaceful demonstrationsdemanding the rights of the Nubian minority in Egypt to be upheld as well assolidarity demonstrations following the death while in custody of Mr. Gamal Sorour, French-Egyptian residentand prominent Nubian human rights defender (see background information).

TheObservatory expresses its concerns over the reprisals against rights activistsdefending the constitutional Nubian right of return[4], as well as that the exercise of their right to peaceful protest isbeing prosecuted by a State Security Emergency Court.

TheObservatory calls upon the Egyptian authorities to put an end to the judicialharassment of Messrs. Mohamed Azmy, Maysara Abdoun, Ms. SehamOsman and the above-mentioned 29 other Nubian rights defenders.

TheObservatory further urges the Egyptian authorities to ensure that, untilcharges are dropped, all the judicial proceedings are carried out in fullcompliance with their right to a fair trial and due process, as protected underinternational law and to ensure the physical and psychological integrity of all32 Nubian rights defenders.

Background information:

Originallyspread over Southern Egypt and Northern Sudan, the Nubian people were subjectedto forced displacement from their ancestral land as a result of variousgovernment-led projects such as the construction of the Aswan High Dam in the1960s.

Article236 of the 2014 Egyptian Constitution provides for the Nubian right of returnby stating that “the State works on developing and implementing projects tobring back the residents of Nubia to their original areas and develop themwithin 10 years in the manner organised by law”. Since then, Nubian people havebeen demanding for their constitutional right of return to be upheld.

However,in October 2015, President el-Sisi announced a massive land reclamationproject, including Nubian ancestral land[5].Later in October 2016, the Egyptian government put plots of Nubian land up forsale to Egyptian and foreign investors, as well as farmers.

Inresponse, Nubian rights activists organized a series of peaceful activities toprotest the move by the Egyptian government and to demand their right of returnto be upheld, including a caravan driving towards their ancestral land inNovember 2016.

Inearly 2017, Egyptian intelligence in Aswan called in members of the GeneralNubian Union threatening them with closure and asset freeze if Mr. Mohamed Azmywas to remain President.

OnSeptember 3, 2017, on the occasion of Eid al-Adha, Nubian rights defenders helda peaceful demonstration, demanding the return of Nubians to their ancestrallands. On that same day, Messrs. Gamal Sorour, Mohamed Azmy, Maysara Abdountogether with 22 Nubian activists were assaulted by security forces, arrestedand taken into custody to Shallal Central Security forces camp. They werereportedly being held in one cell with several sleeping on the floor.

Mr.Gamal Sorour, who suffered from diabetes, was not given proper access tomedical care during his detention. As a result, on November 5, 2017, he enteredin a diabetic coma and died while in custody. Reportedly, the prisonauthorities did not give him access to his medication for five days prior to hisdeath, allegedly because they could not understand the label on the medication,which was written in French. In addition, prison authorities allegedly did notimmediately transfer Mr. Gamal Sorour to the hospital when he fell into a coma.

Subsequently,other Nubian rights activists were arrested during peaceful solidarity protestscarried out in October and November[6],and eight of them were added to the case.

OnNovember 13, 2017, Messrs. Mohamed Azmy, Maysara Abdoun Ms. SehamOsman and the other 29 Nubian human rights activistswere referred to a Misdemeanour State Security Emergency Court under charges of“participating in an unauthorised protest” and “repeating chants against thestate for the purpose of harming public interest” [7].

OnNovember 15, 2017, the Aswan Misdemeanour State Security Emergency Courtordered the release of Messrs. Mohamed Azmy, Maysara Abdoun, Ms. SehamOsman and 29 other Nubian rights activists, pendingtrial. The Court adjourned the trial to December 12, 2017.

OnDecember 26, 2017, an appeal procedure to have their case tried before aregular procedural Court was rejected.

OnJanuary 30, 2018, all 32 Nubian rights activists appeared before the AswanMisdemeanour State Security Emergency Court, who adjourned the trial to February27, 2018.

Actions requested: