Travel ban against Mr. Negad El-Borai, human rights lawyer and Director of United Group

New information
EGY 002 / 0516 /OBS 042.2
Travel ban /Judicial harassment /
Restrictions tofreedom of association
Egypt
January 27, 2017

The Observatory for the Protection of Human Rights Defenders, a partnershipof the World Organisation Against Torture (OMCT) and the FIDH, has received newinformation and requests your urgent intervention in the following situationin Egypt.

New information:

The Observatory has been informed by reliable sources about the travel banissued against Mr. Negad El-Borai, human rights lawyer andDirector of the “United Group – Attorneys-at-law, LegalAdvisors” (United Group)[1].

According to the information received, on January 26, 2017, the airport authorities prevented Mr. Negad El-Boraifrom boarding his flight to Jordan at Cairo International Airport, pursuant to a travel ban issued by an investigating magistrate and theGeneral Prosecutor within the framework of a criminal investigation under caseNo. 173/2011, known as the “foreign funding case against NGOs”.

The Observatorystrongly condemns the increasing use of travel bans against defenders in Egyptin the past few months[2], which clearly aim atrestricting their legitimate human rights activities.

The Observatory would like to recall that Mr. Negad El-Borai is also thesubject of another criminal investigation, together with Judge Hesham Raoufand Judge Assem Abdel Gabar, for drafting and submitting to thePresident an abill to combat torture (see background information).

The Observatory urges the Egyptian authorities to immediatelyand unconditionally lift the travel ban against Mr. Negad El-Borai andput an end to all acts of harassment against him as well as against all otherhuman rights defenders in the country.

Background Information:

In March 2015, the High Judicial Council filed a complaint against Mr.Negad El-Borai for drafting an anti-torture bill, organising a workshop todiscuss it, and advocating before the Egyptian authorities for its adoption.

On May21, 2015, Mr. Negad El-Borai was interrogated by aninvestigative judge in North Giza Court for drafting an anti-torture bill.

On March 3, 2016,Mr. El-Borai was interrogated for the fourth time by an investigative judge fordrafting an anti-torture bill. Subsequently, he was arrested, then released from custody on hisguarantee of residence, and charged with “establishing an unlicensed entitywith the intent of inciting resistancewards to the authorities”, “implementinghuman rights activities without a license”, “deliberately spreading falseinformation with the purpose of harming public order or public interest” and“receiving funds from the National Center for State Courts (NCSC)”.

On April 6, 2016,United Group submitted its draft anti-torture bill to the House ofRepresentatives’ Speaker, calling for its adoption.

On May 17, 2016, Mr.Negad El-Borai was summoned for the fifth time before an investigative judge.

On June 5, 2016,Mr. El-Borai was again called for an investigation session, during which the investigativejudge confronted his testimony with the statement made by the National Securityofficer. The officer stated that Mr. El-Borai had “received funds fromforeign organisations to bring down the State and attract youth to establishpolitical movements in order to turn public opinion against the State usingmethods of “non-violence”. He added that Mr. El-Borai “gives statementsto the media that turn public opinion against the State inside and outside thecountry using the indirect methods of the “minds revolution” that causesits fall.

Moreover, Judge Hesham Raouf, who sits at Cairo’s Appeal Courtand former Justice Minister’s assistant, and Judge AssemAbdel Gabar, have also been targeted for participating in the drafting of theAnti-Torture Bill. On November 12, 2016, Judge Abdulshafy Othman summoned JudgeHesham Raouf for an interrogation regarding the drafting of the Anti-Torture Bill.

Actions requested:

Please write to the authorities of Egypt asking them to:

i. Immediately and unconditionally lift thetravel ban against Mr. Negad El-Borai;

ii. Put an end to all forms of harassment - including at the judicial level- against Judge Hesham Raouf, Negad El-Borai, and Judge Assem Abdel Gabarand in general against all human rights defenders in Egypt, when they only aimat sanctioning their legitimate human rights activities;

iii. Comply with all the provisions of the United Nations Declaration onHuman Rights Defenders, in particular with its Articles 1, 5(b) and 12.2;

iv. Ensure in allcircumstances respect for human rights and fundamental freedoms in accordancewith international human rights standards and international instrumentsratified by Egypt.

Addresses:

· Presidentof 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. Sherif Ismail. Fax: + 2022735 6449 / 27958016. Email: primemin@idsc.gov.eg

· Minister ofthe Interior, Mr. Magdi Abdel-Ghaffar, E-mail: HumanRightsSector@moi.gov.eg,Fax: +202 2579 2031 / 2794 5529

· Minister ofJustice, Mr. Mohamed Hossam Abdel-Rahim, Fax: +202 2795 8103

· Minister ofSocial Solidarity, Ghada Waly, Fax: +202 3337 5390

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

· Mr. MohamedFayeq, 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 inGeneva, Email: mission.egypt@ties.itu.int, Fax: +41 22 738 44 15

· Embassy ofEgypt 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.

***

The Observatory for the Protection of Human Rights Defenders (theObservatory) was created in 1997 by the World Organisation Against Torture(OMCT) and FIDH. The objective of this programme is to intervene to prevent orremedy situations of repression against human rights defenders. FIDH and OMCTare both members of ProtectDefenders.eu, the European Union Human Rights Defenders Mechanismimplemented by international civil society.

[1] The United Group is anEgyptian law firm established 50 years ago, which also works on model legislationto improve the respect of human rights standards.

[2] At least 15 cases have beenreported to the UN Special Rapporteur on the situation of human rightsdefenders. See UN Special Rapporteurs Statement, November 24, 2016: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20924&LangID=E. Seealso the Observatory Urgent Appeals EGY 005 / 1116 / OBS 102 issued on November24, 2016, and EGY 004 / 1116 / OBS 101 issued on November 22, 2016, as well asthe joint statement of the Observatory issued on November 9, 2016.