Hate speech in international law

Asked to react to the recent attacks in the Sinai that killed at least five soldiers and wounded dozens of others, Al Zind stated that "the fire in [his] heart will not be extinguished until for every martyr [soldier], 10,000 extremists from the Muslim Brotherhood and anyone who supports or loves them are killed."

Very characteristic of a hate speech, this kind of statements is strictly forbidden in international human rights law, including in Article 20(2) of the International Covenant on Civil and Political Rights (ICCPR) − ratified by Egypt in January 1982 − which states that "any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law." Thus, not only is the Minister of Justice (and any other member of the government) bound to a duty of confidentiality, but calling for the killing of members of a specific group is in clear violation of Egypt's international obligations.

Concerns with regards to the current situation in Egypt

Moreover, in a context of repeated and generalised human rights violations by the authorities against its citizens and more particularly against the Muslim Brotherhood − a group that has been victim of a violent repression from the police and the army in complete impunity − such declarations can only create an even more hostile climate and further escalate the violations against them and their supporters.

In particular, Alkarama fears that the Minister's statement could incite the police and the army not only to increase their practice of arbitrary arrests, torture and enforced disappearances, but also make themselves responsible of additional extrajudicial killings of citizens, with total impunity. Moreover, his declarations, which also violate his legal duty of independence and impartiality, are likely to have repercussions on the judiciary − while thousands of individuals are still jailed and hundreds have been sentenced to heavy prison sentences or even life following mass unfair trials only because of their political affiliations − as well as on the treatment of detainees − at a time when cases deaths in detention are on the steep rise.

Call to UN Special Procedures on human rights

To avoid a possible escalation of violence in Egypt and ensure that top officials are being held accountable for their public statements, Alkarama sent a letter to various UN Special Procedures − including the Special Rapporteurs on the promotion and protection of human rights while countering terrorism (SR CT), Ben Emmerson, and the Special Rapporteur on the Independence of Judges and Lawyers (SR IJL), Mónica Pinto − to ask them to intervene with the Egyptian authorities to that effect, including by publicly disapproving the Minister of Justice's declarations.

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