Brothers Ahmed and Ibrahim had been respectively arrested on 22 February 2014 and 3 January 2015, and prosecuted for having allegedly taken part to “illegal demonstrations” and because of their alleged affiliations to the Muslim Brotherhood – a group that has been the main target of the authorities’ repression since the military coup of July 2013. Additionally, both students reported having been tortured and ill-treated while in detention, testimonies that were never investigated by the public prosecutor, in violation of both the Egyptian law and the United Nation Convention against Torture (UNCAT), to which Egypt is a party since 1986. Ibrahim was released on bail in May 2015, but Ahmed remained detained in Ataka police station with convicted criminals, until their trial.

Informed of their situation by Alkarama, the WGAD adopted Opinion n°53 of 2015 on 4 December 2015, where it recognised that the deprivation of liberty against Ibrahim and Ahmed Shaaban Youssef were arbitrary. Hence, the Working Group requested Egyptian Government “to take the necessary steps to remedy the situation of both minors”. Alkarama however learned that instead of ending the judicial procedures against both brothers, the judicial authorities were still prosecuting them. After the WGAD had issued its opinion however, Suez Misdemeanor Court rendered its ruling on 20 January 2016. While Ahmed was found innocent, Ibrahim received a suspended sentence in absentia of one year in prison and was subsequently re-arrested on 28 January 2016. As per Egyptian law, his retrial was scheduled for 16 April 2016 and he has been released in the meantime.

Found innocent, but not released

As for Ahmed, he was not immediately released after the Court’s decision that found him innocent. In fact, he was transferred to the Homeland Security facility of Suez on 26 January where he stayed four days. There he was interrogated by a State Security prosecutor and then moved to Ataka prison, expecting to have his release papers finalised.

Instead, he remained in detention and was referred to the public prosecution again on 7 February 2016 to be accused in a new case for allegedly “possessing books of Al Qaradawi, photos of Morsi and of Rabaa”. Detained in Ataka police station until his trial, he was sentenced to six months in prison by Suez Misdemeanor Court on 24 February 2016. Still detained in Ataka prison, Ahmed appealed the decision of the Court and his trial should begin on 23 March 2016.

“The continuous judicial harassment of Ahmed and Ibrahim, who we recall are minors, in spite of the WGAD’s opinion asking for their release shows the complete disregard of the Egyptian authorities for international human rights law and mechanisms,” said Rachid Mesli, Alkarama Legal Director. “The international community should play its role and condemn such practices, such as the European Parliament recently did with its resolution on the state of human rights in the country.”

Alkarama calls upon the Egyptian authorities to respect the Working Group on Arbitrary Detention’s Opinion n°53/2015 by ending the prosecution of Ahmed and Ibrahim Shaaban Youssef and granting them their enforceable right to compensation. The authorities should end the systematic practice of arbitrary arrest against real and alleged opponents and release all those who were jailed only for their peacefully expressing their opinions.

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