09 August 2013

Egypt: at least 260 protester deaths – security services must respect right to peaceful protest

Alkarama submits 261 documented protester deaths to UN; recalls criminal liability of decision-makers, including heads of security services and civilian authorities, is engaged in cases of continued excessive use of force.

Alkarama informed the United Nations special procedures of the documented deaths of 152 protesters between 26 and 27 July 2013 this week. Added to the previous 109 extrajudicial executions documented by Alkarama, at least 260 have died at the hands of security forces since the military deposed Mohamed Morsi as president on 3 July. Given recent statements by the Egyptian authorities, Alkarama is concerned that security forces may attempt to forcibly remove protests in opposition to the military overthrow of President Morsi, and calls on them to ensure they respect the right to protest peacefully and the absolute right to life.

On 27 July 2013, at least 140 protesters were killed in Cairo while gathering in opposition to the military overthrow of President Morsi. The same day, at least 12 individuals suffered the same fate in Alexandria. Information about these incidents and those killed, gathered from witnesses and families, including death certificates showing individuals were killed by live ammunition, were provided to the UN's Special Rapporter on Extra-judicial Executions. The letter sought the Special Rapporter's support in ensuring investigations into the events, and prevention of further bloodshed. Alkarama had previously submitted the documented deaths of 109 protesters between 3 and 8 July 2013. This brings the death toll to at least 260 protesters, with many more injured, some of whom may yet succumb to their injuries. We recall that in these cases, the criminal liability of decision-makers, including heads of security services and civilian authorities, would be engaged.

In view of these events, Alkarama is concerned by statements made by the authorities that they will soon seek to disperse protests. Instructions were given on Wednesday 31 July 2013 by the interim cabinet to security forces to "bring an end" to the sit-ins and evacuate Rabaa Al-Adaweya and Al-Nahda squares, which are considered as a "threat to national security". On Thursday 1 August 2013, the Spokesperson of the Interior Ministry called on to leave the sit-ins as police "will take all necessary steps to disperse sit-ins at Rabaa al-Adaweya and at El-Nahda Square", while offering a "safe exit" to those who heeded the call. The most recent statement issued on Wednesday 7 August in the name of the interim president Adli Mansour, stated that diplomatic efforts had failed and that the sit-ins were "nonpeaceful," without offering any evidence of this. Prime Minister Hazem el-Beblawi further stated on public television that the decision to clear the sit-ins was "irreversible," and could begin at any time.

Alkarama recalls that Egypt is obliged to respect the right of all to participate in peaceful assemblies, as set out in the International Covenant on Civil and Political Rights. Any restrictions on demonstrations must be non-arbitrary and avoid discrimination on grounds such as political or religious opinion, and must be both necessary and proportional. Decisions to ban or disperse a demonstration must be open to judicial review.

While complaints have been received by authorities that demonstrations in Cairo are preventing access to buildings around the two gathering points, should assemblies be unlawful but non-violent, law enforcement officials should avoid the use of force.

Deadly clashes between pro-Morsi supporters and residents were reported in Nahda, in Bein al-Sarayat on 2 July and in Manial on 5 July, suburbs of Cairo and Giza. This left more some 20 people dead, after security services failed to intervene.

Media and NGOs reports further indicate that crimes, including torture and abductions may have been committed by individuals present at protests sites. Witnesses have also reported seeing weapons present. In these cases, Alkarama recalls that peaceful demonstrators must be protected by security services, and in the event that violent actions are committed, those responsible are arrested and prosecuted according to nation and international standards. However, security services may not treat entire demonstrations as violent for actions committed by a few participants, but this should not be a reason to justify violent acts or calls for violence, and we strongly urge all parties to ensure protests remain peaceful.

In any case, according to the general provisions set out in the UN's Basic Principles on the Use of Force and Firearms by Law Enforcement Officials adopted in September 1990, the principle of restraint and the minimizing of damage and injury apply, and assistance and medical aid must be provided to all affected, and relatives or close friends informed of their fate and whereabouts.

In the case of violent assemblies, firearms should only be used when other less dangerous means are not practicable, and only to the minimum extent necessary; in self defense, to defend others against death or serious injury, to prevent the perpetration of a serious crime representing a threat to life, or to arrest someone presenting such a danger when they resist and there are no less extreme means available. Commanders and decision-makers should therefore ensure these principles are reiterated to all personnel.

Rather than attempting to disperse peaceful protests, Alkarama urges the Egyptian authorities to focus on crimes committed by individual protesters and finding ways to ensure residents are able to access their homes.

"The stated democratic intentions of the authorities will be judged on how they respect the human rights of all Egyptians. The authorities must know that they will be held accountable in the case of gross human rights violations." said Rachid Mesli, director of Alkarama's legal department. "The right to participate in peaceful protests is a fundamental element of democracy, and must be applied without discrimination as to the political opinions of demonstrators."

For more information

In Arabic: Rachid Mesli, Director, Legal Department – 0041 78 719 31 46, This email address is being protected from spambots. You need JavaScript enabled to view it.

In English: Noemie Crottaz, Human Rights Officer – 0041 79 685 63 81, This email address is being protected from spambots. You need JavaScript enabled to view it.

Egypt - HR Instruments

International Covenant on Civil and Political Rights (ICCPR)

ICCPR: Ratified on 14.01.1982
Optional Protocol: No

State report: Overdue since 01.11.2004 (4th)
Last concluding observations: 28.11.2002

Convention against Torture (CAT)

CAT: Accessed on 25.06.1986
Optional Protocol: No
Art. 20 (Confidential inquiry): Yes
Art. 22 (Individual communications): No

State report: Due on 25.06.2016 (initially due in 2004)
Last concluding observations: 23.12.2002

International Convention for the Protection of all Persons from Enforced Disappearance (CED)

No

Universal Periodic Review (UPR)

Last review: 02.2010 (1st cycle)
Next review: 2014 (2nd cycle)

National Human Rights Institution (NHRI)

National Council for Human Rights (NCHR) – Status A

Last review: 10.2006
Next review: Deferred