19 June 2007

Egypt: Working Group Opinion on arbitrary detention of 46 people

Alkarama for Human Rights, 19 June 2007

Over the past two years, Alkarama for Human Rights has been asked to intervene in many hundreds of cases of arbitrary detention concerning Egyptian citizens detained in some cases since 1990 – that is, for more than 17 years – by virtue of the State of Emergency Law and by simple administrative decision.

Many cases have been, and continue to be, submitted by our organisation to the UN human rights protection bodies and in particular to the Working Group on Arbitrary Detention.

The latter, during its 48th session held at Geneva, 7-11 May 2007, has just given its first opinion concerning 46 people detained without trial for 13 to 17 years.  The working group observes that the deprivation of these people’s liberty is arbitrary and confirms that their current detention simply for their opinions constitutes a violation by the Egyptian state of the provisions of the International Covenant on Civil and Political Rights.

The working group therefore officially demands that the government remedy this situation to bring it into conformity with the norms and principles of the Covenant and release them. 

Egypt, which has become part of the Human Rights Council, undertook in its letter announcing its candidacy to collaborate actively in this framework and reinforce the system of special procedures, including the Working Group on Arbitrary Detention, during its three year mandate.

The representative of the permanent mission to the UN proudly presented the Egyptian state as extremely careful to rigorously observe the human rights treaties ratified by his country and expressed its intention of promoting human rights, notably by promising to furnish an objective and credible response to complaints, communications and requests coming from international bodies and to cooperate with them.

Our organisation deplores the fact that in practice, to this day, the Egyptian authorities have constantly flouted the elementary rights of their citizens and refused to cooperate with its human rights protection bodies.  In the particular cases of arbitrary detention submitted to the working group, they did not respond to the questions posed to them.

Alkarama for Human Rights therefore demands that the Egyptian authorities respect their commitments as affirmed in their official letter of intention, and start to express their practical will to cooperate and quickly free all the people detained arbitrarily.

It is clear that through the Universal Periodic Review, a new mechanism stipulated by Resolution 60/251 of the UN General Assembly, which established the Human Rights Council, the member states will be judged according to the extent of their respect in practice for human rights treaties and their real cooperation with protection bodies such as the special procedures, and not on the basis of their declarations of intention.

In the case that concerns us, the most basic rights of the 46 people whose names are given below have been seriously violated.  Arrested between 1990 and 1994 and detained through an administrative decision invoking the State of Emergency Law, they have currently been imprisoned in various penitentiary establishments in Egypt for 13 to 17 years.

These people were arrested without any judicial warrant and without legally informing them of the cause of their arrest.  They were all detained in secret for long periods extending, depending on the case, from one to three months.  All of them, without exception, were tortured by the general intelligence services during their secret detention.

Only after this secret detention were they notified verbally of a judgement of administrative detention by the Ministry of the Interior, without ever appearing before any jurisdiction.

The intelligence services’ interrogations of the detainees always centred on their political opinions, their real or supposed sympathy with the Islamist movement, or the fact that they had publicly criticised the government. 

They were, however, never legally or formally charged for these reasons; no act of violence was laid at their feet, because if it had been, they would inevitably have been brought before the military tribunals as is normal in Egypt.

All of them have at various moments in their detention made demands to be set free before the competent judicial bodies, which in the absence of legal proceedings have consistently found these demands justified and decreed their liberation.

Following each decision to free them, the Ministry of the Interior administration has issued orders to keep them detained, rendering the recourse provided by the State of Emergency Law totally illusory and ineffective.

In light of these facts, Alkarama for Human Rights had asked the Working Group on Arbitrary Detention to observe the arbitrary character of the detention of these people and order the Egyptian government to abide by its international agreements on the protection of human rights and free them. 

It is with justification that the Working Group on Arbitrary Detention has recognised the justice of our organisation’s request in observing that the deprivation of these people’s liberty is arbitrary and constitutes a violation of the provisions of the International Covenant on Civil and Political Rights.  In consequence, the Working Group demanded that the Egyptian government remedy this situation and conform to the norms and principles of the Pact.

Broader context:

Following the assassination of President Anwar Sadat, a State of Emergency was put in place on 6 October 1981.  Since then, it has become permanent and has been regularly renewed, most recently again for the three years following 6 April 2006.

Article 148 of the Constitution provides for a State of Emergency to be decreed by the Head of State “a state of emergency may be declared whenever security or public order are threatened in the Republic's territories or parts of it, whether through a war, conditions that threaten with war, internal unrest, natural disasters or an epidemic.” (Art. 1 of Law No. 162, 1958).

To justify the state of emergency, the Egyptian government has regularly affirmed the need to “preserve democracy and fight terrorism.”  The consequences of the state of emergency have been noted by all local and international human rights NGOs.

In fact, since its promulgation, thousands of people have been, and continue to be, tortured and detained arbitrarily for many years for political reasons despite the fact that Egypt ratified the International Covenant on Civil and Political Rights on 14 January 1982, and the Convention against Torture on 25 June 1986.

On the occasion of the committee’s examination of Egypt’s third and fourth periodical reports, presented seven years late as a single report, it expressed concern that the state of emergency proclaimed in Egypt in 1981 has remained in force since that date, adding that the state party should consider re-examining the need for its continuation.

Noting the persistence of cases of arbitrary detention, the Committee had told Egypt to put its legislation and its practice in regard to custody and pre-trial detention in conformity with the relevant provisions of the International Covenant on Civil and Political Rights.

The Committee also noted the persistence of detention conditions incompatible with article 10 of the Covenant and regretted the obstacles to visits by conventional and non-conventional human rights bodies instituted through the UN, and of non-governmental human rights organisations.

Despite these recommendations and human rights NGOs’ many calls on the Egyptian authorities to put an end to the abuses committed, the situation of many thousands of political detainees continues to get worse.

List of people detained arbitrarily:

1-Ahmed Ali Mohamed Moutawala, aged 23 at the time of his arrest, artist, resident at Kufr Al Mansoura, Al Mania, arrested on 21 August 1990, currently detained at the prison at Al Fayoum.

2- Issam Abdelhamid Diab, aged 22 at the time of his arrest, student at the University of Cairo, resident at Cairo, arrested on 29 September 1990, currently detained at the prison at Limane Abou Zaabel.

3-Walid Ahmed Mohamed Salama, aged 24 at the time of his arrest, unemployed, resident at Bulaq Al Dakrour, Gizeh, arrested on 2 March 1991, currently detained at the high security prison at Abou Zaabel.

4-Salama Abdelfodil Ahmed, born 7 February 1971, student, resident at the Industrial City, Shubra-El-Khema, Al Qalubia, arrested on 15 May 1991, currently detained at the high security prison at Abou Zaabel.

5- Ahmed Fakhri Farag, born 06 December 1965, accountant, resident at Boulaq Al Dakrour, Gizeh, Cairo, arrested on 17 May 1991, currently detained at the high security prison at Abou Zaabel.

6- Suleiman Al Abd Abubekr, aged 24 at the time of his arrest, student at the University of Cairo, resident at Imbaba, Gizeh, arrested on 29 September 1991, currently detained at the high security prison at Abou Zaabel.

7-Tah Khalifa Tah, aged 23 at the time of his arrest, student at the University of Cairo, resident at Cairo, arrested on 1st February 1992, currently detained at the high security prison at Abou Zaabel.

8-Taha Mansour Mohamed Hilmi, aged 29 at the time of his arrest, independent worker, resident at Chebra Misr, Cairo, arrested on 25 June 1992, currently detained at the high security prison at Abou Zaabel.

9-Saleh Ibrahim Ali Abdelghaffar, aged 26 at the time of his arrest, carpenter, resident at Seif Eddine, Al Zarqa, Damiette, arrested on 26 July 1992, currently detained at the high security prison at Abou Zaabel.

10-Esseyad Fathi Al Chahri, aged 26 at the time of his arrest, student, resident at Cairo, arrested on 28 November 1992, currently detained at the high security prison at Abou Zaabel.

11- Chaabane Slimane Saad, aged 30 at the time of his arrest, employed, resident at Qariat Massara, Dirout, Assiout, arrested on 7 November 1992, currently detained at the high security prison at Abou Zaabel.

12- Alaa Eddine Abderrahim Mohamed Hanfa, aged 21 at the time of his arrest, student, resident at Tahta, Sohag, arrested on 30 October 1992, currently detained at the prison at Istiqbal Turah.

13- Aymen Mohamed Abdelmadjid Amer, aged 23 at the time of his arrest, student at the science faculty of Cairo, arrested on 17 August 1992, currently detained at the high security prison at Abou Zaabel.

14-Abdou Mohamed Al Dassouqi Al Dadjene aged 34 at the time of his arrest, restauranteur, resident at Chatt Houria, Damiette, arrested on 1st January 1992, currently detained at the high security prison at Abou Zaabel

15- Abdel Moneim Djamel Eddine Abdel Moneim Mounib, aged 28  at the time of his arrest, journaliste, resident at Abou Obeida Al Djarrah Avenue, Al Haram Fayçal, Gizeh, arrested on 11 November 1992, currently detained at the high security prison at Abou Zaabel.

16-Abdelfettah Kamel Mohamed Chehata, born in 1951, civil servant, resident at Kafr Al Fouqaha, Toukh, Al Qalubia, arrested on 17 March 1992, currently detained at the high security prison at Abou Zaabel.

17-Ahmed Fardj Hussein Mohamed, aged 25 at the time of his arrest, independent worker, resident at Dirout, Assiout, arrested on 23 November 1992, currently detained at the prison at El Oued Al Jadid.

18- Samir Mahmoud Hacène Khamis, aged 36 at the time of his arrest, civil servant, resident at 7 Abdelfettah Azeb Tura Avenue, Bulaq, Al Gizeh, arrested on 10 November 1993, currently detained at the high security prison at Abou Zaabel

19- Ahmed Ali Mohamed Abdurrahim, aged 26 at the time of his arrest, student, resident at Al Qussia, Assiout, arrested on 12 October 1993, currently detained at the prison at El Oued Al Jadid.

20- Samida Barakat Samida, aged 26 at the time of his arrest, student, resident at Cairo, arrested on 13 September 1993, currently detained at the high security prison at Abou Zaabel.

21- Salah Abdulaziz Al Aydi, aged 34 at the time of his arrest, accountant, resident at Mit Nama, Chabra Al Khaima, Al Qalubia, arrested on 30 November 1993, currently detained at the high security prison at Oued Al Natroune.

22- Samir Mohamed Abdel Moneim, aged 24 at the time of his arrest, artist, resident at Nadj Al Aarj , Al Brahma, Qafr Kanaa, arrested on 22 December 1993, currently detained at the prison at Oued Al Djadid.

23- Asseyed Mohamed Draz, aged 32 at the time of his arrest, independent worker, resident at Kafr Al Shaikh, arrested on 05 March 1993, currently detained at the high security prison at Abou Zaabel.

24- Oussama Farouk Aouis Ramadan, aged 23 at the time of his arrest, student, resident at Cairo, arrested on 09 October 1993, currently detained at the high security prison at Abou Zaabel

25- Maslahi Hamdi Hidjazi, aged 20 at the time of his arrest, unemployed, resident at Hadaiq Al Quba, Cairo, arrested on 20 March 1993, currently detained at the high security prison at Abou Zaabel

26- Mamdouh Mohamed Fakhri Al Semmane, aged 20 at the time of his arrest, student, resident at Qana, arrested on 27 February 1993, currently detained at the prison at de Oued Al Djadid.

27- Khaled Ahmed Hussein Abdel Ouareth, aged 23 at the time of his arrest, student, resident at Qana , arrested on 05 February 1993, currently detained at the prison at Istiqbal Turah.

28-Khaled Abdesadek Mustapha Al Hamaki, born 1st October 1966, engineer, resident at 56, Avenue Al Jamaa, Al Saada, Chebra Al Khaima, Al Qalubia, arrested on 07 October 1993, currently detained at the high security prison at Abou Zaabel.

29- Iffat Ibrahim Salah Hamoudine, aged 34 at the time of his arrest, engineer, resident at quartier Industriel Atlas,Zone J Appartement 6, Halouane, Cairo, arrested on 07 March 1993, currently detained at the high security prison at Abou Zaabel.

30- Hamdi Amine Ismail Abdullah, aged 23 at the time of his arrest, student, resident at Cairo, arrested on 16 February 1993, currently detained at the prison at de Al Fayoum

31-Tarek Naim Ryad, aged 25 at the time of his arrest, student, resident at Centre vétérinaire, Beni Souif, arrested on 14 October1993, currently detained at the centre for state security intelligence at Beni Souif.

32- Ismail Fathi Esseyed Al Chahri, aged 24 at the time of his arrest, student, resident at Cairo, arrested on 15 January 1993, currently detained at the high security prison at Abou Zaabel.

33- Saleh Abdelmalek Ali Ibrahim, aged 34 at the time of his arrest, schoolteacher, resident at  Arb Abou Karim, Dirout, Assiout, arrested on 06 August 1994, currently detained at the prison at Wadi Al Jadid

34- Salama Abdelfodil Ahmed, born 07 February 1971, student, resident at Industrial City, Chabra al Khaima, Al Qaliubia, arrested on 12 June 1994, currently detained at the high security prison at Abou Zaabel

35- Mohamed Mouawad Abdurahmane Mouawad, aged 25 at the time of his arrest, student of medicine, resident at al Taouail, Sakalta, Sohag, arrested on 15 June 1994, currently detained at the high security prison at Istiqbal Turah.

36- Sabra Salama Moussa, agé de 32 at the time of his arrest, herbalist, resident at Bijam, Chabra Al Khaima, Al Qalubia, arrested on 1st February 1994, currently detained at the prison at Damenhour.

37- Mohamed Lotfi Abdulaziz Abdurahim, born 08 August 1977, student. Resident at Dirout, Assiout, arrested on 1st January 1994, currently detained at the prison at de Oued Al Jadid.

38-Mohamed Abderrahim Al Charqaoui, born 04 June 1950, electronics engineer, resident at 5 avenue Bourassa, Al Taoufiqiya, Cairo, arrested on 28 July 1994, currently detained at the high security prison at Istiqbal Tura.

39-Khaled Khelf Abd Almoutajalla, aged 28 at the time of his arrest, student, resident at Qariat Tassa, Sahel Selim, Assiout, arrested on 20 May 1994, currently detained at the prison at Oued Al Jadid.

40- Khelf Djaber Hamada Djaber, born 5 July 1971, student, resident at Farchout Qana, arrested on 11 May 1994, currently detained at the prison at Oued Al Jadid.

41- Misser Azb Abdelghani Athmane, aged 23 at the time of his arrest, lawyer, resident at Nadj Hamada, Qana, arrested on 14 August 1994, currently detained at the prison at Al Fayoum.

42-  Hichem Azb Abdelghani, aged 22 at the time of his arrest, student, resident at Meloua, Al Mania, arrested on 18 October 1994, currently detained at the prison at Al Fayoum.

43- Baha'Eddine Khalf Ali Abderrahim, aged 24 at the time of his arrest, student, resident at Al Djabbar, Tama, Sohag, arrested on 15 April 1994, currently detained at the prison at Oued Al Jadid.

44- Attef Mohamed Ahmed Abdellah, aged 25 at the time of his arrest, student, resident at Al Aqqal Al Bahri, Assiout, arrested on 19 March 1994, currently detained at the prison at Oued Al Jadid.

45- Abd El Mouneim Abderrazak Abd El Moula, aged 28 at the time of his arrest, student, resident at Beni Souif, arrested on 1st November 1994, currently detained at the high security prison at Abou Zaabel.

46-Abdelatif Ali Abd Al Al Amar, aged 23 at the time of his arrest, student, resident at Beni Harb, Tahta, Sohag, arrested on 19 March 1994, currently detained at the prison at Oued Al Jadid.

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