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Home » Egypt » Press Releases » EGY - News » Egypt: The UN recommends the liberation of Abdeldjouad Al-Abadi, arbitrarily detained since 13 years
The facts
Alkarama had sought the intervention of the UN Working Group on Arbitrary Detention with the Egyptian authorities in a communication dated January 28, 2007. The organization described the situation of Mr. Abdeldjouad Mahmoud Ameur AL ABADI, now aged 53 years, detained since his arrest on 06 February 1994, for "daring to express publicly and on several occasions the criticism of the head of state of Egypt, Mr. Hosni Mubarek."
Mr. Al Abadi was employed in the Ajhour AlKubra's power plant. He and his family reisde in Ajhour Al Kubra (Al Qalubia). Mr. Al Abadi was arrested at night at his home by state security agents without a judicial warrant. After being taken to headquarters of Qaluibya, he was detained more than a month in solitary confinement and tortured on numerous occasions.
He had been suspended for long periods in various postures, scourged and subjected to electric shocks on different parts of his body. He was also mentally tortured, deprived of sleep, threatened with death and sexual abuse against members of his family.
He was subsequently detained for more than three years in Abu Zaabel prison without charge and without ever being brought before a judicial authority until March 1997. During his first three years of detention, he filed several requests for bail before the competent court which, having noted the lack of prosecution, ordered his release. Despite these decisions, the Interior Ministry refused to release him.
He was then threatened that "if he persisted in lodging court appeals to demand his release, he would simply be condemned in due form".
Indeed, after more than three years of administrative detention, the authorities put their threats into effect and presented him before a military court which sentenced him to 10 years of rigorous imprisonment on the basis of a grossly unfair trial where none of his fundamental rights had been respected.
During the first years of his detention, he was deprived of family visits and has so far never had access to a lawyer of his choice.
Finally, and although he had served all his prison term in February 2004, the authorities have once again refused to release him on the basis of a new administrative detention.
The Egyptian government has claimed before the Working Group that Mr. Al-Abadi was released in 1994, that he went to Saudi Arabia, where he stayed until 1998 and then that was arrested again on January 30, 1999 for his extremist activities and sentenced to 5 years in prison by a military court before being released on Sept. 24, 2003. Finally, he was, according to Egyptian authorities, arrested again on January 3, 2007.
In fact, Mr. Al-Abadi was never released neither after his arrest in 1994 nor at the end of his sentence on Sept. 24, 2003 as stated by the Egyptian government. It is also common in Egypt that those released by court order are simply taken from the prison to detention centres of the police or the intelligence services before being imprisoned again after the establishment of a new procedure of administrative detention.
Thus, after each decision of release issued by a civil court, Mr. Al Abadi was either taken from prison by the security services on their premises to be brought a few days later in the same jail, or transferred to another prison.
Conclusions of the Working Group on Arbitrary Detention
The Working Group reminded that the Committee on Human Rights recommends avoiding the trial of civilians before military courts which can only be justified by the inability of the civil courts to try the case.
The working group also notes that the claim about the unfairness of the trial of Mr. Al-Abadi, his arrest without judicial warrant, the torture suffered and the prevention from being assisted by a lawyer of his choice have not been refuted by the Egyptian government.
The UN body noted that the Egyptian authorities that attribute to Mr. Al-Abadi extremist ideas and justify his administrative detention by the fact that he would have carried out propaganda activities, failed to specify these acts.
The Working Group recalls the obligation by the State to respect basic legal standards even during a state of emergency. This implies that the decisions of release made by a competent court must be respected by the government.
The UN institution considers that in the case of Mr Al-Abadi the Egyptian government has violated Articles 9 (right to liberty and security) and 14 (right to justice) of the International Covenant on Civil and Political Rights, ratified on January 14, 1982 and concluded that the deprivation of liberty of Mr. Al-Abadi is arbitrary and recommends that the Egyptian release him.
Alkarama had sought the intervention of the UN Working Group on Arbitrary Detention with the Egyptian authorities in a communication dated January 28, 2007. The organization described the situation of Mr. Abdeldjouad Mahmoud Ameur AL ABADI, now aged 53 years, detained since his arrest on 06 February 1994, for "daring to express publicly and on several occasions the criticism of the head of state of Egypt, Mr. Hosni Mubarek."
Mr. Al Abadi was employed in the Ajhour AlKubra's power plant. He and his family reisde in Ajhour Al Kubra (Al Qalubia). Mr. Al Abadi was arrested at night at his home by state security agents without a judicial warrant. After being taken to headquarters of Qaluibya, he was detained more than a month in solitary confinement and tortured on numerous occasions.
He had been suspended for long periods in various postures, scourged and subjected to electric shocks on different parts of his body. He was also mentally tortured, deprived of sleep, threatened with death and sexual abuse against members of his family.
He was subsequently detained for more than three years in Abu Zaabel prison without charge and without ever being brought before a judicial authority until March 1997. During his first three years of detention, he filed several requests for bail before the competent court which, having noted the lack of prosecution, ordered his release. Despite these decisions, the Interior Ministry refused to release him.
He was then threatened that "if he persisted in lodging court appeals to demand his release, he would simply be condemned in due form".
Indeed, after more than three years of administrative detention, the authorities put their threats into effect and presented him before a military court which sentenced him to 10 years of rigorous imprisonment on the basis of a grossly unfair trial where none of his fundamental rights had been respected.
During the first years of his detention, he was deprived of family visits and has so far never had access to a lawyer of his choice.
Finally, and although he had served all his prison term in February 2004, the authorities have once again refused to release him on the basis of a new administrative detention.
The Egyptian government has claimed before the Working Group that Mr. Al-Abadi was released in 1994, that he went to Saudi Arabia, where he stayed until 1998 and then that was arrested again on January 30, 1999 for his extremist activities and sentenced to 5 years in prison by a military court before being released on Sept. 24, 2003. Finally, he was, according to Egyptian authorities, arrested again on January 3, 2007.
In fact, Mr. Al-Abadi was never released neither after his arrest in 1994 nor at the end of his sentence on Sept. 24, 2003 as stated by the Egyptian government. It is also common in Egypt that those released by court order are simply taken from the prison to detention centres of the police or the intelligence services before being imprisoned again after the establishment of a new procedure of administrative detention.
Thus, after each decision of release issued by a civil court, Mr. Al Abadi was either taken from prison by the security services on their premises to be brought a few days later in the same jail, or transferred to another prison.
Conclusions of the Working Group on Arbitrary Detention
The Working Group reminded that the Committee on Human Rights recommends avoiding the trial of civilians before military courts which can only be justified by the inability of the civil courts to try the case.
The working group also notes that the claim about the unfairness of the trial of Mr. Al-Abadi, his arrest without judicial warrant, the torture suffered and the prevention from being assisted by a lawyer of his choice have not been refuted by the Egyptian government.
The UN body noted that the Egyptian authorities that attribute to Mr. Al-Abadi extremist ideas and justify his administrative detention by the fact that he would have carried out propaganda activities, failed to specify these acts.
The Working Group recalls the obligation by the State to respect basic legal standards even during a state of emergency. This implies that the decisions of release made by a competent court must be respected by the government.
The UN institution considers that in the case of Mr Al-Abadi the Egyptian government has violated Articles 9 (right to liberty and security) and 14 (right to justice) of the International Covenant on Civil and Political Rights, ratified on January 14, 1982 and concluded that the deprivation of liberty of Mr. Al-Abadi is arbitrary and recommends that the Egyptian release him.