19 March 2008

Egypt: arrest and arbitrary detention of Khaled Hamza, human rights defender

Alkarama for Human Rights, March 19, 2008

Alkarama and the Arab Commission on Human Rights have appealed to the UN Working Group on Arbitrary Detention (WGAD) and the Special Representative for the Defenders of Human Rights to ask them to intervene in the case of Mr. Khaled Hamza.
Mr. Khaled Hamza, born Oct. 28, 1963, resides in Dakahlia. He is a civil engineer and editor in chief of the English information website of the Muslim Brotherhood organization (http://www.ikhwanweb.com).

This information portal has taken an active part in denouncing the hundreds of arbitrary arrests and torture in Egypt, and had been visited during the recent trial of the leaders of the movement before the military court.

Mr. Khaled Hamza was arrested at Naser City (Cairo) on February 20, 2008 at 3 am, while leaving his office a few moments after a meeting with activists of human rights, including the president of the Arab Commission on Human Rights, Mrs. Violette Daguerre. Mrs. Daguerre had travelled to Cairo as an observer in the trial of the leaders of the Muslim Brotherhood movement before the Military Supreme court of Haiksteip.

At the time of his arrest Mr. Khaled Hamza asked if there was a judicial warrant against him and the officers had answered that they "did not need a warrant". He was then forcibly dragged to a police vehicle, handcuffed and blindfolded.

He was taken at the Lazoghli centre of security services, headquarters of the State security where he underwent an interrogation which lasted until 09 o'clock in the morning.

Despite his protestations, he was stripped of his bag containing his personal medicines for his daily medical treatment;  Mr. Khaled Hamza suffers from a serious heart condition (Cardiomegaly).

His office has been subjected to a search: all documents and the 16 computers of his company were confiscated by the police. They contain all data about his company's projects, his customer records as well as all administrative documents about his company.

The police then went to his home, and they also took everything that was there: documents, books, personal electronic devices, computers and so on.

Presented to the public prosecutor of the Tribunal, he was notified of the usual charge of "membership in the Organization of Muslim brothers" and he was notified that he was put under a detention warrant.

He was imprisoned in Tora in a collective cell where more than 50 people were crammed in deplorable sanitary conditions. Among the prisoners there were common criminals who have apparently been instructed by the prison guards to harass Mr. Khaled Hamza.

He unsuccessfully sought medical treatment from the prison's administration as his health had clearly deteriorated in the first days of his detention. On March 09, he was finally evacuated in emergency to the Kasr Al Eni hospital .

Background:

From 14 February to 15 March 2008, 831 senior members or sympathizers of the Muslim Brotherhood Movement were arrested in Egypt in all regions of the country (Cairo, Alexandria, Al Buheira, Al Qalyubia, Al Gharbiya, Kafr Al Sheikh, Assiut, Dakahliya, Bani Suwayf, Al Sharqiya, Damietta, Giza, Al Fayyum etc.). most of those arrested had submitted a candidacy for the municipal elections scheduled for 08 April 2008.

Most of these people were detained without judicial warrant, have been subjected to inhuman and degrading treatment, their homes were searched and their personal property seized and taken away by security staff.

The arrest of Mr. Khaled Hamza comes therefore in this context; it is undeniably linked to his freedom of expression and his quality of defender of human rights and the media role he played on the occasion of the election campaign .

Thus, the deprivation of liberty of Mr. Khaled Hamza is obviously arbitrary. It is contrary to all the relevant international standards set forth in the International Covenant on Civil and Political Rights. We remind that the Egyptian government had promised in its letter of intent on 18 April 2007 to "actively cooperate with the special procedures system and to strengthen it during the period of his term of three years."

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