29 May 2010

Egypt: Five arrested following peaceful protest

Mohamed Al-Mahdi Mohamed Attia, Atef Mohamed Amer, Osama Mohamed Obeid, Saad Abu Al-Ainain Metwali, Badr Abdelaziz Mahmoud Al-Fallah, were all arrested on 20 April 2010 under orders from the Prosecutor General following a peaceful sit-in protest. They have since been placed in administrative detention, despite a Court decision for their release.

Alkarama sent their cases to the Working Group on Arbitrary Detention on 26 May 2010, requesting its intervention with the Egyptian authorities.

1. Mohamed Al-Mahdi Mohamed Attia, 50, is an engineer from Monufia governorate.

2. Atef Mohamed Amer, 47, is a teacher from Monufia governorate.

3. Osama Mohammed Obeid, 42, is a professor of medicine from Monufia governorate.

4. Saad Abu Al-Ainain Metwali, 58, is an agronomist from Monufia governorate.

5. Badr Abdelaziz Mahmoud Al-Fallah, 54, is an engineer from Monufia governorate.

These five individuals were arrested at their homes by State Security Investigative (SSI) agents who never presented a warrant for their arrest. The arrests were ordered by the Prosecutor General following two peaceful sit-ins that took place at universities in Monufia and Shebeen Al-Kom. The Prosecutor General accused them of being the instigators of the student sit-ins as well as belonging to the Muslim Brotherhood and later decided that they be remanded in custody.

On 28 April 2010, the five prisoners filed an appeal with Shebeen Al-Kom Court, to challenge their unlawful detention. A day later, the court then ordered their release after finding that the accusations made against them were unfounded. Instead of being released, they were transferred by SSI agents to Al-Marg prison, where they are currently detained.

Following their arrest, the arresting officers made a request to the Interior Minister, demanding that the five individuals be held under administrative detention. The Interior Minister then granted the request on 30 April 2010, thus ignoring the previous court order for their release.

Since the initial court order for their release, they have never since been presented before a magistrate in order to extend their detention, nor have they been subject to any legal proceedings.

Without the opportunity to challenge the lawfulness of their detention, these five individual remain arbitrarily detained in violation of both domestic law and the international human rights laws to which Egypt is party.

Morocco - HR Instruments

International Covenant on Civil and Political Rights (ICCPR)

ICCPR: Ratified on 03.05.1979
Optional Protocol: No

Last State report: Overdue since 07.07.2015
Last concluding observations: 01.12.2004

Convention against Torture (CAT)

CAT: Ratified on 21.06.1993
Optional Protocol: Accessed on 24.11.2014
Art. 20 (Confidential inquiry): Yes
Art. 22 (Individual communications): Yes

Last State report: 30.06.2013
Last concluding observations: 21.12.2011

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

CED: Ratified on 14.05.2013
Art. 33 (Inquiry procedure): Yes

State report: Overdue since 14.06.2015
Last concluding observations: N/A

Universal Periodic Review (UPR)

Last review: 05.2012 (2nd cycle)
Next review: -

National Human Rights Institution (NHRI)

Conseil National des Droits de l'Homme (CNDH) – Status A

Last review: 10.2010
Next review: 11.2015