4th Revolution Anniversary Marks Alarming Decline of Egypt's Human Rights
4th Revolution Anniversary Marks Alarming Decline of Egypt's Human Rights
4th Revolution Anniversary Marks Alarming Decline of Egypt's Human Rights
On 25 January 2011, Egyptians took to the streets demanding freedom, social justice, and an end to police
abuses. The unprecedented protests resulted in the overthrow of the Mubarak dictatorship and gave hope for
radical changes in terms of respect and promotion of rights and freedoms. However, four years later,
Egyptians' calls for a democratic country seem to have fallen on deaf ears, and the ongoing policies show no
intention on the part of authorities for a true democratic transition. An intensive crackdown on fundamental
freedoms has been observed over the past months, including the denial of freedoms that were gained as a
result of the 2011 revolution, and the right to peaceful protest in particular.
In fact, the human rights situation in Egypt has deteriorated at an exceptional speed. The current political
climate does not permit any form of dissent or criticism of the government, whether by protest, independent
journalism, or even social media postings. Human rights defenders, journalists, and political opponents
continue to be targeted and imprisoned. Independent media outlets continue to be censored. The rights
enshrined in Egypt's 2014 constitution remain ink on paper, and the judicial authorities entrusted to uphold
the rule of law have become the primary arm of state-repression.
Over the past months, the Egyptian judiciary has shown double-standards for justice though the exoneration
of state officials from any culpability in committing human rights violations on the one hand, and through the
sentencing of those who exercise their civil and political rights (including human rights defenders and prodemocracy activists to prison), on the other. Most of the trials result from charges relating to the exercise of
fundamental freedoms, including the freedoms of expression, association, and assembly. Hefty sentences,
such as life imprisonment and the death penalty, have been handed down, in particular against supporters of
the Muslim Brotherhood. These trials are marred by irregularities and violations of due process. The number
of mass death sentences has drastically increased since the summer of 2013. On 2 December, a criminal
court referred the death sentences of 188 people to the Grand Mufti for its review. The verdicts arose from an
August 2013 attack against the Kerdasa police station during the aftermath of the dispersal of the Rab'a and
Nahda sit-ins. A criminal court in Minya sentenced over 1,000 defendants to death between March and April
2014; 221 of them had their death sentences confirmed. 1
Recently adopted counter-terrorism measures infringe upon Egyptians' constitutional rights, as well as run
contrary to Egypt's international legal obligations. For example, following the October 2014 adoption of a
presidential decree expanding the scope of military jurisdiction, the Egyptian judiciary has referred hundreds
of civilians to military courts. Previously, in September 2014, the President passed amendments to the Penal
Code which increased the penalty for receiving foreign funding with the intention to harm national security,
to life imprisonment.
Vulnerable groups, including LGBT persons, have also been increasingly targeted by the regime, and
unparalleled waves of arbitrary arrests and trials have taken place. Charges of practising debauchery have
been used regularly to take LGBT persons to court in flagrant violation of the right to non-discrimination and
privacy. Additionally, and despite measures announced by the government to end violence against women,
few judicial proceedings against persons accused of sexual violence against women have taken place, and
women continue to suffer from an epidemic of sexual violence. The State's efforts to curb these crimes
remain limited and ineffective.
A. Selective standards of justice by the Egyptian judiciary
Prevalent impunity for most serious human rights violations perpetrated by State actors
In June 2012, Hosni Mubarak and former Minister of Interior, Habib al-Adly, were sentenced to life
imprisonment for failing to protect protesters stemming from the January 2011 death of protesters. Six of
Adlys aides were acquitted. The convictions were later overturned by the Court of Cassation, and a retrial
began in 2013. On 29 November 2014, the Cairo Criminal Court dismissed the case against Mubarak on
procedural grounds, and acquitted Adly and his six aides.
According to FIDH member organisation, The Egyptian Initiative for Personal Rights (EIPR), that represented
victims in the proceedings, the original trial was marked by several flaws including inadequate investigations
by the public prosecutor, the court's discounting of victims' lawyers motions to consider new evidence, and
1
FIDH, https://www.fidh.org/International-Federation-for-Human-Rights/north-africa-middle-east/egypt/16403-egypt-ongoing-humanrights-violations-amidst-a-widespread-crackdown
the judges' decision to ignore over a thousand witness accounts as well as audiovisual and other material
evidencing police involvement in the killings2. However, some of these issues were addressed in the retrial,
as the fact-finding report mandated by former Egyptian President Mohamed Morsy was included in the
evidence, as well as testimonies of several high-ranking military and police officers.
Lower ranking officials were mainly spared from any judicial actions. Very few police officers were charged
and tried for the killing of 846 protesters in January 2011; those who were later tried received either
acquittals (most courts cited lack of evidence and arguments of self-defence 3), or were given suspended - or
extremely lenient - sentences. Only two police officers have served time in prison. 4
Impunity for those responsible for the death of some 1,000 protesters during the violent dispersal of the
Rab'aa and Nahda sit-ins in Cairo in August 20135 remains, as there is yet to be any proceeding against any
of the police officers involved. A fact-finding committee was established by former interim President, Adly
Mansour, which was charged with collecting information regarding the dispersal of the sit-ins. It took more
than one year for the committee to report on the events, which ultimately only appeared in the executive
summary of the committees November 2014 report. The report attributes most of the blame on the Muslim
Brotherhood and exonerates the responsibility of the police. The report claims that police used graduated
force and that they were compelled to use lethal force as a result of the use of firearms by some of the
protesters. The report notes that police had taken sufficient steps to minimise casualties and to provide a
safe exit for protesters. The committee only faulted the police for not having efficiently targeted armed
elements in the protest, which therefore increased casualties. However, it blamed protesters for allowing
themselves to be used as human shields. Finally, the report's conclusions contradict many of the findings of
investigations conducted by independent human rights organisations, such as EIPR, which found that
security forces used excessive lethal force, showed a blatant disregard to the right to life, and failed to
provide a safe exit for protesters most of the time. 6
Once again, the Egyptian judicial system has displayed selective standards of justice where police and
military officers remain immune from accountability for serious human rights violations, whilst peaceful
protesters and human rights defenders are given hefty imprisonment sentences on charges relating to
legitimate human rights activities.
Justice as a repressive tool: Legal and judicial crackdown against human rights organisations,
defenders, and activists
The repressive law adopted in November 2013 legally sanctioned the arbitrary detention and judicial
harassment of several human rights defenders and pro-democracy activists. Yara Sallam, transitional justice
officer at EIPR, Sanaa Seif, member of the No Military Trials for Civilians group, and 22 other peaceful
protesters were sentenced to two years imprisonment and two years police surveillance during their appeal
trial on 28 December 2014. They had been sentenced in the first instance on 26 October to three years in
prison, an additional three years of police surveillance, a 10,000 EGP fine (1,000 euros), and reparation for
property damage they had allegedly caused during their alleged participation in a peaceful protest on 21
June 2014 to demand the repeal of the assembly law and the release of those detained for peaceful
protest.7 Blogger and activist Alaa Abdel Fattah, who has faced at least four different judicial proceedings
over the past four years, was arrested again in November 2014. He had just been given a provisional
release in September 2014 relating to the trial against him and 25 individuals for participating in a peaceful
protest in November 2013. They had been sentenced in the first instance to 15 years imprisonment. 8
Another example of the judiciarys participation in repression is the bias demonstrated by presiding judges in
trials against peaceful protesters. In November 2014, during the trial of the Cabinet Clashes case, defence
lawyer Khaled Ali requested the judge to include several documents that showed the assault against the
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EIPR, http://eipr.org/en/pressrelease/2014/11/29/2289
FIDH paper on impunity for police officers for the killing of protesters in January 2011, https://www.fidh.org/International-Federationfor-Human-Rights/north-africa-middle-east/egypt/Egypt-Impunity-Impedes-Democratic
EIPR, http://eipr.org/en/pressrelease/2014/11/29/2289
See joint statement, https://www.fidh.org/International-Federation-for-Human-Rights/north-africa-middle-east/egypt/14369-egyptno-acknowledgment-or-justice-for-mass-protester-killings-set-up-a
For EIPR's full commentary on the fact-finding committee's report, see http://eipr.org/en/pressrelease/2014/12/04/2293
Joint FIDH statement, https://www.fidh.org/International-Federation-for-Human-Rights/north-africa-middle-east/egypt/16718-egypt2-year-jail-sentence-in-appeal-for-yara-sallam-and-other-protesters
FIDH, https://www.fidh.org/International-Federation-for-Human-Rights/north-africa-middle-east/egypt/16495-egypt-continuedarbitrary-detention-and-judicial-harassment-against-mr
protesters was perpetrated by military and security forces. 9 This led to a verbal altercation between the judge
and Ali, who was then referred to the prosecution on charges of insulting the court.
Prominent youth activist Ahmed Douma, who is currently serving a three year sentence in prison for his
participation in a protest in November 2013, was sentenced in December 2014 to three years imprisonment
for insulting the judiciary. During a hearing of another case against Douma and 268 other defendants on
charges of attacking the Scientific Institute in Cairo in December 2011, Douma asked the judge if he had a
Facebook account. The judge considered the question to be a contempt for the court and issued the prison
sentence as well as a 10,000 EGP fine. In November 2014, a trade unionist at Cairo airport, Mahmoud
Rihan, was detained on charges of insulting the President through an online post he made on his Facebook
page. He was released a month later after having been acquitted of the charges. 10
Independent human rights organisations, which have already been widely targeted by the government
through defamation campaigns and judicial threats against some of their members, are also experiencing the
increased crackdown after the governments July 2014 announcement of an ultimatum for civil society
organisations to register as associations under the repressive Law No. 84 or face the legal consequences.
This law places severe restrictions on the independence and activities of civil society organisations. Due to
some international pressure, although the deadline has passed, and no prosecution of a civil society
organisation has been reported to date, the ultimatum has not been lifted.
The recent announcement by the government to have a dialogue with civil society organisations on freedom
of association, under the umbrella of the National Council for Human Rights, would at last answer the
repeated calls by independent human rights organisations in this regard 11. This would be a positive
development if an effective, inclusive, and transparent dialogue takes place, and if the current law and the
new draft law on association are discussed through a meaningful process. Concrete measures must also be
discussed, such as an immediate and official withdrawal of the ultimatum, and other guarantees for civil
society organisations to operate without any hindrance from authorities, or threats of dissolution and
prosecution.
These threats against civil society organisations are imminent, particularly in light of the amendments to the
Penal Code passed by President Al-Sisi in September 2014. These amendments include the provision that
receiving foreign funding for the purpose of harming national security is punishable by life imprisonment. 12
Such vague language can be used to target civil society organisations.
Indeed, the issue of foreign funding of civil society organisations has long been at the forefront of the States
campaign against freedom of association. On 5 December 2014, two members of the board of directors of
the Egyptian Democratic Academy (EDA) were banned from leaving Egypt; they later discovered that a travel
ban had been issued as a result of a foreign funding case against EDA and other Egyptian civil society
organisations in 2011.13 Political activist Esraa AbdelFattah, who also worked at EDA, was recently banned
from travelling. She was not given a reason for the ban but, according to media reports, it could have been
related to a foreign funding case. 14 In June 2013, an Egyptian court issued sentences against 43 staff
members of international civil society organisations; 27 defendants who were tried in absentia received five
year sentences; 11 received one year suspended sentences; and 5 were sentenced to two years.
Amidst an unprecedented climate of repression, several civil society organisations have chosen to restrict
their activities. International observers have also been increasingly prevented from entering the country.
International civil society organisations have also been targeted. The latest draft law on associations
prepared by the government includes several restrictive provisions in addition to plans for the creation of a
coordination committee. This committee would be composed of state officials, including representatives of
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The presiding judge Mohamed Nagy Shehata responded by saying: Do you want military and police forces to be beaten up and
not respond?. For more details, see http://www.madamasr.com/news/politics/cabinet-clashes-judge-refers-lawyer-khaled-aliprosecution
http://ecesr.org/?p=769118
Joint statement by FIDH leagues and partners: http://www.cihrs.org/?p=10091&lang=en
The unofficial translation of the amendment: an individual requesting or receiving transferred or liquid money or arms or equipment
from a foreign country or a foreign or local private organization, with the aim of pursuing acts harmful to national interests or
destabilizing to general peace or the countrys independence and its unity, shall be penalized with a life sentence and a fine of no
less than LE500,000.....Anyone who mediates the execution of the crimes mentioned above whether it was a request, or
acceptance, or an offer, or mediation through writing (print or electronic) shall face the same charges...if the act is committed by a
public servant, then the death penalty can be prescribed .
http://egyda.org/announcement-about-travel-pan-of-eda-chairman-and-his-deputy/
http://www.cihrs.org/?p=10572&lang=en
the Ministry of Interior and National Security. It would be given broad discretion to oversee a de facto
authorisation procedure for the establishment of international organisations. 15
B. Human rights violations in the name of security
Expansion of use of military trials against civilians
Since the adoption of a presidential decree in October 2014, all public and vital facilities fall under the
jurisdiction of the military for two years and at least 820 civilians have been referred to military trials. The
vague language of the decree has further paved the way for an increase in military trials for civilians, which
had already been excessively recorded since January 2011. In some instances, civilian prosecutors have
used the decree retroactively and referred cases already processed before civilian courts to military courts.
On 15 December, 310 defendants, including Muslim Brotherhood leaders, were referred by general
prosecutors to a military court on charges of burning the Ismailia Court in August 2013. Another 40
defendants were also referred by prosecutors to Ismailia military court. Some of these defendants have been
freed on bail by the civilian court; however, they face re-arrest at any time. 16 On 29 December, prosecutors
referred 15 students in Al-Zagazig to military trials on charges that included inciting violence. 17 According to
media reports, in early January 2015,prosecutors from Al-Dakhahilya referred seven students from Al
Mansoura university to military courts on charges relating to a protest on October 28 inside the university. 18
Military trials are not exclusively reserved for political cases. According to media reports, on 8 November,
eight street vendors were referred to military court for selling army clothes in Cairo.
On 27 December, the Cairo Administrative Court issued a decree cancelling all previous verdicts issued
against police officers who were tried before military courts, citing the verdict of the Supreme Constitution
Court that found military trials for police officers to be unconstitutional. However, the constant demand by civil
society groups to cancel military verdicts issued against civilians since 2011 have been completely
disregarded.
Anti-terrorism measures further restricting fundamental freedoms
Egypt has witnessed a series of terrorist attacks since the removal of former president Mohamed Morsi in
August 2013. In addition to a generalised news blackout, and the difficulty for civil society and independent
monitors to assess the human rights and humanitarian consequences of the anti-terrorism campaigns led by
the Egyptian government in the Sinai in particular, the fight against terrorism has also prompted a series of
decrees and other measures that curtail public freedoms.
In November 2014, the Cabinet of Ministers approved a draft law on terrorist entities. If adopted by the
President, several measures of the law would conflict with constitutional rights as well as Egypt's
international human rights obligations. The Cairo Institute for Human Rights Studies (CIHRS), FIDH's
member organisation, has highlighted key concerns with regard to the draft law 19, including the vague
definition of terrorist entities which is described as entities individuals (...) society(...) which harm national
unity( ) infringe public order(...). In the current context, such nebulous terms could be used to target any
entity, including civil society organisations, as well as any political opponents. The provision that imposes
arbitrary penalties for any entity that advocates by any means the suspension of a law, or a provision of the
constitution or regulations, is also of particular concern. This provision could thus include advocacy activities
of human rights organisations who repeatedly call for the suspension of restrictive laws, including, for
example the current assembly law. Further, the draft law does not require the proof of commission of a crime
in order to designate an entity as a terrorist; a charge by the prosecution is sufficient, after which a
provisional order for inclusion could be issued by the competent court circuit. The designation then consists
of a series of sanctions and penalties which remain in force for a maximum period of three years pending a
final verdict issued by the relevant court whether to uphold or annul the designation.
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For more information on the restrictive draft law on associations, see FIDH joint statement: https://www.fidh.org/InternationalFederation-for-Human-Rights/north-africa-middle-east/egypt/15808-egypt-new-measures-to-further-obstruct-ngos-work
For more details on the various referrals of civilians to military trials, see Human Rights Watch,
http://www.hrw.org/news/2014/12/18/egypt-surge-military-trials
AFTE,http://afteegypt.org/academic_freedom/2014/12/30/9000-afteegypt.html
http://www.elwatannews.com/news/details/631937
Read full CIHRS legal commentary on the draft law: http://www.cihrs.org/?p=10301&lang=en
what appeared to be a gay marriage. The convictions were upheld on appeal in December 2014, although
the sentences were reduced to one year imprisonment. On 7 December 2014, police arrested 26 men in a
public bathhouse in the Ramsis area of Cairo after receiving a tip from journalist Mona Iraqi. Iraqi filmed the
arrest and later broadcast the faces of the individuals on her television show. The men were prosecuted on
charges of debauchery. They were all acquitted on 12 January 2015.
Furthermore, according to media reports, two trans-gender women were arrested in December 2014 and
charged with prostitution.26 On January 2015, the media reported the arrest of two men in Alexandria for
promoting homosexuality in return for money. 27
Police campaign and judicial harassment against LGBT persons are flagrant violations of the right to nondiscrimination and the right to privacy.
Continuation of violence against women in the public sphere
Violence against women in the public sphere, including sexual harassment and assault, remains widespread
and continues to go largely unpunished. FIDH and its partner organisations documented over 250 cases of
mass sexual assault and rape committed near Tahrir Square between November 2012 and January 2014
(Egypt: Keeping Women Out sexual violence in the public sphere, FIDH, NWF, Nazra, Uprising, April
201428). To date, none of those responsible for these crimes have been held to account, and mob attacks
have continued. In June 2014, women were attacked during celebrations of the election and inauguration of
President Abdel Fatah al-Sisi. In December 2014, the Prosecutor announced the investigation of two police
officers who were accused of raping a student inside a police van. They were released on bail. In December
2014, the I Saw Harassment initiative reported that a 19 year old student jumped off the Nile bridge in Cairo
and drowned while she was trying to escape from a man who had been sexually harassing her in the street
and threatening to assault her.29
While the government has publicly pledged to take measures to fight violence against women, FIDH has
received many reports of violence, including sexual violence, against women detainees, perpetrated by
security forces and prison staff with complete impunity. Detainees have been beaten, forced to undress,
sexually assaulted, and raped. (See above on violence against male detainees and LGBT persons).
In 2014, the government announced several steps to address the epidemic of sexual violence, including two
amendments to the penal code adopted in June 2014. These amendments finally defined the offence of
sexual harassment. It also established a committee to develop a national strategy to combat violence against
women. However, FIDH's partners have criticised the committee's strategy [which] has a limited vision and
is ineffective, as a result of its limitations and the lack of transparency in regards to the procedures of its
announcement or implementation.30 Although several criminal investigations have recently been opened
crimes of sexual violence, impunity remains the rule rather than the exception. Further comprehensive
measures are required, including wide-ranging legal reforms, to bring laws in line with international
standards. A comprehensive law addressing all forms of violence against women, including domestic
violence, is required, and it should include measures to address the prevention of violence, in addition to the
protection and support of survivors.
Despite the issuance of a law in 2008 criminalising the practice, female genital mutilation (FGM) continues to
be widespread and there have been no successful prosecutions of those responsible. On 6 June 2013, 13year-old Sohair al-Batea died following an FGM procedure after she had an allergic reaction to penicillin. The
doctor and family of al-Batea were charged with manslaughter and committing FGM; however, they were
later acquitted.31
alleged they were subjected to violent beatings and forced haircuts as well as threats of sexual violence.
http://www.madamasr.com/news/2-transgender-women-arrested-prostitution-charges
http://www.youm7.com/story/2015/1/4/%D8%A7%D9%84%D9%82%D8%A8%D8%B6-%D8%B9%D9%84%D9%89%D8%B4%D8%A7%D8%A8%D9%8A%D9%86-%D9%8A%D8%B1%D9%88%D8%AC%D8%A7%D9%86%D9%84%D9%85%D9%85%D8%A7%D8%B1%D8%B3%D8%A9-%D8%A7%D9%84%D8%B4%D8%B0%D9%88%D8%B0%D8%A7%D9%84%D8%AC%D9%86%D8%B3%D9%89%D8%A8%D8%A7%D9%84%D8%A5%D8%B3%D9%83%D9%86%D8%AF%D8%B1%D9%8A%D8%A9/2014047
Available at, http://www.fidh.org/IMG/pdf/egypt_women_final_english.pdf 28
29 http://www.middleeasteye.net/news/teenager-drowns-nile-after-fleeing-sexual-harassment-542901516
30 See Nazra, http://nazra.org/en/2014/12/feminist-groups-and-organizations-collaborate-together-order-present-their-vision-national
31 The doctor who administered the procedure on al-Batea was referred to trial on charges including manslaughter and committing
FGM; the father was also charged with forcing FGM and endangering al-Batea's life. The charge of manslaughter was settled out of
court and on November 20, the court found both men not guilty on the remaining charges. Prosecutors have appealed the court's
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Egyptian authorities are repeating, and even in some instances have increased, the same patterns of human
rights violations committed under Mubarak. The authorities should put an immediate end to these practices
and uphold Egypt's international human rights obligations. The international community also has the
responsibility to remind Egypt of its commitments and to urge the Egyptian authorities to act accordingly. In
this regard, the Egyptian authorities should:
Conduct independent, impartial, and effective investigations into all human rights violations
committed since 2011, including crimes of sexual violence, and ensure that perpetrators are held to
account, and victims are provided with an adequate remedy in accordance with international
standards;
Immediately release Yara Sallam, Sanaa Seif, Alaa Abdel Fattah, and all those detained for
exercising their right to freedom of assembly, and repeal or amend the Assembly Law No. 37 of 2013
in order to bring it in line with international human rights standards;
Immediately withdraw the NGO ultimatum and draft law on association which includes very
restrictive provisions, and hold effective and transparent dialogue with independent human rights
organisations in order to both hear their demands and to ensure a law on association that complies
with international human rights standards and that will allow independent civil societies to continue
their work without any hindrance from authorities, or threats of dissolution and prosecution;
Immediately end the judicial harassment against human rights defenders, peaceful activists, and
political opponents;
Guarantee the independence of the judiciary;
Ensure compliance of the domestic law with international human rights standards and Immediately
withdraw Law No. 136/2014 and put an end to military trials for civilians, as well as cancel all verdicts
issued against civilians by military courts and order immediate retrials before civilian courts;
Immediately cancel all death sentences, and order retrials that guarantee the right to fair trial and
due process; abolish the death penalty for all crimes; and impose an immediate moratorium on death
sentences and executions;
Immediately release all detained journalists and media workers and guarantee the right to freedom
of information and expression in accordance with international standards;
Refrain from adopting the draft law on terrorist entities and ensure that any law adopted includes
anti-terrorism measures that do not infringe upon fundamental freedoms and that comply with
international human rights norms;
Immediately release persons arrested on the grounds of their sexual orientation, drop all charges
against them, and put an end to the harassment campaign against LGBT persons in Egypt;
Investigate, prosecute, and penalise physical and sexual violence committed against detainees;
make public national strategies on fighting violence and discrimination against women, and ensure
effective consultation with womens rights organisations and other civil society groups;
Invite relevant UN human rights mechanisms and procedures in particular, the Special Rapporteur
on Freedom of Assembly, the Special Rapporteur on Torture, the Special Rapporteur on Human
Rights while Countering Terrorism, and the Special Rapporteur on the independence of Judges and
Lawyers.
Allow the visit of the UN Special Rapporteur on Violence against Women, which has been agreed
upon in principle, but has been pending since early 2014.
Ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights, the
Optional Protocol on the Convention against Torture, and the Rome Statute of the International
Criminal Court;
decision, but at time of writing, the appeal verdict has not yet been issued.