Conditional release of human rights lawyer Malek Adly

The Observatory for the Protection of Human Rights Defenders, apartnership of FIDH and the World Organisation Against Torture(OMCT), requests your urgent intervention in the following situation in Egypt.

New information:

The Observatory has been informed by reliable sources about the conditionalrelease of Mr. Malek Adly, a human rights lawyer working for the EgyptianCentre for Economic and Social Rights (ECESR) and co-funder of the Front ofDefence for Egyptian Protesters (FDEP).

According to the information received, on August 27, 2016, the CairoCriminal Court rejected the prosecution’s appeal and confirmed the decision torelease Mr. Malek Adly pending further investigations. The latter was finallyreleased on August 28, 2016 from Shubra Al-Khaimah police station. However, thecharges against Mr. Adly have not been dropped, and the latter can be called totrial at any time.

The Observatory welcomes the release of Malek Adly, and requests thejudicial authorities to drop all the charges against him as they only aim atsanctioning his legitimate human rights activities.

Background information:

On May 5, 2016, Mr. Malek Adly was arrested by the Egyptian security forcesin Maadi, Cairo based on an arrest warrant issued on April 23, 2016. The arrestwarrant related to a call to protest on April 25, 2016, condemning the recentgovernment decision to transfer the sovereignty of two Red Sea islands to SaudiArabia (Tiran and Sanafir) and against President Al Sissi's policies, humanrights abuses and crimes committed by the Egyptian security forces. On April 11,2016, Mr. Malek Adly had also filed a lawsuit against such government’sdecision on the islands.

Mr. Malek Adly was brought to Maadi police station and questioned.During his interrogation, he was beaten, struck with firearms, blindfolded andstripped of his shirt by police officers. He was then transferred to theShubra Al-Khaimah public prosecution, where he was questioned again for fourhours from 3 am to 7 am.

On May 6, 2016, the prosecutor ordered his detention for 15 days,pending investigation on several charges, including of “joining a group toobstruct the law”, “spreading false news”, “plotting to overthrow thegovernment and alter the Egyptian Constitution”, “hindering the official dutiesof government institutions”, “promoting publications that disrupt nationalunity”, “inciting the anti-government protests that took place on April 25” and“using violence and force against national security agency officers”. Thedetention was extended several times until August 25, 2016, when the SouthBenha Criminal Court ordered his release without bail, pending the outcome ofinvestigations.

The prosecution appealed the court's decision and a review session wasset for August 27, 2016. Mr. Malek Adly remained in prison until the finaldecision.

Mr. Malek Adly was detained in a 6x8 foot cell, without lighting orventilation. He was unable to leave except for court sessions or visits withhis wife and lawyers. Mr. Adly had also been denied the right to furnish hiscell with a bed and mattress, deprived of his right to exercise and recreation,barred from visiting the prison library and mosque or receiving readingmaterial. Though Mr. Malek Adly was suffering from high blood pressure andaching joints, he did not have access to medication or a doctor.

Actions requested:

Please write to the authorities of Egypt asking them to:

i. Immediatelydrop all charges against Mr. Malek Adlyas they only aim at sanctioning his legitimate human rights activities and,more generally, put anend to the harassment againsthim andall human rights defenders in Egypt;

ii. Carry out an immediate,thorough, impartial and transparent investigation into the allegations of torture and ill-treatment against Mr.Malek Adly, in order to identify all those responsible, bring them before anindependent tribunal, and sanction them as provided by the law;

iii. Comply with all theprovisions of the United Nations Declaration on Human Rights Defenders, inparticular with its Articles 1, 6(b)(c), and 12.2;

iv. Ensure in allcircumstances respect for human rights and fundamental freedoms in accordancewith international human rights standards and international instrumentsratified by Egypt.

Addresses:

· President of the Arab Republic of Egypt, H.E. AbdelFattah el-Sisi, Abedine Palace, Cairo, Egypt, Fax: +202 23901998

· Prime Minister, Mr. Sherif Ismail, Magles El ShaabStreet, Kasr El Aini Street, Cairo, Egypt. Fax: + 202 2735 6449 / 27958016.Email: primemin@idsc.gov.eg

· Minister of the Interior, General Magdy AbdelGhaffar, Ministry of the Interior, El-Sheikh Rihan Street, Bab al-Louk, Cairo,Egypt, E-mail: moi1@idsc.gov.eg, Fax: +202 2579 2031 / 2794 5529

· Minister of Justice, Mr. Ahmed El Zend, Ministry ofJustice, Magles El Saeb Street, Wezaret Al Adl, Cairo, Egypt, E-mail: mojeb@idsc.gov.eg, Fax: +202 2795 8103

· Public Prosecutor, Counsellor Nabeel Sadek, Daral-Qadha al-Ali, Ramses Street, Cairo, Egypt, Fax: +202 2577 4716

· Mr. Mohamed Fayeq, President of the National CouncilFor Human Rights, Fax: + 202 25747497 / 25747670. Email: nchr@nchr.org.eg

· H.E. Ms. Wafaa Bassim, Ambassador, Permanent Missionof Egypt to the United Nations in Geneva, 49 avenue Blanc, 1202 Genève,Switzerland, Email: mission.egypt@ties.itu.int, Fax: +41 22 738 44 15

· Embassy of Egyptin Brussels, 19 avenue de l’Uruguay, 1000 Brussels, Belgium, Fax: +32 2675.58.88; Email: egyptembassy@embassyofegypt.be

Please also write to the diplomatic missions or embassies of Egypt inyour respective country.

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Paris-Geneva, September 2, 2016

Kindly inform us of any action undertaken quoting the code of thisappeal in your reply.

The Observatory was created in 1997 by FIDH andOMCT. The objective of this programme is to intervene to prevent or remedysituations of repression against human rights defenders. OMCT and FIDH are bothmembers of ProtectDefenders.eu, the European Union Human Rights DefendersMechanism implemented by international civil society.

To contact the Observatory, call the emergency line:

· E-mail: Appeals[at]fidh-omct.org

· Tel and fax FIDH + 33 (0) 1 43 55 2518 / +33 1 43 55 18 80

· Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29