Continuing arbitrary detention of Mr. Haytham Mohamadein

EGY 003 / 0518 / OBS 069.3

Arbitrarydetention /Judicial harassment

Egypt
December 12, 2019

The Observatory for the Protection of Human Rights Defenders, a jointpartnership of FIDH and the World Organisation Against Torture (OMCT), hasreceived new information and requests your urgent intervention in the followingsituation in Egypt.

New information:

The Observatory has been informed by reliable sources about thecontinuing arbitrary detention of Mr. Haytham Mohamadein, labour rightslawyer at the Egyptian Commission for Rights andFreedoms (ECRF) and a member ofEl-Nadim Centre for the Rehabilitation of Victims of Violence and Torture, anEgyptian NGO dedicated to combating torture and providing medical and legal aidin support of victims of human rights’ abuses.

According to the information received, onNovember 27, 2019 the Cairo Criminal Court decided to give Mr. HaythamMohamadein conditional release under Case No. 741 of 2019. However, after theProsecution appealed the Court’s decision on November 28, 2019, the Courtrevoked its decision and renewed Mr. Mohamadein’s pre-trial detention foranother 45 days. As of publishing this Urgent Appeal, Mr. Mohamadein wouldremain detained in Giza central prison, a Central Security Forces Camp on theCairo-Alexandria desert road.

The Observatory condemns the continuing arbitrary detention and judicialharassment of Mr. Haytham Mohamadein, as his detention seems to be only aimedat punishing him for his legitimate human rights activities.

The Observatory recalls that shortly after Mr. Haytham Mohamadein’s re-arrest, Mr. IbrahimEzz El-Din, another ECRF member, was arrested and went missing for 167 days, until he at lastreappeared at State security prosecution on November 26, 2019[1].

The Observatory calls on the Egyptian authorities to immediately andunconditionally release Mr. Haytham Mohamadein, and to put an end to all acts of harassment,including at the judicial level, against him and all human rights defenders inEgypt.

Background information:

OnMay 18, 2018, members of the police and National Security Agency arrestedMr. Haytham Mohamadein in his home in El-Saff in Giza Governorate. On May19, 2018, the Prosecutor ordered a 15-day detention period pending aninvestigation in Case No. 718 of 2018 oncharges of "aiding a terrorist organisation to achieve its goals" and"calling for illegal protests". On this day, Mr. Mohamadein wastransferred to the Central Security Forces Camp "Kilo 10.5", which islocated on the Cairo-Alexandria desert road. Beginning of June 2018, he wastransferred to Qanater prison.

On October 8, 2018, Giza CriminalCourt, circuit 14, decided to release Mr. Haytham Mohamadein on probationpending trial. This decision was appealed on the same day by the Supreme StateSecurity Prosecution. On October 10, 2018, the Court rejected the prosecution’sappeal and confirmed the order to release Mr. Mohamadein on probation. BetweenOctober 10 and October 29, Mr. Mohamadein was transferred between differentdetention places and his family and lawyers were sometimes unable to reach him,until he was finally released from El-Saff police station, near his home in thesuburbs of Giza, on October 29, 2018.

On May 12, 2019, Mr. Haytham Mohamadein wassummoned to El-Saff police station in Giza in relation to the probationarymeasures issued against him in Case No. 718 of 2018. After presenting himself at the police station, Mr. Mohamadein wentmissing. After initially denying it, on May 13, 2019, El-Saff police officersfinally recognised his detention at the police station but denied his lawyerand family their rights to visit and contact him until May 16.

On May 14, 2019, El-Saff police officerssubmitted a report to the prosecution on Mr. Haytham Mohamadein’s alleged lackof compliance with his probationary measures. Neither Mr. Mohamadein nor hislawyer were given the opportunity to read or answer the report. The office ofthe Prosecutor did not take any decision on the case and returned the report tothe police station, and police officers submitted it again on May 15, 2019.

On May 16, 2019, Mr. Haytham Mohamadein wasbrought before the State Security Prosecution, in relation to Case No. 741 of2019, on allegations of "aiding a terrorist organisation to achieve itsgoals" and “misuseof social media”. Onthe same day, Mr. Mohamadein was transferred to Giza central prison.

Mr. Haytham Mohamadein’s pre-trialdetention in Case No. 741 of 2019 has since then been renewed on a 45-daysbasis by State Security Prosecution.

Actions requested:

Please write to the authorities of Egypt asking them to:

i. Guarantee in all circumstances the physical and psychological well-beingof Mr. Haytham Mohamadein and of all human rights defenders in Egypt;

ii. Immediately and unconditionally release Mr. Haytham Mohamadein as his detention is arbitrary since it only seems toaim at punishing him for his human rights activities;

iii.Put an end to all forms of harassment, including at the judicial level, againstMr. Haytham Mohamadein and all human rights defenders in the country, andensure in all circumstances that they are able to carry out their legitimateactivities without any hindrance or fear of reprisals;

iv. Conform to the provisions of the UN Declaration on Human Rights Defenders,adopted by the General Assembly of the United Nations on December 9, 1998, inparticular with Articles 1, and 12.2;

v.Ensure in all circumstances respect for human rights and fundamental freedomsin accordance with international human rights standards and internationalinstruments to which Egypt is a State party.

Addresses:

· President of the Arab Republic of Egypt, H.E. Abdel Fattah el-Sisi, Fax:+202 2391 1441. Email: p.spokesman@op.gov.eg, Twitter: @AlsisiOfficial

· PrimeMinister, Mr. Mustafa Kemal Madbouly Mohamed. Email:pm@cabinet.gov.eg

· Ministerof the Interior, Mr. Mahmoud Tawfik, Email: center@iscmi.gov.eg

· Ministerof Justice, Mr. Mohamed Hossam Abdel-Rahim, Fax: +202 2795 8103

· PublicProsecutor, Counsellor Nabeel Sadek, Fax: +202 2577 4716

· Headof the Egyptian parliament’s Human Rights Committee, Mr. Alaa Abed, Email:humanrightscomplaints@parliament.gov.eg

· Mr. MohamedFayeq, President of the National Council for Human Rights, Fax: + 202 25747497/ 25747670. Email: nchr@nchr.org.eg

· H.E.Mr. Alaa Youssef, Ambassador, Permanent Mission of Egypt to the UnitedNations in Geneva, Switzerland, Email: mission.egypt@bluewin.ch

· Embassyof Egypt in Brussels, Belgium, Fax: +32 2 675.58.88; Email: embassy.egypt@skynet.be

Pleasealso write to the diplomatic representations of Egypt in your respectivecountries.

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Paris-Geneva, December 12, 2019

Kindly inform us of any action undertakenquoting the code of this appeal in your reply.

The Observatory for theProtection of Human Rights Defenders (the Observatory) was created in 1997 byFIDH and the World Organisation Against Torture (OMCT). The objective of thisprogramme is to prevent or remedy situations of repression against human rightsdefenders. FIDH and OMCT are both members of ProtectDefenders.eu, the European Union Human Rights Defenders Mechanism implemented byinternational civil society.

[1] See Observatory Urgent AppealEGY 002 / 0619 / OBS 050.1, published on November 27,2019.