Continuing judicial harassment against Mr. Negad El-Borai

The Observatory for theProtection of Human Rights Defenders, a joint programme of the WorldOrganisation Against Torture (OMCT) and the International Federation for HumanRights (FIDH), requests your urgent intervention in the following situation in Egypt.

Description ofthe situation:

The Observatory has been informed by reliablesources about the continuing judicial harassment against Mr. Negad El-Borai, human rights lawyer and Director of the “UnitedGroup – Attorneys-at-law, Legal Advisors” (United Group)[1].

According to the information received, Mr.Negad El-Borai will be summoned today, May 17, 2016, at 3 pm, for a fifthinvestigation audience[2] for the complaint filed bythe High Judicial Council against him for drafting an anti-torture bill inMarch 2015, organising a workshop to discuss it, and advocating before theEgyptian authorities for its adoption in April 2015[3].

It has to be recalled that Mr. El-Boraialready attended four investigation sessions for this same case, the last oneon March 3, 2016, when he was arrested and subsequently released from custodyon his guarantee of residence, and charged with “establishing an unlicensedentity for the intent of inciting resistance to the authorities”, “implementinghuman rights activities without a license”, “deliberately spreading falseinformation with the purpose of harming public order or public interest” and “receiving funds from the National Center forState Courts (NCSC)”.

The Observatory strongly condemns the ongoingjudicial harassment against Mr. Negad El-Borai for drafting an anti-torturebill, which is particularly striking since the Egyptian government hadcommitted in March 2015 before the 28th session of the UnitedNations Human Rights Council to carry out legislative amendments to help combatthe crime of torture effectively. This is a signal that this kind of civilsociety initiatives are more relevant and necessary than ever.

Furthermore, theObservatory expresses its concern that this is not an isolated case, but it isone of the many in an increasing crackdown targeting human rights defenders and organisationsfighting against torture in Egypt. For instance, since February 2016, theauthorities have attempted several times to close El Nadeem Center for theRehabilitation for Victims of Violence and Torture[4],with the accusation of performing unlicensed work, since some of its activitiesdid not fall within the mandate for which the Center had been licensed,including its anti-torture advocacy activities[5]. This happened inthe aftermath of the international outrage provoked by the kidnapping,torturing and killing of the Italian PhD student Giulio Regeni in Cairo.

It has to be noted that the criminalisationof anti-torture work comes at a time of rising government pressure on humanrights defenders and organisations in Egypt[6],in the context of a dramatic deterioration of the human rights situation in thecountry, marked namely by a serious crackdown on civil society and a notableincrease in cases of torture, deaths in detention and enforced disappearances.

In the light of this worrying situation, theObservatory warns about the ever shrinking space for anti-tortureorganisations and defenders whose work in Egypt is of vital importance, andcalls upon the Egyptian authorities to put an end to any form of harassment tothe work of civil society fighting torture and promoting human rights in the country.

Actions requested:

Please write to theauthorities of Egypt asking them to:

i. Put an end to all formsof harassment – including at the judicial level - against Mr. Negad El-Borai,the United Group, anti-torture organisations, and all human rights defenders inEgypt;

ii. Drop all chargesagainst Mr. Negad El-Borai, as they only aim at sanctioning his legitimatehuman rights activities;

iii. Comply with all theprovisions of the United Nations Declaration on Human Rights Defenders, inparticular with:

- its Article1, which provides that “everyone has the right, individually and inassociation with others, to promote and to strive for the protection andrealization of human rights and fundamental freedoms at the national andinternational levels”;

- its Article5(b): “For the purpose of promoting and protecting human rights and fundamentalfreedoms, everyone has the right, individually and in association with others,at the national and international levels (b) To form, join and participate in non-governmentalorganizations, associations or groups;”

- its Article12.2, which provides that “the State shall take all necessary measuresto ensure the protection by the competent authorities of everyone, individuallyand in association with others, against any violence, threats, retaliation, defacto or de jure adverse discrimination, pressure or any otherarbitrary action as a consequence of his or her legitimate exercise of therights referred to in the present Declaration”;

iv. Ensure inall circumstances respect for human rights and fundamental freedoms inaccordance with international human rights standards and internationalinstruments ratified by Egypt.

Addresses:

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

· Prime Minister, Mr. SherifIsmail, Magles El Shaab Street, Kasr El Aini Street, Cairo, Egypt. Fax: + 2022735 6449 / 27958016. Email: primemin@idsc.gov.eg

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

• Minister of Justice, Judge Hossam Abdel Rehim, Magles El Saeb Street, Wezaret Al Adl, Cairo,Egypt, E-mail: mojeb@idsc.gov.eg, Fax: +202 2795 8103

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

• Mr. Mohamed Fayeq, President of the NationalCouncil For Human Rights, Fax: + 202 25747497 / 25747670. Email: nchr@nchr.org.eg

• H.E. Ms. Wafaa Bassim, Ambassador, PermanentMission of 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 Egypt in Brussels, 19 avenue de l’Uruguay, 1000Brussels, Belgium, Fax: +32 2 675.58.88; Email: embassy.egypt@skynet.be

Please also write to the diplomatic missionsor embassies of Egypt in your respective country.

[1] The United Group isan Egyptian law firm established 50 years ago, which also works on model legislation to improve therespect of human rights standards.

[2] On March 3, 2016, attended his fourth investigation session, see the Observatory Urgent Appeal EGY 003 / 0615 / OBS 049.3 of April 22, 2016.

[3] After the submission, United Group received no response. Despite the ongoingjudicial harassment against its founder, on April 6, 2016 UnitedGroup submitted its draft anti-torture bill to the House of Representatives’Speaker, calling for its adoption.

[4] El Nadeem Center is registered inEgypt since 1993 and has provided hundreds of torture victims with vitalservices including counseling and legal assistance. The Center publishesmonthly reports on allegations of torture, deaths, and medical negligence inpolice custody. Many of the Center’s patients say they have been tortured byEgyptian security forces.

[5] See the Observatory Urgent Appeal EGY 001 / 0216 / OBS 019.2 of April 6, 2016.

[6] For more information about the judicial harassment and restrictions to freedomof association targeting various civil society organisations, by freezing theirassets on the pretext that they received unauthorised foreign funding, as wellas individual human rights defenders, by prosecuting and criminalising them,see the Observatory Joint Press Release of March 23, 2016. See also the joint statement released by three UN Specialrapporteurs of May 9, 2016.