Ongoing arbitrary detention of Mr. Omar Mohamed Ali
URGENT APPEAL - THE OBSERVATORY
EGY 001 / 0418 / OBS 043
Arbitrary detention /
Judicial harassment
Egypt
April 10, 2018
The Observatory for theProtection of Human Rights Defenders, a partnership of World OrganisationAgainst Torture (OMCT) and FIDH, requests your urgent intervention in thefollowing situation in Egypt.
Description of the situation:
TheObservatory has been informed by reliable sources about the ongoing arbitrarydetention of Mr. Omar Mohamed Ali, ahuman rights defender and independent journalist.
Accordingto the information received, on March 26, 2018, the Supreme Military Court ofAppeals rejected Mr. Ibrahim Omar’s appeal and confirmed his sentence to 25years in prison, under charges of “joining a terrorist group”and “leaking false military information”.
Mr. Omar Mohamed Ali was arrested on June 1, 2015, in front of the Nile Cityboat in Zamalek, Cairo by three men in civil clothing, and was heldincommunicado for 16 days in the State security building of Lazoughlyand in a military intelligence building in Cairo. During this time, he was subjectedto acts torture in order to force him to memorize two papers which were thenrecorded in a fake confession video. After having signed the investigationpapers while blindfolded and in absence of his lawyer, Mr. Omar Mohamed Ali wassent to Tora prison where he was detained for almost a year without any chargeand where he remains detained to date.
On May 29,2016, Mr. Omar Mohamed Ali was sentenced to 25 years in prison by the West CairoMilitary Court following an unfair trial based on the confessions obtainedunder torture.
InNovember 2017, the UN Working Group on Arbitrary Detention (WGAD) published an opinion[1]in which it considered Mr. Omar Mohamed Ali’s detention to be arbitrary andurging his immediate release and his right to compensation. The opinion assertedthat Mr. Omar Mohamed Ali and other 17 individuals were “charged with‘belonging to a banned group’ after being severely tortured in order to getthem to sign statements incriminating themselves”, in clear breach of articles3, 5, 8, 9, 10, 11 and 19 of the Universal Declaration of Human Rights (UDHR)and of articles 7, 9, 10, 14, 16, 19, 21 and 22 of the International Covenanton Civil and Political Rights (ICCPR).
TheObservatory strongly condemns the arbitrary detention of Mr. Omar Mohamed Ali,which is in breach of international law and represents a reprisal against hispeaceful and legitimate human rights activities. Moreover, the Observatoryexpresses its utmost concerns at the worsening health condition of Mr. OmarMohamed Ali, who is held in an overcrowded and unhygienic cell and has noaccess to medical care.
TheObservatory urges the Egyptian authorities to fully implement the WGAD opinionby immediately and unconditionally releasing Mr. Omar Mohamed Ali and toconduct an immediate, thorough, impartial and transparent investigation intothe allegations of torture of Mr. Omar Mohamed Ali in order to identify allthose responsible, bring them before an independent tribunal, and sanction themas provided by the law. In the meantime, the Observatory calls upon theEgyptian authorities to ensure the physical and psychological integrity of Mr.Omar Mohamed Ali and his right to fair trial.
Actions requested:
Please write to the authorities of Egypt asking them to:
i. Guarantee in allcircumstances the physical and psychological integrity of Mr. Omar Mohamed Ali;
ii. Immediately andunconditionally release Mr. Omar Mohamed Ali as well as all detained humanrights defender in Egypt;
iii. Conduct an immediate,thorough, impartial and transparent investigation into the allegations oftorture of Mr. Omar Mohamed Ali in order to identify all those responsible,bring them before an independent tribunal, and sanction them as provided by thelaw;
iv. Put an end to all actsof harassment, including at the judicial level, against Mr. Omar Mohamed Ali as well as against all human rights defenders in Egypt, and ensurethat they are able to carry out their activities without hindrance;
v. In the meantime,guarantee his right to a fair trial and due process;
vi. Conform with theprovisions of the UN Declaration on Human Rights Defenders, adopted by theGeneral Assembly of the United Nations on December 9, 1998, especially Articles1, 6(c) and 12.2; and
vii. More generally, ensurein all circumstances the respect for human rights and fundamental freedoms inaccordance with the Universal Declaration of Human Rights and withinternational and regional human rights instruments ratified by Egypt.
Addresses:
Presidentof 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. Sherif Ismail. Fax:+ 202 2735 6449 / 27958016.
Ministerof the Interior, Mr. Magdi Abdel-Ghaffar, Fax: +202 2579 2031 / 2794 5529
Ministerof Justice, Mohamed Hossam Abdel-Rahim, Fax: +202 2795 8103
Ministerof Social Solidarity, Ghada Waly, Fax: +202 3337 5390
PublicProsecutor, Counsellor Nabeel Sadek, Fax: +202 2577 4716
Mr.Mohamed Fayeq, President of the National Council For Human Rights, Fax: + 20225747497 / 25747670. Email: nchr@nchr.org.eg
H.E.Mr. Amr Ramadan, Ambassador, Permanent Mission of Egypt to the United Nationsin Geneva, Switzerland, Email: mission.egypt@ties.itu.int, Fax: +41 22 738 4415
Embassyof Egypt in Brussels, Belgium, Fax: +32 2 675.58.88; Email: embassy.egypt@skynet.be
Please also write to the diplomatic missions or embassies of Egypt inyour respective country.
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Geneva-Paris,April 10, 2018
Kindlyinform us of any action undertaken quoting the code of this appeal in your reply.
TheObservatory for the Protection of Human Rights Defenders (the Observatory) wascreated in 1997 by FIDH and the World Organisation Against Torture (OMCT). Theobjective of this programme is to intervene to prevent or remedy situations ofrepression against human rights defenders. FIDH and OMCT are both membersof ProtectDefenders.eu,the European Union Human Rights Defenders Mechanism implemented byinternational civil society.
To contactthe Observatory, call the emergency line:
· E-mail: Appeals@fidh-omct.org
· Tel and faxFIDH + 33 1 43 55 25 18 / +33 1 43 55 18 80
· Tel and fax OMCT + 41 22 809 49 39 / + 41 22 809 49 29
[1] http://www.ohchr.org/Documents/Issues/Detention/Opinions/Session80/A_HRC_WGAD_2017_78.pdf @font-face { font-family: "Arial";}@font-face { font-family: "Cambria Math";}@font-face { font-family: "MS Mincho";}p.MsoNormal, li.MsoNormal, div.MsoNormal { margin: 0cm 0cm 0.0001pt; font-size: 10pt; font-family: "Times New Roman"; }p.MsoFootnoteText, li.MsoFootnoteText, div.MsoFootnoteText { margin: 0cm 0cm 0.0001pt 14.15pt; text-indent: -14.15pt; font-size: 10pt; font-family: "Times New Roman"; }p.MsoHeader, li.MsoHeader, div.MsoHeader { margin: 0cm 0cm 0.0001pt; font-size: 10pt; font-family: "Times New Roman"; }p.MsoFooter, li.MsoFooter, div.MsoFooter { margin: 0cm 0cm 0.0001pt; font-size: 10pt; font-family: "Times New Roman"; }span.MsoFootnoteReference { vertical-align: super; }a:visited, span.MsoHyperlinkFollowed { color: purple; text-decoration: underline; }span.apple-converted-space { }span.WW-LienInternet { }span.PieddepageCar { }span.En-tteCar { }span.NotedebasdepageCar { }span.ww-lieninternet0 { }span.lienhypertexte1 { }span.msoIns { text-decoration: underline; color: teal; }.MsoChpDefault { font-size: 10pt; }div.WordSection1 { }ol { margin-bottom: 0cm; }ul { margin-bottom: 0cm; }