New information

EGY 002 / 0518 / OBS 059.4

Arbitrary detention /

Judicial harassment

Egypt

June 22, 2018

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

New information:

The Observatory has beeninformed by reliable sources about the ongoing arbitrary detention of Ms. Amal Fathy despite an order to release her on bail issued with regardsto one of the two criminal cases pending against her. Ms. Amal Fathy is a woman human rightsdefender known for being vocal against human rights violations, in particular thearbitrary detention of activists in Egypt. She is married to Mr. MohamedLotfy, Executive Director of the Egyptian Commission for Rightsand Freedoms (ECRF) and a former member of the now banned “April 6 YouthMovement”.

According to the information received, on June 21, 2018, the CriminalCourt of South Cairo approved the release on bail of Ms. Amal Fathy within theframework of Case No. 7991 of 2018 upon payment of a 10’000 EGP guarantee (approximately480 EUR), rejecting the Maadi Prosecutor’s appeal against the release orderwhich had been issued on June 19, 2018 by the Helwan Misdemeanour Appeals'Court. Under this case, Ms. Amal Fathy is accused of “broadcasting a videoharming national security”, “posting a video inciting to overthrow the regimeand spreading false rumors”, and “misusing social media”. These charges stemfrom a 12-minute video released on May 9, 2018, on Facebook in which Ms. Amal Fathy criticises the Egyptian Governmentfor failing to protect women against sexual harassment as well as over a generaldeterioration in living conditions in the country.

Ms. Amal Fathy remains nonetheless indetention pending investigation within the framework of Case No. 621 of 2018,under which she is accused of “joining a terrorist group”, “publishing falsenews to disrupt public security and harm national interests” and “using theinternet to call for acts of terrorism” (see background information).

The Observatory stronglycondemns the ongoing arbitrary detention and judicial harassment of Ms. AmalFathy, which seem to merely aim at punishing her for her peaceful andlegitimate human rights activities and those of her husband, Mr. Mohamed Lotfy.Indeed, this is not the first time that ECRF and its members are subjected toharassment, due to their documentation of cases of torture in prisons, enforceddisappearances as well as their legal support in Giulio Regeni’s case. The raidon Mr. Mohamed Lotfy’s house and the arrest of his wife Ms. Amal Fathy actuallytook place one week before the visit of the Italian technical team to reviewvideo footage in connection with the 2016 torture and killing of the Italianresearcher.

The Observatory urges the Egyptianauthorities to release Ms. Amal Fathy immediatelyand unconditionally and to put an end to all forms of harassment against her,including at the judicial level.

Background information:

On May 9, 2018, Ms. AmalFathy posted a 12-minute video on Facebookcriticising the Egyptian Government for its failure to protect women againstsexual harassment as well as over a general deterioration in livingconditions in the country.

The next day, pro-government and State-ownedmedia outlets released articles citing the video, identifying Ms. Amal Fathy asan “April 6 Youth movement” activist, the wife of Mr. Mohamed Lotfy andaccusing her of insulting Egypt and Egyptian institutions. This was followed bya wave of harassment and threats on social media against Ms. Amal Fathy.

On May 11, 2018, at around 2.30 am, Egyptiansecurity forces raided the house of Ms. Amal Fathy and Mr. Mohamed Lotfy inCairo and started searching it. Their mobile phones were seized and they weredenied the right to communicate with a lawyer or their relatives. The twoactivists were brought to Maadi police station, in southern Cairo, along with theirthree-year-old son.

Around three hours later, Mr. Lotfy and hisson were released. The Maadi Prosecutor subsequently placed Ms. Amal Fathyunder preventive detention for 15 days within the framework of Criminal case No. 7991 of2018.

On May 12, 2018, Ms. Amal Fathy was transferred to Qanater women’s prison.

On May 13, 2018, Ms. Amal Fathy was questionedby the High State Security Prosecution about the “April 6 Youth Movement”, ECRF and theactivities of her husband. She was then placed under preventive detention foran additional 15 days in the framework of another case, Criminal case No.621 of 2018.

On May 24, the MaadiProsecutor extended Ms. Amal Fathy’s preventive detention for 15 additionaldays within the framework of Case No. 7991 of 2018, without providing reason.Ms. Fathy appealed the decision. On May 30, 2018, Ms. Fathy’s appeal was rejected.

On June 7, 2018, the Maadi Prosecutor extended for the third time Ms.Amal Fathy’s preventive detention for a further 2-week period, without providing any reason.

Actions requested:

Please write to theauthorities of Egypt asking them to:

i. Guarantee inall circumstances the physical and psychological integrity of Ms. Amal Fathy, Mr. Mohamed Lotfy,their relatives and all human rights defenders in Egypt;

ii. Immediately andunconditionally release Ms. Amal Fathy as her detention is arbitrary as it is merelyaimed at punishing her for her human rights activities as well as those of herhusband;

iii. Put an end to all actsof harassment, including at the judicial level, against Ms. Amal Fathy as well as againstMr. Mohamed Lotfy andall human rightsdefenders in Egypt, and ensure that they are able to carry out theiractivities without hindrance;

iv. 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

v. 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:

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

· Prime Minister, Mr. Mustafa KemalMadbouly Mohamed. Email:pm@cabinet.gov.eg ​​

· Minister of the Interior, Mr. MahmoudTawfik, Email: center@iscmi.gov.eg

· Minister of Justice, Mr. MohamedHossam Abdel-Rahim, Fax: +202 2795 8103 


· Minister of Social Solidarity, Mrs.Ghada Wali, Tel: +202 333 75420

· Public Prosecutor, Counsellor NabeelSadek, Fax: +202 2577 4716

· Head of the Egyptian parliament's Human RightsCommittee, Mr. Alaa Abed, Email: humanrightscomplaints@parliament.gov.eg

· Mr. Mohamed Fayeq, President of theNational 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 United Nations in Geneva, Switzerland, Email:mission.egypt@bluewin.ch

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

Please also write to the diplomatic missions orembassies of Egypt in your respective country.

***

Geneva-Paris, June 22, 2018

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

The Observatory for the Protection of HumanRights Defenders (the Observatory) was created in 1997 by the WorldOrganisation Against Torture (OMCT) and FIDH. The objective of this programmeis to intervene to prevent or remedy situations of repression against humanrights defenders. FIDH and OMCT are both members of ProtectDefenders.eu, the European Union Human Rights DefendersMechanism implemented by international civil society.

To contact the Observatory, call the emergencyline:

· E-mail: Appeals@fidh-omct.org

· Tel and fax OMCT + 4122 809 49 39 / + 41 22 809 49 29

· Tel and fax FIDH + 33 1 43 55 25 18 / +33 1 4355 18 80