Egypt
13.11.15
Urgent Interventions

Release of Mr. Hossam Bahgat

New information

EGY 002 / 1115 / OBS093.1

Release / Judicial harassment

Egypt
November13, 2015

The Observatory for the Protection ofHuman Rights Defenders, a joint programme of the International Federationfor Human Rights (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 beeninformed by reliable sources about the release of Mr. Hossam Bahgat, aprominent advocate for freedom of expression in Egypt, Chair of the Board andfounder of the Egyptian Initiative for Personal Rights (EIPR) and writer forthe online news site Mada Masr. Since 2014, he has published a series ofinvestigative reports on Mada Masr on the increasing powers of Egypt'sarmy, the use of military tribunals against civilians and corruption of thefamily of former Egyptian President, Hosni Mubarak.

According to theinformation received, on November 10, 2015, Mr. Hossam Bahgat was released fromthe Military Intelligence building after signing a statement stating thefollowing: “I will abide by legal and security procedures when publishingmaterial pertaining to the Armed Forces” and asserting that I did notexperience any physical or emotional abuse during my detention at militaryintelligence. At the time of publication of this appeal, it remained unclearwhether charges will be pressed against Mr. Bahgat.

The Observatory recallsthat on November 9, 2015, the prosecution ordered the detention of Mr. HossamBahgat until November 11, 2015, pending investigation in relation to an articlehe wrote for Mada Masr. The detentionfollowed a summons made on November 5, 2015 by the military intelligence to Mr.Hossam Bahgat to his house in Alexandria to report for questioning on November8, 2015. On that date, at around 9 am, Mr. Hossam Bahgat went to the militaryintelligence premises in Nasr City in Cairo. He was neither allowed to take hiscell phone in nor to be accompanied by a lawyer. He was interrogated on hiswriting before being transferred from military intelligence to militaryprosecution. At around 5.30 pm, he was allowed to call for lawyers of his ownchoosing. He was then interrogated by the Military Prosecutor in the presenceof his lawyers. The interrogation focused solely on his writing, in particularan article entitled “A coup busted” published on October 13, 2015 about themilitary trial of 26 military officers who were accused and convicted ofplanning a coup. He was informed that he faced charges of “deliberatelyspreading false information with the purpose of harming public order or publicinterest” (under Article 102 bis of the Criminal Code) and “publishing, withmalicious intent, false news that is likely to disturb public order” (Article188) and was placed in detention overnight in an unknown location. On November9, 2015, the Military Prosecutor ordered his detention until November 11, 2015.

The Observatory welcomes the releaseof Mr. Hossam Bahgat and thanks all theindividuals, institutions, and organisations that intervened in his favour.However, the Observatory deeply regrets that he was arbitrarily detained fortwo days before being released.

Actions requested:

Please write to the authorities of Egyptasking them to:

i. Guarantee in all circumstances the physical and psychological integrityof Mr. Hossam Bahgat as well as all human rights defenders in Egypt;

ii. Put an end to all acts of harassment, including at the judicial level,against Mr. HossamBahgat and all human rights defenders in Egypt;

iii. Comply with all the provisions of the United Nations Declaration onHuman Rights Defenders, in particular with:

- its Article 1,which provides that “everyone has the right, individually and in associationwith others, to promote and to strive for the protection and realization ofhuman rights and fundamental freedoms at the national and internationallevels”;

- its Article6(b) (c), which foresees that “everyone has the right, individually and inassociation with others, to [...] as provided for in human rights and otherapplicable international instruments, freely to publish, impart or disseminateto others views, information and knowledge on all human rights and fundamentalfreedoms; to study, discuss, form and hold opinions on the observance, both inlaw and in practice, of all human rights and fundamental freedoms and, throughthese and other appropriate means, to draw public attention to those matters”;

- its Article12.2, which provides that “the State shall take all necessary measures toensure 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 other arbitrary actionas a consequence of his or her legitimate exercise of the rights referred to inthe present Declaration”;

iv. Ensure in all circumstances respect for human rights and fundamentalfreedoms in accordance with international human rights standards andinternational instruments ratified 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 Egypt in Brussels, 19 avenue del’Uruguay, 1000 Brussels, Belgium, Fax: +32 2 675.58.88; Email: egyptembassy@embassyofegypt.be

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