Sentencing to 15 years of prison of Mr. Alaa Abdel Fatah and Mr. Ahmed Abdel Rahman

The Observatory for the Protection ofHuman Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the WorldOrganisation Against Torture (OMCT), has received new information and requestsyour urgent intervention in the following situation in Egypt.

New information:

The Observatory has been informed byreliable sources about the sentencing to 15 years of prison of Mr. AlaaAbdel Fatah, civil and political rights activist, blogger and memberof the “No to Military Trials for Civilians” movement[1], and Mr. Ahmed AbdelRahman[2].

According to the informationreceived, on June 11, 2014, the 16th terrorism circuit of South Cairo CriminalCourt[3] sentenced in absentia Messrs.Alaa Abdel Fatah and Ahmed Abdel Rahman, as well as 23 other individuals, to 15years of prison, a fine of LE 100,000 (approximately EUR 10,420) and five-yearsof police surveillance following their release on charges of “blocking roads”,“assembling illegally”, “protesting without a permit”, “acquiring weaponsduring a protest”, “attacking and injuring a public servant” and “stealing hispersonal wireless device”, in relation to a case connected to a dispersed ShuraCouncil protest of November 26, 2013 (See background information).

At the time of publication of this appeal,Messrs. Alaa Abdel Fatah and Ahmed Abdel Rahman were detained immediately afterthe verdict in the police academy pending their transfer to prison.

The Observatory condemns the sentencingand arbitrary detention of Messrs. Alaa Abdel Fatah and Ahmed Abdel Rahman,which merely aim at curtailing their human rights activities, and calls uponthe Egyptian authorities to release them immediately and unconditionally. TheObservatory also expresses its concern for the increasing criminalisation ofhuman rights defenders in Egypt.

Background information:

On November 26, 2013 at least nine membersof the “No to Military Trials for Civilians” group, including Ms. Mona Seif, co-founder of the “No toMilitary Trials for Civilians” movement, nine journalists and seven lawyerswere arrested by police forces in Cairo, as they were demonstrating. In aneffort to pressure the members of the Constitutional Committee to vote againstArticle 198 of the draft constitution – an article that allowed for civiliantrials before military courts, the “No to Military Trials for Civilians” grouphad called for protests to be held on November 26, ahead of the vote, in frontof the Shura Council (where the committee holds its meetings). Tens ofprotesters joined the call at 4pm on Kasr Al Aini street, however thirtyminutes later, security forces issued a warning to the protesters to immediatelyend their protest, which reportedly remained peaceful. The protesters refusedto leave and security forces opened water canons against them. Security forcesand policemen in plain cloth simultaneously arrested protesters and journalists(the Shura Council protest case).

On November 28, 2013, security operativesraided Mr. Abdel Fatah's residence. Although they produced no search warrant,they searched the premises and carted away computers and telephones. Whenchallenged for not being authorised to conduct a search, they beat Mr. AbdelFatah and his wife up while their two year-old son slept in the next room.Egyptian authorities issued a warrant for Mr. Abdel Fatah's arrest after theyaccused him of incitement and involvement in calls to protest (Shura Councilprotest case). Mr. Abdel Fatah was then placed under pre-trial detention.

On December 9, 2013, Mr. Abdel Fatah and24 other individuals were referred to the Cairo Criminal Court with charges of“blocking roads”, “assembling illegally”, “protesting without a permit”,“acquiring weapons during a protest”, and “attacking and injuring a publicservant” and “stealing his personal wireless device” in relation to the ShuraCouncil protest case. 23 were released on bail on December 4, 2013. Mr. Abdel Fatahand another individual arrested in the vicinity of the demonstration, Mr. AhmedAbdel Rahman, were detained in Tora Prison. The court did not set a trial dateuntil mid-March 2014.

On January 5, 2014, North Giza CriminalCourt sentenced Mr. Alaa Abdel Fatah, Ms. Mona Seif and Mr. Ahmed Abdallah, member of the 6April Youth Movement and co-founder of the Egyptian Commission for Rights andFreedoms, a group which documents and denounces human rights violationsto a suspended sentence of one year in prison on charges of “arson”, “theft”,“damage to property”, “violence” and “danger to public safety”. The chargeswere based on allegations that Mr. Fatah, Ms. Seif and Mr. Abdallahparticipated in the attack on the campaign headquarters of former presidentialcandidate, Mr. Ahmed Shafiq, on May 28, 2012 (Ahmed Shafiq case). The jail termwas suspended for three years and therefore should any of the defendants befound guilty of additional charges within this time, this one-year term wouldbe added onto any subsequent sentences. The conviction was based solely on theevidence of so-called eyewitnesses who were either agents of the government orpersons with criminal records or with criminal investigations pending againstthem. Furthermore, only one of the said eyewitnesses was available forcross-examination and he testified that he did not see Mr. Fatah in possessionof any weapons or committing violence. He also admitted that he could notrecognise the other defendants. The three human rights defenders filed anappeal against their sentence.

On March 19, 2014, the prison authoritiesmoved Mr. Alaa Abdel Fatah from his cell to an unknown location. Theauthorities then failed to explain the rationale of this unusual measure andfailed to account for his whereabouts. His lawyer then found out after he methim on March 22 that he was moved by the prison police to a “disciplinary” celland returned to his normal cell on March 21.

On March 23, 2014, the 16th terrorismcircuit of South Cairo Criminal Court ordered the provisional release ofMessrs. Alaa Abdel Fatah and Ahmed Abdel Rahman on a bail of LE 10,000 each(approximately EUR 1,042).

An hearing took place on April 6, 2014,during which the Prosecution presented testimonies and evidence against Messrs.Alaa Abdel Fatah and Ahmed Abdel Rahman as well as the 23 other individuals.The defendants lawyers also filed a petition to disqualify Judge MohammedEl-Fikki, the judge presiding the trial. Indeed as Mr. Abdel Fattah had filedagainst this judge a complaint for alleged election fraud in 2005, the judgelacked impartiality. The case was then adjourned until the court decides on therequest for recusal.

On May 17, 2014, the Cairo Appeals Courtruled that Judge Mohammed El-Fikki could continue presiding over Mr. Alaa AbdelFattah´s trial, despite the animosity between the two men. Mr. AlaaAbdel-Fattah was also fined LE 5,000 (approximately 521 Euros). The nexthearing was scheduled to take place on May 25, 2014. On that day, the judgefailed to come to the hearing and the case was postponed to June 11, 2014.

Actions requested:

Please write to the authorities of Egyptasking them to:

i. Guarantee in all circumstances the physical and psychological integrityof Mr. Alaa Abdel Fatah, Mr. Ahmed Abdel Rahman, Ms. Mona Seif and Mr. AhmedAbdallah and all human rights defenders in Egypt;

ii. Release Mr. Alaa Abdel Fatah, Mr. Ahmed Abdel Rahman and all humanrights defenders currently in detention immediately and unconditionally sincetheir detention is arbitrary as it seems to only aim at curtailing their humanrights activities;

iii. Order an immediate, thorough, transparentinvestigation into the above-mentioned allegations of ill-treatments againstMr. Abdel Fatah and his wife in order to identify all those responsible, bringthem before an independent tribunal, and apply them the sanctions provided bythe law;

iv. Put an end to all acts of harassment,including at the judicial level, against Mr. Abdel Fatah, Mr. Ahmed AbdelRahman, Ms. Mona Seif and Mr. Ahmed Abdallah and all human rights defenders inEgypt;

v. Comply withall the provisions of the United Nations Declaration on Human Rights Defenders,in particular with:

- its Article1, 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 Article 5(a): “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 (a) To meet or assemble peacefully”;

- 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” ;

vi. 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. Ibrahim Mehleb, Magles El Shaab Street, Kasr El AiniStreet, Cairo, Egypt. Fax: + 202 2735 6449 / 27958016.Email: primemin@idsc.gov.eg

· Minister of the Interior, General Mohamed Ibrahim Moustafa, Ministry ofthe Interior, El-Sheikh Rihan Street, Bab al-Louk, Cairo, Egypt, E-mail: moi1@idsc.gov.eg, Fax: +202 2579 2031 / 27945529

· Minister of Justice, Mr. Nayer Abdel-Moneim Othman, Ministry of Justice,Magles El Saeb Street, Wezaret Al Adl, Cairo, Egypt, E-mail: mojeb@idsc.gov.eg, Fax: +202 2795 8103

· Public Prosecutor, Counsellor Hisham Barakat Dar al-Qadha al-Ali, RamsesStreet, Cairo, Egypt, Fax: +202 2577 4716

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

· H.E. Ms. Wafaa Bassim, Ambassador, Permanent Mission of Egypt to the UnitedNations 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, 1000 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.

***

Paris-Geneva, June 11,2014

Kindly inform us of any action undertaken quoting the code of thisappeal in your reply.

The Observatory, a FIDH and OMCT venture, is dedicated to theprotection of human rights defenders and aims to offer them concrete support intheir time of need.

To contact the Observatory, call the emergency line:

· E-mail: Appeals@fidh-omct.org

· Tel and fax FIDH + 33 (0) 1 43 55 2518 / +33 1 43 55 18 80 Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29

[1] This movement was set up in 2011 anddenounced human rights abuses committed in particular by security forces andthe army during the rule of the Supreme Council of the Armed Forces (SCAF)after the fall of former President Mubarak.

[2] Mr. Ahmed AbdelRahman is a passer by who was arrested by the police after he intervened toprotect female protesters.

[3] After June 30, 2014, the judiciarycreated separate circuits for terrorism offences to ensure a quick handling ofsuch cases. Initially aimed at addressing terrorism offences, such courts havebe used in politically sensitive cases. Mr. Alaa Abdel Fatah and the other 24were referred to a terrorism circuit by an administrative decision. Judgessitting in the terrorism circuits are reputed as being very conservative.