Travel ban and assets freeze against Azza Soliman

Restrictionsto freedom of association
Egypt
November 22, 2016

The Observatory for the Protection of Human Rights Defenders, apartnership of the World Organisation Against Torture (OMCT) and FIDH, requestsyour urgent intervention in the following situation in Egypt.

Description of the situation:

The Observatory has been informed by reliable sources about the travel ban andassets freeze imposed against Ms. Azza Soliman, human rights lawyerand founder of the Centre for Egyptian Women Legal Aid (CEWLA), and member ofthe Executive Committee of the WHRD MENA Coalition.

According to the information received, on November 17, 2016 Azza Soliman intendedto travel from Egypt to Jordan in order to participate in a training for theMushawah movement, an organisation promoting equity within the Muslimcommunity, when she was informed by the authorities that she was banned fromtravelling. This followed a judicial order instructed that same day by theinvestigative judge in the case No. 173/2011,commonly known as “NGOs foreign funding case”, which also ordered the freezingof her personal as well as her law firm’s assets.

Ms.Soliman was never informed of any charges against her or summoned forinterrogation. She is the third high-profile human rights defender and NGODirector to be banned from travelling this month, a few days after human rightslawyers Ahmad Ragheb founder of the National Community for Human Rightsand Law (NCHRL) and Malek Adly director of the Lawyers Network of theEgyptian Center for Economic and Social Rights (ECESR)[1].

TheObservatory would like to recall that both the imposition of travel bans and ofassets freezes against human rights defenders and organisations is a commonpattern of harassment increasingly used by the Egyptian authorities againsthuman rights defenders in the country[2].

TheObservatory is extremely concerned about this new act of harassment against Ms.Azza Soliman, which only aims at sanctioning her legitimate human rightsactivities, and urges the Egyptian authorities to immediately andunconditionally put an end to all restriction against her freedom of movementand association, and more in general to protect all human rights defenders inEgypt.

Background information:

OnJanuary 24, 2015, Ms. Soliman voluntary went to the Public Prosecution's officeto give her testimony regarding the violent dispersal by security forces of aprotest organised on the same day by the political party “Popular Alliance”,which led to the death of political activist Ms. Shaimaa El Sabbagh. Ms.Soliman did not take part in the protest, but was coincidentally in the samearea and witnessed the dispersal and the shooting of the activist.

After waiting several hours at the Public Prosecution's office, Ms. Soliman wasfinally able to give her testimony, pointing to the responsibility of thepolice for the death of the activist. Ms. Soliman also filed a complaintaccusing the Minister of Interior and security forces of having violentlydispersed the peaceful protest.

Upon completion of her testimony, the prosecutor then interrogated her, andinformed her that he was going to press charges against her and four otherwitnesses for “illegal gathering” and “participating in a protest that harmedpublic security”. Ms. Soliman was released along with the other four, pendinginvestigation.

On March 23, 2015, Ms. Soliman was formally charged with “unauthorisedprotest”, and “breach of security and public order”. Along with Ms. Soliman,sixteen others were charged, including Ms. Nagwa Abbass, member of theSocialist Popular Alliance Party.

On March 28, 2015, the lawyers of Ms. Soliman requested from the GeneralProsecutor to include her as a witness and not as a defendant in the case,however on March 31, this request was denied.

On April 4, 2015, the first hearing took place before the Abdeen MisdemeanorCourt. Ms. Soliman's lawyers requested adjournment, as they had not been ableto access the criminal files[3].The request was granted and the Court adjourned the hearing to May 9, 2015. OnMay 9, the judge heard requests made by lawyers of other accused and adjournedthe hearing to May 23, 2015.

On May 23, 2015, the Abdeen Misdemanour Court acquitted Ms. Soliman on chargesof “unauthorised protest” and “breach of security and public order”. However, on May 26, 2015, the Public Prosecutionappealed the decision. The first court hearing was due to be held on September26, but was then postponed to October 24, 2015.

Meanwhile, on June 11, 2015, one police officer was sentenced to 15 yearsimprisonment on charges of “beating leading to death” of Ms. Shaimaa AlSabbagh.

OnOctober 24, 2015, the Qasr Al Nil Appeal Court confirmed the acquittal of Ms.Azza Soliman along with sixteen other defendants on charges of “unauthorisedprotesting” and “breach of security and public order”. This decision is finaland not subject to appeal.

Actions requested:

Please write to the authorities of Egypt asking them to:

i.Guarantee in all circumstances Ms Soliman’s freedom of movement andassociation, by immediately and unconditionally lifting the travel ban andassets freeze imposed against her, as they aim only at sanctioning herlegitimate human rights activities;

ii. Put an end to all acts of harassment – including at judicial level -against Ms. Azza Soliman and all human rights defenders in Egypt;

iii. Conform with the provisions of the UN Declaration on Human RightsDefenders, adopted by the General Assembly of the United Nations on December 9,1998, especially Articles 1 and 12.2; and

iv.More generally, ensure in all circumstances the respect for human rights andfundamental freedoms in accordance with the Universal Declaration of HumanRights and with international and regional human rights instruments ratified byEgypt.

Addresses:

· President of the Arab Republic of Egypt,H.E. Abdel Fattah el-Sisi, Fax: +202 23901998
· Prime Minister, Mr. Sherif Ismail. Fax: + 202 2735 6449 / 27958016. Email: primemin@idsc.gov.eg
· Minister of the Interior, General MagdyAbdel Ghaffar, E-mail: moi1@idsc.gov.eg, Fax: +202 2579 2031 / 2794 5529

· Minister of Justice, Mr. Ahmed Al-Zanad, E-mail: mojeb@idsc.gov.eg, Fax: +2022795 8103
· Public Prosecutor, Counsellor NabeelSadek, Fax: +202 2577 4716
· Mr. Mohamed Fayeq, President of theNational 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, Email: mission.egypt@ties.itu.int, Fax: +41 22 738 44 15

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

Please also write to the diplomatic missions or embassies of Egypt in yourrespective country.

[1] See theObservatory Joint Statement of November 9, 2016.

[2] See the Observatory Joint Statement of September 23, 2016 and ofNovember 9, 2016.

[3] Before the first hearing on April 4, thelawyers were told that they needed to first sign a paper stating that Ms.Soliman is a defendant and not a witness in the case, before getting access tothe case file