Egypt: Ongoing human rights violations amidst a widespread crackdown

The Universal Periodic Review (UPR) of Egypt is scheduled to take place on 5 November, fundamental
human rights such as the rights to freedom of peaceful assembly, association and expression, the right to fair
trial, and physical integrity, continue to be systemically violated. The upcoming UPR is a critical opportunity
to urge the Egyptian authorities to immediately put an end to the systematic human rights violations and to
uphold their international legal obligations. FIDH highlights below its key concerns over the human rights
situation in Egypt. FIDH encourages the UN HRC Member States to address these concerns through
recommendations to Egypt at the occasion of the UPR, and to urge the Egyptian authorities to implement
these recommendations.
Freedom of Association under unprecedented threats
Independent civil society groups, including human rights organisations, are currently facing an imminent
threat of shutdown. An ultimatum has been given by the Ministry of Social Solidarity (MoSS) to civil society
organisations to register, under the repressive Law No. 84 of 2002 on associations, by 10 November. CSOs
risk legal consequences if they do not comply with this requirement. 1 In most cases, human rights
organisations have never been registered under this law, and have instead registered themselves under
other legal frameworks as civil companies or law firms, in order to avoid government interference in their
activities. Several INGOs were therefore forced to close their offices. This ultimatum has come while the
government has been preparing a new draft law on associations that, if passed, would further restrict
freedom of association and ultimately criminalize the work of independent civil society organisations. The
draft law includes provisions that could lead to the closure of NGOs as well as to the detention of their staff
for failing to comply with requirements.2
Furthermore, on 21 September 2014, the Egyptian President passed amendments to the penal code that
imposes up to 25 years imprisonment and a fine of half a million Egyptian pounds (70 thousand USD) for
anyone who sends or receives foreign funds with the aim of harming national security. While these
amendments have been primarily designed to counter arms smuggling and to prevent terrorist acts, FIDH
fears that the vague language of these provisions will be used to target peaceful society groups which
receive funding from foreign states, including UN HRC Member States, to implement programmes for the
promotion and protection of human rights.
These repressive measures against civil society organisations come in the midst of a slander campaign in
which independent human rights organisations and defenders are accused of being traitors or supporters of
the Muslim Brotherhood.
The Egyptian authorities should:
Put an immediate end to all acts of harassment and threats, including judicial harassment, against
civil society groups in particular against independent human rights organisations and defenders and
guarantee that those organisations and human rights defenders can continue their activities without
any interference or reprisals;
Repeal the ultimatum for NGOs to register under law No. 84 of 2002;
Refrain from adopting the draft law on associations, and submit the previous draft law prepared in
the summer of 2013 to national consultation to ensure the effective consultation of independent civil
society organisations, in accordance with international standards;
Invite the UN special Rapporteur on the rights to freedom of peaceful assembly and of association to
conduct an official visit in the country.

These could include charges based on violations of the Penal Code, i.e. formation of organisations with the aim to
overthrow the regime or espionage with foreign actors. These provisions prescribe sentences of up to 25 years
imprisonment. The legal consequences could also include convictions pursuant to Law 84 of 2002, incurring
sentences of up to three years imprisonment.
See FIDH joint statements, Legal Retaliation against Egypts Human Rights Defenders Must Stop! (October 2014),
http://www.fidh.org/en/north-africa-middle-east/egypt/eu-egypt/16192-egypt-legal-retaliation-against-egypt-s-humanrights-defenders-must-stop; Egypt: Dissolution Ultimatum for Independent Groups (September 2014)
http://www.fidh.org/en/north-africa-middle-east/egypt/15951-egypt-dissolution-ultimatum-for-independent-groups;
New measures to further obstruct NGOs work (July 2014) http://www.fidh.org/en/north-africa-middleeast/egypt/15808-egypt-new-measures-to-further-obstruct-ngos-work;

Zero Tolerance for Peaceful Assembly and Free Expression

The application of the repressive assembly law (Law No. 107 of 2013, adopted in November 2013) has led to
a major crackdown against peaceful protesters, journalists, human rights defenders, as well as political
opponents. The law authorises security forces to violently disperse unauthorised protests and to conduct
waves of arbitrary arrests. Thousands of people have been arrested and detained.
Human rights defenders Yara Sallam, and Sanaa Seif, along with 21 other protesters were sentenced on 26
October 2014 to three years of imprisonment, three years of police surveillance, and a 10,000 EGP fine
(approx. EUR 1,000). They had been held in pre-trial detention without grounds or justification since their
arrest on 21 June 2014 after a peaceful protest calling for the repeal of the assembly law and release of
political detainees. On 27 October 2014, human rights defender Alaa Abdel Fattah was ordered back into
detention during the first session of the re-trial against him and 24 other individuals on charges of
unauthorized protest and assaulting security forces. They had been sentenced on 11 June 2014 by the
South Cairo Criminal Court to 15 years of imprisonment, a fine of LE 100,000 (approx. EUR 10,420), and five
years of police surveillance.
Human rights defender Mahienour El-Masry was arrested on 20 May 2014 after the Court rejected her
appeal against the sentence of two years imprisonment issued in January 2014 for violating the protest law.
On 20 July, her sentence was reduced to six months' imprisonment. On 21 September, she was released
after the judge decided to suspend her sentence pending the outcome of an appeal brought before the Court
of Cassation. Three prominent Egyptian activists Ahmed Douma, Ahmed Maher, and Mohamed Adel are
currently imprisoned after the Court upheld the three year sentence against them on charges of calling for an
unauthorised demonstration in November 2013.
Journalists have also been arbitrarily arrested, detained, and sentenced to heavy terms of imprisonment, for
the sole reason of doing their job. For example, the Cairo Courts sentencing of 18 Al-Jazeera journalists to
jail terms of up to 11 years is emblematic of the repression to which journlists are subjected.
These arbitrary arrests, detention and judicial harassment against human rights defenders and journalists
are part of an overall effort to impede the actions of anyone who might criticise the regime.
Since the removal of former president Mohamed Morsi in July 2013, the authorities have enacted a
widespread crackdown against supporters of Morsi and the Muslim Brotherhood. Thousands have been
detained solely for their alleged membership or support of the outlawed movement.
More recently, student protests across various universities in the country have resulted in clashes with
security forces. Omar Sherif, a student at Alexandria University, died on 21 October as a result of a bird- shot
injury to his head. Furthermore, security forces have embarked on a wave of arbitrary arrests and detention
of student activists including from groups such as Students against the Coup, affiliated to the Muslim
Brotherhood. Security forces have arrested at least 186 students from 19 universities during the first week of
classes that started on 11 October. Some of the students were arrested in home raids on the eve of the
beginning of the academic year.
A number of these detainees have started open-ended hunger strikes to protest against their detention and
to demand their immediate release.
The Egyptian authorities should :
Immediately release all those detained for exercising their legitimate rights to freedom of expression,
information, assembly and association, including human rights defenders and journalists, and
guarantee their rights to freedom of association, assembly, expression, and information;
Revoke Law No. 107 of 2013 regulating demonstrations and public meetings, and put an end to the
arbitrary arrest and detention of peaceful demonstrators under the provisions of this law;
Invite the UN Special Rapporteur on human rights defenders to conduct an official.
Violations of a Right to Fair Trial, Military Trials and Mass Death Sentences
The time limit on pre-trial detention of defendants was removed after amendments to the Code of Criminal
Procedures. This has led to major abuse of pre-trial detention since July 2013. Judicial authorities have used
this measure to routinely renew the detention of activists, protesters, journalists, and political opponents for
prolonged periods of time, in some instances for more than one year. Furthermore, on numerous occasions,
the judicial authorities have held hearings inside police facilities rather than courtrooms, thus preventing

family members and the public from attending hearings. The Ministry of Interior must provide security permits
for anyone who wishes to attend, including lawyers; however, in several instances family members have not
been allowed in the courtroom. FIDH considers these conditions to be an infringement upon the principle of
open trials. More generally, the judicial authorities have handed down heavy imprisonment sentences in trials
that are marred by due process irregularities, including violations of the right to an attorney.
Furthermore, on 27 October 2014, President Sisi issued a decree mandating the military to secure and
protect a large number of public and vital establishments. This effectively expands the jurisdiction of military
courts and as such seriously jeopardizes citizens right to fair trials. FIDH recalls that in 2011 at least 16,000
civilians were tried before military courts. The proceedings in military courts violate due process and the right
to fair trial.
Between March and June 2014, Egyptian courts have recommended death sentences for more than 1,000
individuals accused of supporting the Muslim Brotherhood and participating in acts of violence in the
aftermath of the August 2013 events. Among these cases, the Courts confirmed the sentences against 221
individuals. On 21 October 2014, a military court sentenced seven people to death on charges of planning
and executing an armed attack against soldiers in March 2014. The recent mass death sentences and
executions illustrate the dysfunctional administration of justice as the trials have been marred by irregularities
and violations of due process. Furthermore, there have been at least eight recorded executions in June 2014
in Assuit, Cairo, Wadi al Natrun and Alexandria, all convicted on charges of murder. FIDH highlights the fact
that previously there had not been any recorded executions since October 2011.
The Egyptian authorities should:

Immediately end the routine renewal by prosecutors of detention orders (pending investigation) and
ensure that pre-trial detention is not a general rule but rather an exceptional measure and ultimately
amend the penal and Code of Criminal Procedure;
Take immediate measures to guarantee the independence of the judiciary;
Immediately withdraw Law No. 136/2014 and put an end to military trials for civilians;
Immediately cancel these death sentences, and order retrials whilst making sure that fair trial
guarantees will be respected in accordance with international standards;
Abolish the death penalty for all crimes, impose an immediate moratorium on the death sentences
and executions;
Ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights.

Ongoing Impunity
Impunity for gross human rights violations has continued as the authorities have failed to hold police, army
officers, and other officials accountable for the repeated use of excessive and lethal force since January
2011. Despite the formation of three official fact-finding commissions on violent incidents involving state
agents, the reports are yet to be made public and prosecutions based on evidence gathered by the
committees have yet to occur. In particular, the authorities have failed to conduct a prompt, independent, and
impartial investigation into the violent dispersal of pro-Morsi protests at the Raba al-Adawiya Square on 14
August 2013, which lead to the death of almost 1,000 protesters. Furthermore, many of those currently
detained have faced torture or other ill-treatment at the hands of the security forces. However, the judicial
authorities have failed to conduct investigations into the allegations and bring the perpetrators to justice.
The Egyptian authorities should:
Conduct independent, impartial, and effective investigations into all human rights violations
committed since 2011, and ensure that perpetrators, including those from the security and military
forces, are held to account, and victims are provided with an adequate remedy in accordance with
international standards;
Publish all the reports of the official fact-finding commissions.
Ratify the Rome Statute of the International Criminal Court
Ratify the Protocol to the African Charter on Human and Peoples' Rights on the establishment of the
African Court on Human and Peoples' Rights and make the declaration at its Article 34.6 to allow
individuals and NGOs to seize the Court
Insufficient Measures to Protect Women's Rights and to End Violence Against Women
Violence against women in the public sphere, including sexual harassment and assault, remains widespread

and continues to go largely unpunished. FIDH and its partner organisations documented over 250 cases of
mass sexual assault and rape committed near Tahrir Square between November 2012 and January 2014
(Egypt: Keeping Women Out sexual violence in the public sphere, FIDH, NWF, Nazra, Uprising, April
20143). To date, none of the perpetrators of these crimes have been held to account, and mob attacks have
continued. In June 2014, women were attacked during celebrations of the election and inauguration of
President Abdel Fatah al-Sisi.
The government has recently announced several steps to address the epidemic of sexual violence, including
two amendments to the penal code adopted in June 2014 that finally defined sexual harassment. A
committee to define a national strategy to combat violence against women and the opening of several
criminal investigations was also established. However, further comprehensive measures are required,
including wide-ranging legal reforms to bring laws in line with international standards. A comprehensive law
addressing all forms of violence against women, including domestic violence, is required, which should
include measures to address the prevention of violence, in addition to the protection and support of
survivors.
The Egyptian authorities should:
Publicize the national strategies in order to effectively combat all forms of violence and discrimination
against women and to ensure an appropriate and effective consultation with womens rights
organisations and other civil society groups;
Conduct independent and effective investigations into all crimes of sexual violence that have taken
place since February 2011, in order to hold those responsible accountable, counter the constant
message of impunity, and to ensure the right to reparation to victims in accordance with international
standards;
Reform legislation to criminalise all forms of violence against women, including domestic violence,
marital rape and sexual harassment, in accordance with international standards.
Ensure that actors in the justice system at all levels (police, social workers, prosecutors, judiciary,
forensic officers) receive training on effectively preventing, investigating and prosecuting crimes of
sexual violence. They must immediately stop blaming survivors for the violence they endure.
Take measures to ensure that women and girls who are survivors of violence have access to
immediate means of redress and protection, including protection orders, safe shelters, legal aid,
medical and psychological treatment.
Invite the UN Special Rapporteur on violence against women and the UN Working Group on
discrimination against women in law and practice to visit.

Available at, http://www.fidh.org/IMG/pdf/egypt_women_final_english.pdf