Professional Documents
Culture Documents
UNDER REPRESSION
January 2012
Published in 2012 by
The Institute for Active Nonviolence, Solidaridad Internacional and PATRIR
Original language: English
Barcelona (Spain), Madrid (Spain), Cluj (Rumania)
Instituto para la Noviolencia Activa, Solidaridad Internacional and PATRIR
Cover photo: Woman shows armament used against protesters
Tahrir Square. November 2011 Nicols Salazar-Godoy
Framework: The fact-finding mission to Egypt was implemented between the 2nd and the 10th of
December 2011. Twenty-eight analyst and civil society representatives were interviewed during this
short period after an intensive literature review on current human rights violations in Egypt. The main
organizations contacted were: Cairo Institute for Human Rights Studies (CIHRS), Nadeem Centre for
the Rehabilitation of the Victims of Violence, Nazra for Feminist Studies, Alliance for Arab Women,
Egyptian Initiative for Personal Rights, El-Masry AlAyoum, The Egyptian Association for Community
Participation and Enhancement, Egyptian Feminist Union and several mainstream local and
international media, grassroots activist, bloggers and film makers. Their analysis/ opinions are not
necessary reflected in this report.
Legal Deposit: This work is licensed under the Creative Commons Attribution-Non-Commercial
Non-Derivate works 2.5 Spain licence
INDEX
. . . . >>6
. . . . . . . . . . . . . . . . . . . . . >>7
. . . . . . . . . . . . . . . . . . .>>8
. . . . >>9
. . . . . . . . . . . . . . . . >>10
. . . . . >>11
EXECUTIVE SUMMARY:
Faced by a rising tide of violence and arbitrary arrests against Egyptian civil society,
protesters and social movements, the researchers identified the need to present key
findings on the Supreme Council of the Armed Forces (SCAF) violations of Civil and Political
Rights as part of an attempt to quash the social protest and keep military control over the
Egyptian institutions. This report sets six key findings, based on the reports and meetings of
the INA with leading Egyptian civil society representatives during the first week of December
2011. The developments after the INAs fact finding mission confirmed even more these
findings.
Rights of freedom of association and peaceful assembly are currently under threat in
Egypt. Civil society is under intimidation of the SCAF and a new law criminalizes going
on strike and other forms of peaceful protest.
Protesters are facing today processes of unfair detention and torture. Those activities
are being committed with de facto impunity.
Almost 12.000 civilians were arrested and brought before unfair military courts in Egypt
since the start of the 25 January Revolution. Military legal persecution has ben used as
a political tool for repressing the right for peaceful assembly, freedom of association and
of expression. Dissent is today persecuted by the military in Egypt.
Egyptian Security forces are using illegal, disproportionate, excessive and lethal force to
disperse peaceful demonstrations.
Criticizing the SCAF is today persecuted by the military in Egypt. Military prosecutors
have questioned journalists, bloggers and activists. Newspapers have been confiscated
and television studios have suffered raids.
Women and religious minorities continue to face widespread discrimination in law and
in practice. The expectations raised during the uprising about a major equality have
been disappointed.
INTRODUCTION:
Egyptians started to vote on November 28th in their first elections since the 25 January
Revolution and the fall of Hosni Mubarak. The rest of the Middle East and North African
Countries (MENA) is watching carefully the results and the process, especially in the
countries facing transitions of power, turmoil and protests.
On the edge of this historic momentum, ta joint mission of the Institute for Active
Nonviolence and Solidaridad Internacional travelled to Egypt for a Fact Finding Mission in
order to assess the level of achievements of the demands of the Egyptian Civil Society from a
rights-based approach. Our goal was not to evaluate the implications of the victory of one or
another political party, but to collect information on the Human Rights abuses and violations
and to raise awareness among the International Community. The result of this mission is the
current report: Egypt under repression.
The name of this report summarizes our main conclusion: the electoral process, presented
like the first democratic parliamentary elections in Egypt in decades has been eclipsed by
the human rights abuses of the countrys military rulers. Most of the hopes that motivated
the Revolution are today fainting under the ongoing attacks towards civil society and
repression of protesters. The SCAF, which assumed power when former President Hosni
Mubarak was ousted on 11 February, had stated they would oversee a peaceful transition of
authority within a free and democratic system (Statement of the Supreme Council of the
Armed Forces, 12 February 2011). However, before the November elections to the Peoples
Assembly and the messages spread by the Egyptian state television, reality is that the SCAF
has arbitrarily restricted human rights, including freedom of expression, peaceful assembly
and association that are instrumental to ensuring free debate of social and political issues.
Criticism of the authorities or of the pace of reform has been ruthlessly suppressed. Military
courts have imprisoned thousands of civilians. Military prosecutors have summonsed,
interrogated and ordered the detention of those who criticize the army. Military forces have
used unnecessary or excessive force to disperse demonstrations.
It has been ten months since former Vice-President Omar Suleiman announced the fall of
Hosni Mubarak and the news was celebrated by millions of Egyptians, including many
hundreds of thousands protesting in Cairos Tahrir Square. The announcement came with
the news that he had handed power to the SCAF, headed by his former Minister of Defense,
Field Marshal Mohamed Hussein Tantawi. Ten months after that announcement, the
conclusions of the Institute for Active Nonviolence are that the jubilation of that moment,
and the decision of the armed forces not to shoot at protesters during the uprising, obscured
the fact that the country was still by default under military rule. And that it continues to be
almost a year later, although the SCAF has promised power will be handed to an elected,
civilian government. Nowadays the euphoria of the uprising has been replaced by fears that
one repressive rule has simply been replaced by another.
In the recent times, the number of civilians transferred to military courts has decreased and
some cases were transferred to civilian tribunals. The pressure of civil society organizations
and movements has contributed to this change of practices and shows how important is to
keep the social mobilization alive. It should encourage the International community to
support activists and human rights defenders in their effective struggle.
The same Law on Associations (Law 84 of 2002), approved under Hosni Mubarak regime
is still active and is under implementation.
On 6 July, the Minister of Solidarity and Social Justice warned NGOs against accepting
foreign funding and announced that a committee had been formed to investigate it. 1
The bank accounts of NGOs have come under close scrutiny by the Egyptian authorities.
In early August, it was reported that the Central Bank of Egypt had instructed banks to
provide information about the financials of NGOs.
A ministerial investigation has been launched into the registration and funding of
human rights organizations, and the state security prosecution is reported to be
investigating organizations for alleged treason and conspiracy.
Law 34 of 2011, decreed by the SCAF in April, effectively criminalizes any form of protest
that the authorities deem to have obstructed the work of any state institution, or public
or private workplace. On 7 June 2011, five workers at the Egyptian General Petroleum
Corporation were arrested and charged after they participated in sit-in protests in front
of the Ministry of Petroleum after they had been sacked2
On 30 December 2011, police and military forces stormed the offices of the Arab Center
for the Independence of the Judiciary and Legal Profession, the Budgetary and Human
Rights Observatory, and other international human rights institutions3. Since then many
NGO offices remain closed for fear of new raids.
http://www.hrw.org/news/2011/09/26/egypt-government-moves-restrict-rights-and-democracy-groups
http://www.amnesty.org/en/library/asset/MDE12/053/2011/en/47be269e-b67a-42f4-835b787f91044e04/mde120532011en.pdf
3
http://eipr.org/en/pressrelease/2011/12/30/1333
2
In September, a video was published on the Internet showing officers beating and
torturing Hassan Hassan Mohamed and his brother El Sayed. The video, which was
reportedly filmed in July at Kafr El-Kordy police station in El-Dakahlia governorate, north
of Cairo, and published on video-sharing site YouTube, shows three handcuffed men in
a room surrounded by uniformed army and police officers. The SCAF ordered an
investigation, but no members of the security forces were held to account.4
After army officers violently cleared Tahrir Square of protesters on 9 March, 174 persons
were held in military detention at a Cairo Museum annex, among them 17 female
protesters. There, they were handcuffed, beaten with sticks and hoses, given electric
shocks in the chest and legs. The women were taken to the Military Prison in Heikstep
where they were subjected to strip searches in a room with soldiers standing outside
open windows and doors. Seven female protesters who said they were virgins were
forced to submit to virginity checks by a man wearing a white coat. A senior Egyptian
general later justified the abuse to CNN saying that the women were not like your
daughter or mine. These were girls who had camped out in tents with male protesters.
4
http://www.publicserviceeurope.com/article/1159/egypts-revolution-careering-off-the-rails
5
http://www.amnesty.org/zh-hant/node/28853
On 10 April, 26-year-old blogger Maikel Nabil Sanad was sentenced by a military court
to three years in prison for his criticism of the Egyptian militarys use of force against
protesters in Tahrir Square and his objection to military service. In October, a military
appeals court ordered the retrial of Maikel Nabil Sanad, and he continues to be
detained. He was transferred to Abbasseya psychiatric hospital on 23 October. Maikel
Nabil Sanad is reportedly under pressure to apologize for his writing.
6
http://www.amnesty.org/en/news-and-updates/egypt-military-court-toying-life-jailed-blogger-2011-10-13
7
http://english.ahram.org.eg/~/NewsContent/1/64/25533/Egypt/Politics-/Alaa-Abdel-Fattah-Portrait-of-a-
revolutionary.aspx
On 23 July, over 100 people were reportedly injured in Cairos Abbasseya district after a
protest march towards the Ministry of Defence was blocked by the Central Security
Forces and military police. Protesters also came under attack of groups of people.
In mid-November clashes started in Tahrir Square after security forces attacked a sit-in of
familys martyrs. According to the health ministry, 31 people were killed, 28 in Tahrir,
when the security forces first resorted to tear gas, rubber bullets and birdshot in a bid to
break up demonstrations. The United Nations human rights chief Navi Pillay called for
an independent probe into the killing of unarmed protesters being shot in the head.
On 16 December, 9 protesters were killed during the dispersal of a sit-in at the cabinet
building. After the killings, photographs and video clips clearly exposed abuses faced by
female activists, who were beaten, dragged, and stripped of their clothing.11
On 1 january 2012, General Mohamed Ibrahim, who was appointed few weeks ago in Dr.
Kamal El Ganzourys cabinet, declared to the press that gives police officers a shoot to
kill license and offers bonuses to police officers who shoot and kill thugs12
8
http://www.guardian.co.uk/world/2011/nov/23/egyptian-military-teargas-tahrir-square).
Moreover, shipments of weapons from foreign countries are entering Egypt despite protests by harbors customs
workers. http://www.almasryalyoum.com/en/node/527456
9
9 http://www.amnesty.org/en/library/asset/MDE12/053/2011/en/47be269e-b67a-42f4-835b787f91044e04/mde120532011en.pdf
10
http://www.youtube.com/watch?v=22_1JmY2vtc
11
http://www.cihrs.org/?p=546&lang=en
On 31 May, blogger and political activist Hossam el-Hamalawy appeared before military
prosecutors, after he criticized the head of the military police during an ONTV talk
show.13
On 19 June, El-Fagr editor Adel Hammuda and journalist Rasha Azb were interrogated
by a military prosecutor and accused of publishing false information, and Adel
Hammuda of lax editorial supervision.
On 14 August, activist and blogger Asmaa Mahfouz was detained and charged with
insulting the military and inciting violence against them after posts she made on the
social media site Twitter.
On 24 July, Dream TV presenter Dina Abdel Rahman was reportedly fired by the station
owner following an on-air argument with a former air-force officer over criticism of the
armed forces.15
On 11 September, the Cairo offices of Al Jazeera Mubasher Egypt were raided and
engineer Islam al-Banna was arrested and briefly detained. The raid followed the
stations reporting on violent protests in front of the Israeli embassy on 9 September. 16
12
http://eipr.org/en/pressrelease/2012/01/04/1338
13
http://www.guardian.co.uk/profile/hossam-el-hamalawy
14
http://www.cpj.org/2011/06/in-egypt-military-harasses-critical-journalists.php
15
http://uncut.indexoncensorship.org/2011/08/the-sacking-of-dina-abdul-rahman-is-a-threat-to-the-freedom-
of-media-in-egypt/
10
In July, the SCAF removed the quota system for women in the election law it mandated
instead that each political party must include at least one woman on their list-for-voting.
Women representation in trade unions and other public functions has not grown.18
Women who were arrested on 9 March at Tahrir Square were reportedly tortured and
subjected to forced virginity tests. 19 After a case was filled against it, on December, 27
2011, the administrative court issued a decision to stop forced medical tests during
detention especially virgin test.
Discrimination against women in Egypt persists both in law and in practice in most
spheres. The Family Status Code and the Penal Code include discriminatory provisions.
There is an inadequate protection or even knowledge of womens rights in Egypt.
Since 25 January there have been at least six attacks on Coptic Churches and/or clashes
between Muslim and Copts. 20
The SCAF has failed to end discriminatory practices preventing Copts from building
houses of worship or restoring existing ones. Many churches were closed down or
destroyed because the authorities allege they did not get the right permission to be
built or do not fulfill the official requirements or renewed.
16 http://www.cpj.org/2011/09/egyptian-police-raid-al-jazeera-offices-again.php
17
http://www.csmonitor.com/World/Middle-East/2011/0308/In-Egypt-s-Tahrir-Square-women-attacked-at-rally-
on-International-Women-s-Day
18
http://www.en.nazra.org/36-nazras-statement-on-the-continuity-of-applying.html
19
http://www.huffingtonpost.com/2011/05/31/egyptian-female-protesters-virginity-test-_n_868997.html
20
http://www.amnesty.org/en/library/asset/MDE12/053/2011/en/47be269e-b67a-42f4-835b-
787f91044e04/mde120532011en.pdf
11
Provide periodic reports on the condition of human rights in Egypt. Address the issue of
human rights defenders noting instances of the concerted and politically motivated
persecution of Egyptian Civil Society and protesters.
Maintain ongoing communication with the leadership of the Egyptian civil society; visit
affected communities and report to diplomatic missions, in order to monitor and assist
the development of local strategies.
Issuing official public statements condemning the threats and attacks on the Egyptian
Civil Society, underlining the immediate and serious risk it is facing. Specific action to
protect women-rights facing a raising discrimination is needed.
The establishment of an official rotating mission, for trial observation, with the increased
visibility of observers in mind.
Regularly raising the subject of the legitimate demands of the Egyptian Civil Society
with high representatives visiting the region;
12
Raising the persecution of the Egyptian Civil Society in regular meetings between
partner governments and sub- committees on human rights, with a special attention
towards women-rights.
Providing visible recognition of the Egyptian Civil Society and its work through visits to
local organizations, attending press conferences and visiting key imprisoned activists.
Instituting regular joint press conferences exposing and condemning the repression
and clearly stating that the current the facto ruling power, the SCAF, should be held
responsible for any violation committed by state actors.
TAKE ACTION TO PROTECT AND PROMOTE A LEGAL ENABLING ENVIROMENT FOR CSO
AND SOCIAL MOVEMENTS.
Act to help suspend the application of the law on associations (law 84 of 2002)
approved under Hosni Mubarak Regime. Promote the independence of the CSO and
social movements as actors in their own right and recognize minimum enabling
environment standards for CSO.
13
Make Relevant Experiences in Transition Available: A key request from many state
and civil society actors in Egypt is to make available relevant experiences in transition
from other countries (in the region and internationally, including south eastern and
eastern Europe, Latin America, South Africa and elsewhere). Egyptians will chart their
own path and not copy experiences or processes from elsewhere, but being able to
know about what has happened in other countries and concrete experiences both
positive and negative can help to inform, support and strengthen the transition
process in Egypt.
Ensure Accountability, Responsibility, Coordination and Coherence Amongst
External Actors and Donors: There has been a flood of external organizations coming
to work in Egypt to support transition process. While Egyptians have offered their
appreciation for this external support, there is strong concern that it should not take over
the process by external actors. Additionally, it is very important for external donors,
governments and UN agencies to ensure their programmes and strategic objectives
reflect the goals and objectives of the Egyptian people for their democratic transition
and to coordinate together to ensure there is not duplication, overlap, or misuse an
abuse of funds and programmes.
To promote and ensure the participation of women: There will be no real democracy
without the participation of women at all levels and processes. Donors, governments
and UN agencies must support the agenda of Egyptian women, promote the presence of
women at the political sphere and contribute to the fulfillment of Womens Human
Rights. Moreover, the process of building democratic institutions and reforming judicial,
security and other sectors must mainstream a gender perspective and take into account
the demands of Egyptian women and their participation.
14