(HRW/IFEX) – Following is a letter Human Rights Watch sent on 2 December 1998 to President Mubarak about the 1 December detention of the secretary-general of the Egyptian Organization for Human Rights. He is facing serious criminal charges for dissemination abroad of an EOHR report, and for accepting a grant from the human rights committee […]
(HRW/IFEX) – Following is a letter Human Rights Watch sent on 2 December
1998 to President Mubarak about the 1 December detention of the
secretary-general of the Egyptian Organization for Human Rights. He is
facing serious criminal charges for dissemination abroad of an EOHR report,
and for accepting a grant from the human rights committee of the British
parliament. As of today, he was being held in Tora Istiqbal prison, one of
the worst facilities in Egypt.
By facsimile and Federal Express
2 December 1998
His Excellency Hosni Mubarak
President of the Arab Republic of Egypt
Abedine Palace
Cairo, Egypt
Your Excellency:
Human Rights Watch was deeply alarmed to learn that on December 1, 1998, the
Higher State Security Prosecution Office ordered the detention for fifteen
days of Hafez Abu Sa’da, a lawyer and secretary-general of the
internationally respected, Cairo-based Egyptian Organization for Human
Rights (EOHR). We understand that the prosecution office summoned Mr. Abu
Sa’da to appear on December 1 as a witness in the investigation that it
launched on November 24 concerning the EOHR report published in September
1998 and entitled “Collective punishment in al-Kosheh village: Random
arrest, torture and degrading treatment of citizens.” The investigation also
reportedly included examination of financial support that EOHR received from
the Human Rights
Committee of the British House of Commons through the British embassy in
Cairo, and allegations made in the Egyptian press that these funds financed
the September report.
It was shocking to learn yesterday that Mr. Abu Sa’da was no longer a
witness in this investigation, but had been charged with three criminal
offenses: dissemination abroad of false information harmful to Egypt’s
national interests; accepting funds from a foreign country for the purpose
of carrying out acts harmful to Egypt; and receiving donations without
obtaining permission from Egyptian authorities.
In our view, the accusations against Mr. Abu Sa’da constitute gross state
interference in essential aspects of EOHR’s work, and represent a direct
threat to the entire human rights community in Egypt. Any human rights
organization must be able to monitor, document, and freely disseminate
information about rights violations if it is to carry out its mandate and
function as an independent nongovernmental organization. As a watchdog, a
human
rights group must focus domestic and international attention on policies and
practices of the government that depart from internationally recognized
human rights standards, including the right to liberty and security of
person, and the prohibition against arbitrary arrest, torture, and cruel,
inhuman or degrading treatment or punishment. A parallel aspect of the work
is to press for accountability and an end to the impunity of abusive police
and security forces and other violators of human rights. In EOHR’s
September report, it called on Egyptian authorities “to conduct impartial
and independent judicial
investigations into all allegations of torture” reported by residents of
al-Kosheh village, and “to bring those responsible to justice.” Human
Rights Watch endorses this recommendation.
It is unconscionable that state security prosecutors in Egypt have brought
charges against the head of a leading human rights organization for
investigating and reporting police abuse of hundreds of citizens, including
women and children, as police attempted to identify suspects in the murder
of two Kosheh residents in August 1998. As a party to the International
Covenant on Civil and Political Rights (ICCPR), Egypt is obligated to
respect and to ensure to all individuals within its territory the rights
recognized in the
Covenant, including Article 19, which guarantees freedom of expression.
Article 19 protects the right of individuals, including individuals who have
joined in free association with others, to enjoy the freedom to impart
information and ideas of all kinds. The right to disseminate freely
information about human rights abuses — both domestically and to the
international community — is a critical component of freedom of expression,
and should never be suppressed in the name of national security, public
order, or harming the image of a state.
Human Rights Watch is also deeply concerned about mounting evidence that
Egyptian authorities are seeking to control and restrict not only the
activities of independent human rights organizations but also their sources
of funding. The draft law on private associations that circulated earlier
this year contained provisions giving the executive branch of government
virtually unlimited power to control the finances and budgets of independent
NGOs. It required that NGOs obtain prior approval from administrative
authorities before obtaining funds from abroad, and likewise permitted
groups to solicit donations inside Egypt only after securing approval from
the same authorities. The right
to freedom of association guaranteed in Article 22 of the ICCPR includes the
right to seek and obtain funds. As we communicated to Your Excellency in a
letter dated June 5, 1998, the state is entitled to ensure that NGOs conduct
their activities and fundraising in a transparent and accountable manner.
But such regulation should be reasonable and not interfere with the exercise
of the right to freedom of association or expression. We fear that the
charges lodged yesterday against Hafez Abu Sa’da are dangerous precedents
which fundamentally imperil both of these rights.
As the 50th anniversary of the Universal Declaration of Human Rights fast
approaches, we respectfully call upon the Egyptian government to protect the
rights of the country’s human rights defenders, and to cease all forms of
intimidation and harassment of human rights organizations. We strongly urge
the immediate release of Hafez Abu Sa’da, and that all charges against him
be dropped and prosecutors close the file.
Thank you in advance for your prompt consideration of this most urgent
matter. We look forward to a reply at Your Excellency’s earliest
convenience.
Sincerely,
Hanny Megally
Executive Director
Middle East and North Africa Division
Human Rights Watch
cc:
His Excellency Dr. Kamal Ahmad al-Ganzury, Prime Minister
His Excellency Amre Moussa, Minister of Foreign Affairs
His Excellency Shaaban Mohammed Mahmoud Shaaban, Embassy of Egypt,
Brussels
His Excellency Adel Elgazzar, Embassy of Egypt, London
His Excellency Ahmed Maher El Sayed, Embassy of Egypt, Washington, D.C.
Similar appeals can be sent to:
His Excellency Hosni Mubarak
President of the Arab Republic of Egypt
Abedine Palace
Cairo, Egypt
Fax: +202 260 5417 / 355 5700
e-mail: webmaster@presidency.gov.eg
Please copy appeals to the source if possible.
