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In a Time of Torture IN A TIME OF TORTURE The Assault on Justice In Egypt's Crackdown on Homosexual Conduct Human Rights Watch Copyright © 2004 by Human Rights Watch. All rights reserved. Printed in the United States of America ISBN: 1564322963 Cover photo: © 2002, Norbert Schiller Cover design by Rafael Jimenez Human Rights Watch 350 Fifth Avenue, 34th floor New York, NY 10118-3299 USA Tel: 1-(212) 290-4700, Fax: 1-(212) 736-1300 [email protected] 1630 Connecticut Avenue, N.W., Suite 500 Washington, DC 20009 USA Tel:1-(202) 612-4321, Fax:1-(202) 612-4333 [email protected] 2nd Floor, 2-12 Pentonville Road London N1 9HF, UK Tel: 44 20 7713 1995, Fax: 44 20 7713 1800 [email protected] Rue Van Campenhout 15, 1000 Brussels, Belgium Tel: 32 (2) 732-2009, Fax: 32 (2) 732-0471 [email protected] 8 rue des Vieux-Grenadiers 1205 Geneva Tel: +41 22 320 55 90, Fax: +41 22 320 55 11 [email protected] Web Site Address: http://www.hrw.org Listserv address: To receive Human Rights Watch news releases by email, subscribe to the HRW news listserv of your choice by visiting http://hrw.org/act/subscribe-mlists/subscribe.htm Human Rights Watch is dedicated to protecting the human rights of people around the world. We stand with victims and activists to prevent discrimination, to uphold political freedom, to protect people from inhumane conduct in wartime, and to bring offenders to justice. We investigate and expose human rights violations and hold abusers accountable. We challenge governments and those who hold power to end abusive practices and respect international human rights law. We enlist the public and the international community to support the cause of human rights for all. HUMAN RIGHTS WATCH Human Rights Watch conducts regular, systematic investigations of human rights abuses in some seventy countries around the world. Our reputation for timely, reliable disclosures has made us an essential source of information for those concerned with human rights. We address the human rights practices of governments of all political stripes, of all geopolitical alignments, and of all ethnic and religious persuasions. Human Rights Watch defends freedom of thought and expression, due process and equal protection of the law, and a vigorous civil society; we document and denounce murders, disappearances, torture, arbitrary imprisonment, discrimination, and other abuses of internationally recognized human rights. Our goal is to hold governments accountable if they transgress the rights of their people. Human Rights Watch began in 1978 with the founding of its Europe and Central Asia division (then known as Helsinki Watch). Today, it also includes divisions covering Africa, the Americas, Asia, and the Middle East. In addition, it includes three thematic divisions on arms, children’s rights, and women’s rights. It maintains offices in Brussels, Geneva, London, Los Angeles, Moscow, New York, San Francisco, Tashkent and Washington. Human Rights Watch is an independent, nongovernmental organization, supported by contributions from private individuals and foundations worldwide. It accepts no government funds, directly or indirectly. The staff includes Kenneth Roth, executive director; Allison Adoradio, operations director, Michele Alexander, development director; Carroll Bogert, associate director; Steve Crawshaw, London office director, Barbara Guglielmo, finance director; Lotte Leicht, Brussels office director; Iain Levine, program director; Rory Mungoven, advocacy director; Maria Pignataro Nielsen, human resources director; Dinah PoKempner, General Counsel, Wilder Tayler, legal and policy director; and Joanna Weschler, United Nations representative. The regional division directors of Human Rights Watch are Peter Takirambudde, Africa; José Miguel Vivanco, Americas; Brad Adams, Asia; Rachel Denber (acting), Europe and Central Asia; Joe Stork (acting), Middle East and North Africa. The thematic division directors are Steve Goose, Arms; Lois Whitman, Children’s Rights; and LaShawn R. Jefferson, Women’s Rights. The program directors are Arvind Ganesan, Business and Human Rights; Joanne Csete, HIV/AIDS and Human Rights; Richard Dicker, International Justice; and Jamie Fellner, U.S. Program. The members of the board of directors are Jane Olson, Chair; Khaled Abou El Fadl, Lisa Anderson, Lloyd Axworthy, David M. Brown, William D. Carmichael, Jorge Castañeda, Dorothy Cullman, Edith Everett, Jonathan F. Fanton (chair, 1998-2003), Michael E. Gellert, Richard Goldstone, Vartan Gregorian, James F. Hoge, Jr., Stephen L. Kass, Marina Pinto Kaufman, Wendy Keys, Robert Kissane, Bruce J. Klatsky, Joanne Leedom-Ackerman, Josh Mailman, Kati Marton, Barry Meyer, Joel Motley, Samuel K. Murumba, Peter Osnos, Kathleen Peratis, Catherine Powell, Sigrid Rausing, Victoria Riskin, Orville Schell, Sid Sheinberg, Gary G. Sick, Domna Stanton, John J. Studzinski, Shibley Telhami, and Maya Wiley. Emeritus Board: Roland Algrant, Robert L. Bernstein (Founding Chair 1978-97), Adrian W. DeWind, Alice H. Henkin, Bruce Rabb, and Malcolm B. Smith. I used to think being gay was just part of my life and now I know it means dark cells and beatings. It is very, very difficult to be gay in Egypt. I’ll tell you something. Some things that happen in your life you can forget. And there are some things that you can never forget, even for one minute. You forget the good times; you may have been happy in a moment, and you forget. But the black days you can’t forget. If it’s inside you, you remember every minute. And [the day I was tortured] was a very black day in my life. … It hurts me to remember. I don’t sleep at all. If I sleep I would dream about the trial. If I have to go back to prison, I will kill myself. What do they want from us? I have no one to talk to, no one to ask. No one who can understand. What do they want from us? Why do they want our lives? —Ziyad (not his real name), a defendant in the “Queen Boat” trial, interviewed by Human Rights Watch in 2003. TABLE OF CONTENTS I. Justice at Stake: An Introduction 1 A. Summary 1 B. Methodology, Terminology 4 C. Creating a Moral Panic 6 D. Key Recommendations 8 II. Homosexual Conduct and the Law: The Conditions for a Crackdown 10 A. Khaled’s Story 10 B. The Development of “Debauchery” 13 C. “Dance, Khawalat, Dance”: Growing Harassment and the Dangers of Community 16 III. Scandal and Stigma: The Queen Boat Trials 22 A. The First Defendant 23 B. “Some Salt in the Dish”: Police Prepare the Case 25 C. “While I was Beaten, Time Stopped”: The Queen Boat Raid 30 D. Detention and Defamation 37 E. Trial and Retrial 41 IV. In the Wake of the Queen Boat: Assaults on Privacy and Community 49 A. Introduction to an Informer: A Birthday Party in Al-Haram 49 B. “Of Course the Police Would Trump Something Up”: A Party in Boulaq Al-Dakrour 52 C. Torture in Damanhour: The “Beheira Perverts’ Organization” 55 D. “I am Broken By This”: An Apartment in Tanta 61 E. Hafez Celebrates Again: Twelve Men in Agouza 65 F. “They Thought That This Was Personal Freedom”: A Wiretap in Giza 68 V. Exploiting Solitude: Entrapment Over the Internet 73 A. Raoul’s Story 73 B. Sex, Lies, and Cyberspace: Identities of an Entrapper 74 C. Arrest and Interrogation 78 D. “The Country of Hate” 81 VI. A Flawed Mirror: Prejudice and the Workings of Justice 88 A. A Moulid in Tanta 88 B. Fear, Loathing, and the Law: The Effect of Stigma 91 i. Surveillance, Arrests, and Harassment 92 ii. Without Protection of the Law 94 iii. Failure of Due Process 96 VII. Bodies and Evidence: The Motives, and Medicine, of Torture 101 A. Shebl and Naguib's Story 101 B. Pressure for Proof, Power of Stigma 105 C. Medical Torture: Forensic Anal Examinations and the Assault on Bodily Integrity 107 i. Medicine and Myth 107 ii. “Dignity” and “Consent” 113 VIII. Conclusions 116 A. Legal Standards 116 i. The Right to Privacy and the Right to Freedom from Discrimination 116 ii. The Right to Freedom from Torture 119 iii. Health Professionals and Torture 120 iv. The Right to Freedom From Arbitrary Arrest and Detention 122 v. The Right to a Fair Trial 123 vi. The Right to Freedom of Expression 124 vii. The Rights to Freedom of Association and Assembly 125 B. Recommendations 125 i. General 125 ii. On Freedom of Expression and Communications 126 iii. On Fair Trials 126 iv. On Arbitrary Detention and Torture 126 v. Recommendations to Other Agencies and Countries 128 APPENDIX: Laws Affecting Male Homosexual Conduct in Egypt 129 A. Relevant Articles of Law 10/1961 on the Combating of Prostitution 129 B. Moral Panic and the Criminalization of “Debauchery” in Egyptian Law 131 C. “Habituality” 135 D. “Advertising” and “Inducing”: Other Provisions 137 E. Police Supervision and Institutionalization 141 ACKNOWLEDGMENTS 144 I. Justice at Stake: An Introduction A. Summary “Every place we were held, somebody beat us,” the twenty-five-year-old told Human Rights Watch. “We asked, why is it us who are getting beaten? It was like they weren’t dealing with human beings at all. … Like we weren’t even animals, just mud or something they could kick around.” Another man said, “They punished me only because of my sexual orientation and they condemned me as a criminal for my entire life. … In brief, they killed every beautiful hope and future I ever had.” A young man in his twenties told Human Rights Watch, “I don’t understand why they do these things to men who hurt no one. I don’t understand why they must hunt us down. …I am a human being. Aren’t I? Tell me that I am. No, I know I am. I just can’t believe this happened to me.” The questions multiplied, but one echoed again and again.
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