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Death Passage Annual Report February 2017 Justice for Human Rights– JHR www.jhrngo.com 1 Violations of human rights in Egypt within 2016, “Extrajudicial Killing, the Independence of Judges and Lawyers, Human Rights Defenders” February 2017 Justice for Human Rights foundation – JHR: An Independent human rights foundation supports justice and protect human rights, operates according to the rules, mechanisms, and systems of International Organization and has a considered partnership with relevant organizations. JHR protects human rights based on international standards endorsed by the United Nations and International concerned Conventions and Covenants, supports and defends the oppressed people. 2 ** Notice: Report sources: - JHR Monitoring and documentation unit. - JHR reports and researches unit. - Some reports from a number of human rights organizations and official web sites. 3 Index Subject Page number Introduction 5 Report’s method 6 Executive Summary 7 Arbitrary executions 8 Statistical table of murder and torture cases 9 Systematic crimes 11 Murder cases that have been monitored and documented 12 Murder cases in Sinai 24 Murder due to medical negligence in prisons and police stations 25 Statistical table of murder cases by medical negligence 26 Examples of medical negligence murder 29 Death sentence cases 31 Table of executed death sentence cases 32 Murder of the taxi driver 34 Murder of the Chancellor’s son 35 Death sentences by Military Courts 41 Case of “Kafr El-Sheikh Stadium” executions 42 Military Case No.174 execution tragedy, the charge is Intention! 47 Execution judges 55 The independence of judges, lawyers and human rights defenders 62 Law of nationalizing the NGOs and restricting the civil society organizations’ 73 activities Summary of crimes and violations of 2016 in numbers 74 Conclusion 75 Recommendations 76 4 Introduction Human Rights, which ensured its protection the International Covenants and Conventions such as the right to life and freedom and other rights, must not be relinquished by anyone, and no violations committed by the Egyptian power should be tolerated. The right to life is an inherent right, and the law should protect this right, no one shall be deprived of his life arbitrarily, and each individual has the right to life, liberty and security. Article no. 59 of the Egyptian Constitution stipulated that: “the safe life is a right for every human being, and the state is committed to provide security and peace for its citizens, and each resident on its land.” The state that raises the value of the law and respects it, and protects its citizens from arbitrary practices is called "state of law", and Egypt is no longer a state of law. Egyptian regime has opened a death passage by extrajudicial killing and death sentences against political opponents and others in unfair trials that were not subjected to international standards, as well as violations of judges, lawyers, and human rights defenders. 5 Report method This report shows the recap of 2016: First: we documents the extrajudicial killing and arbitrary executions which were not subjected to guarantees of fair trials in Egypt through the following: - The definition of arbitrary executions according to the provisions of the International Covenant on Civil and Political Rights. - Statistical table of killing and torture in police stations. - Under the title of “systematic crimes”, identifying the violations of the law by Egyptian police forces and overcoming the Right of Defense stipulated in law. - Show model cases of extrajudicial killing by names, some photographs, testimonies of witnesses, and testimonies of victims’ families, especially whose relatives have been arrested and forcibly disappeared for periods of time and then were killed by Egyptian police. - The definition of murder by medical negligence in prisons and police stations. - Murder in Sinai. - Models of murder cases by medical negligence. - Statistical table of killing by medical negligence cases. - Death sentences in 2016. - Statistical table of death sentences in 2016. - Military cases in 2016. - Fadl El-Mawla’s case, who is sentenced to death. - The murder case of the chancellor’s son. - Stadium Kafr el-Sheikh case. - The military case “174” - Execution judges Second, violations of Independence of Judges, lawyers, and human rights defenders by reviewing following: - Violations to judges and the judiciary. - Abuses against lawyers and human rights defenders, like arbitrary arresting, detentions and travel bans. - Civil society organizations and seizure of the funds and NGOs new law. 6 Executive Summary Monitoring and documenting human rights violations: extrajudicial killing, the independence of judges, lawyers, and human rights defenders in 2016: - Extrajudicial killing from January to December 2016 were monitored 1,100 cases of murder, in addition to implementing death sentence by urgent arbitrary executions. - 52 cases of killing and torture. - 48 cases of killing in prisons and police stations. - 1000 cases of extrajudicial killing were monitored by official army forces in Sinai. - Referring 66 citizens’ cases to the Grand Mufti and issuance of death sentences against 59 citizens in 11 cases. -The death sentence against 15 citizens in two military cases. - 44 judges were dismissed and referred to retirement. - Arbitrary arrests and detention of 12 lawyers. - Illegal travel bans against 17 human rights defenders. Seizure of cash, movable and real estate funds of: 1- Jamal Eid "Director of Arabic Network for Human Rights Information". 2. HossamBahgat, founder of Egyptian Initiative of Personal Rights. 3. Bahi El Din Hassan, founder of “Cairo Institute for Human Rights Studies”. 4- Mustafa AlHassan, director of “Hisham Mubarak” law center. 5. Abdul Hafiz Tayel, director of “Right of Education” center. Seizure of three human rights centers’ funds: 7 1- “Right of Education” center. 2- “Cairo Institute for Human Rights Studies”. 3. “Hisham Mubarak” Law Center. Arbitrary executions Arbitrary execution is the killing of a person by a State agent or any other person acting under the authority or complicity of the Government but without an appropriate judicial process, death sentences issued by courts judgments are also arbitrary executions, if the fair trial guarantees stipulated in articles 14 and 15 of the International Covenant on Civil and Political Rights are not respected. Arbitrary execution is often killing committed in suspicious circumstances characterized by the following: - Death happens to a person in the presence of agents of law enforcement (detained by police officers), public officials or other persons acting in an official capacity. - No official investigation followed the death and the authorities did not carry out an autopsy of the victim's body or took the necessary steps to obtain relevant evidence (medical report, or signs of previous torture). Arbitrary execution includes killing committed for political reasons and death resulting from torture or other cruel, inhuman or degrading treatment and killing in the wake of abduction or enforced disappearance. Extrajudicial killing: The extrajudicial killing occurred between January and December 2016 is varied between, shooting the victim by the Egyptian police forces or the army forces, "especially in Sinai," or as a result of torture inside the police stations or by, medical negligence, lack of health and medical care in prisons and detention places, 52 murder cases and torture were monitored as well as 48 cases of killing in prisons and police stations in addition to implementation of a death sentence by unfair trial plus 1,000 cases of murder in Sinai. 8 Statistical table of murder cases and torture Number Name violation Date Governorate 1 NshaatEssam Mohamed killed 7-Jan-16 Alsharqya Hassan 2 Mohamed MohamedAtwa killed 7-Jan-16 Alsharqya Ahmed Mustafa 3 Maher Abdullah killed 7-Jan-16 Alsharqya ElSayedHussain 4 Mohamed hassan killed 8-Jan-16 Alfayoum Mohamed Mahfouz 5 Mohamed Mahmoud Awad killed 9-Jan-16 Banysweif 6 Mohamed Hemdan killed 28-Jan-16 Cairo 7 Ahmed Galal killed 1-Feb-16 Giza 8 Ahmed Sayed Abdullah killed 7-Feb-16 Giza Ahmed 9 Mohamed Farouq Abu killed 7-Feb-16 Giza Elhassan Ali 10 Abdullah Mohamed Mousa Killed 7-Feb-16 Giza 11 Akram Mohamed Hassan killed 7-Feb-16 Toukh police ElShazly department 12 Abd ElFattah Tortured 12-Feb-16 Giza to death 13 Mohamed Kamal Elgazzar Suffocated 13-Feb-16 Damietta at the police station 14 ElsayedElsayed Abu Killed 26-Feb-16 Damietta ElmaatySaeed 15 Mohamed Killed 26-Feb-16 Shebin El elsayedMosaadBadwy Qanater Police Station 16 Mohamed Ezzat Khalil Tortured 29-Feb-16 Kafr El to death Sheikh 17 Ahmed Moheb Killed 15-Mar-16 Cairo 18 TarekSaadAbdelfattah Killed 24-Mar-16 Cairo 19 SaadTarekSaad Killed 24-Mar-16 Cairo 20 Mustafa BakrAwad Suffocated 24-Mar-16 Cairo 9 at the police station 21 Salah Ali Sayed Tortured 24-Mar-16 Cairo to death 22 Ebrahem Farouk killed 24-Mar-16 Cairo 23 ElsayedElseedy killed 1-Apr-16 Alfayoum 24 Mustafa Hassan Attia killed 2-Apr-16 Giza 25 Mustafa Mohamed killed 19-Apr-16 Cairo AbdelKader 26 Ahmed AbdElmonem Thrown 26-Apr-16 Dakahlia Hassan out of a balcony 27 Badr Shehata Tortured 21-May-16 Borg elarab to death prison 28 ElSaeed Mohamed Ahmed killed 24-May-16 Dakahlia Eltantawyl 29 Ahmed Khalil Killed 3-Jun-16 Damietta EbrahemEzzelden 30 Waleed Hussein Mohamed killed 7-Jun-16 Damietta Hussein 31 Mahmoud Talaat Ahmed killed 7-Jun-16 Damietta 32 Mohamed Abdelhady killed 7-Jun-16 Damietta Mahmoud 33 Kamal MusatfaElmohdy Tortured 7-Jul-16
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