Death Passage

Annual Report February 2017

Justice for Human Rights– JHR

www.jhrngo.com

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.

** 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.

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

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.

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.

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:

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.

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

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 Gharbya to death 34 Mohamed Tortured 11-Jul-16 Giza MohamedAbdelhamedAbd to death elaal 35 Ali Ramadan killed 18-Jul-16 Giza 36 Ahmed Hamed killed 22-Aug-16 Ismailia 37 AmmarGalal killed 26-Aug-16 Alfayoum 38 Ahmed Medhat Kamal killed 29-Aug-16 Cairo 39 Mohamed Alshafey killed 2-Sep-16 Alsharqya 40 EbrahemElHamrawy killed 4-Oct-16 Arish 41 Mohamed killed 4-Oct-16 Cairo MohamedMohamed Kamal 42 Yasser Shehata killed 4-Oct-16 Cairo 43 Hamada Alhennawy killed 9-Oct-16 Monoufia 44 SamehGaber Tortured 14-Oct-16 Gharbya to death

45 Ashraf EdreesAttiaAlqazaz killed 17-Oct-16 Giza 46 MagdyMaken Khalil killed 16-Nov-16 Cairo 47 Mohamed Sayed Hussein killed 6-Dec-16 Asyout 48 AlaaragabOwis killed 6-Dec-16 Asyout 49 AbdelrahmanGamal killed 6-Dec-16 Asyout Mohamed 50 Mohamed Ashour killed 18-Dec-16 Giza 51 TarekMohey killed 25-Dec-16 Monoufia 52 YousefAbdelmaqsoud killed 25-Dec-16 Monoufia

Systematic crimes

As regards killing or, as called by others “assassinations” carried out by the Interior Ministry, as noted, is repeated, the same manner and target political opponents. This makes it a systematic crime, a result of systematic violence practiced by the Ministry of the interior, goes beyond the legitimate defense and the use of force stipulated in article 102 of the Police Act No. 109 of 1971 which expressly granted the right to use force came as follows: "Policemen shall use force upon the necessary needs to perform his duty, if it is the only means of doing so”

The law stipulates that all the following conditions shall be observed: To be the only means of achieving the purpose of the use of force, the police officer must begin warning that he will fire, and then fires, and the shooting is aimed at injury rather than killing and gradually use of arms. According to testimonies of witnesses and victims' relatives, it was found that the police arrests the victim then announce his death in a statement, without investigation by the Public Prosecution.

Murder cases that have been monitored and documented

-On 7January, the Ministry of the Interior announced the killing of three people in the province of Sharkia: 1 - Issam Mohammed Hassan -27 years. 2- Mohamed MohamedAtwa Ahmed Mustafa. 3 - Maher Abdullah Hussein.

The Ministry of Interior’s statement said that: the security forces have raided an apartment falls in the sector of the 2nd police station of 10th Ramadan city, but suddenly faced shooting from inside, hence, the forces had to respond and led to the death of three persons.

-On 8 January, Hurghada Security forces stated that Mohammed Hassan Mahfouz, 21 years was killed. The Interior Ministry’s statement said that, the dead man with another attempted to sneak into a hotel in Hurghada and threaten the guests by white weapons, and when confronted them, the security forces had to shoot them, one person was killed and four tourists were injured.

-On 9 January, "Doctor Mohamed Mahmoud Awad”, 30 years, was killed in Fayoum Governorate.

Fayoum Security Directorate announced his kill, and Fayoum security director “Nasser Al Abd," said that the dead man belongs to Brotherhood group, he is wanted on charges of incitement to demonstrate on the anniversary of 25th January, 2016, and after he was arrested, he resisted one of the officers and tried to escape, so the forces had to shoot him. Witnesses said that the doctor was at his private clinic and when he got out, the security forces arrested him before killing him in front of the clinic.

-On 24 January, Mohammad Hamdan Mohammed Ali, 32 years, an agricultural engineer in Bani Suef, was killed. The Ministry of Interior announced his kill in an exchange of fire in a farm in Beni Suef, but his family denied this statement and said that Mohammed Hamdan was arrested on 10th January from his work in the presence of his co-workers,

and since then he was forcibly disappeared until the Interior Ministry announced his death. Mohammed Hamdan’s family documented the enforced disappearance by sending a telegraph distress to the General Prosecutor of Beni Suef Prosecutions on 10 January 2016, JHR has received copy of same, but no investigation into the disappearance of Mohammed Hamdan was opened.

Hussein Hamdan, the victim’s brother, stated that he has filed a police report number 336/29 in the police department after they denied the existence of Mohammad. He also added that, on 24th January, we were informed to receive the body of Mohammed, who had been kidnapped by the police for two weeks and also testified that he saw traces of torture on the body of his brother "wounds and bruises".

-On 26th January, Hussein Mohammed Radwan Hussein was killed. The Interior Ministry announced that he had committed suicide in prison, but his family reported that he was arrested on 24th January and was forcibly disappeared by the security forces as well as subjected to severe torture at the central security forces’ camp in Zagazig.

-On 31 January, Ahmed Galal, 32 years, was killed as a result of torture. The death of Ahmed Galal, was reported by his family since 19th January, when he was kidnapped and was forcibly disappeared before they were contacted after more than ten days later in order to receive his body, the family have documented the fact of his disappearance by sending official telegraph to the Attorney General and the Minister of Interior, but the case of his enforced disappearance had not been investigated and he was killed as a result of torture by the police forces, also, this murder has not yet been investigated, his family said.

- Killing of "Julio Regini", Italian researcher.

The disappearance of Julio Regini, the Italian researcher was monitored from 25th January to 3rd February 2016, thereafter, his corpse was found with signs of torture and the Egyptian police is being involved in his death as a result of torture, as reported by the Italian forensic, and circulated information in light of conflicted and contradicted statements by the Egyptian official authorities. An autopsy in Italy revealed that the death was caused by a violent blow down the skull, and the Italian ambassador in Cairo, who saw the body in Egypt, said the body showed traces of torture and burns. Italian news agency (Ansa) said, quoting sources close to forensic sources, that breaking the neck made him unable to breathe, and the body has other fractures.

- Five citizens were killed for allegedly killing "Julio Regini". 1 - Salah Ali. 2 - TarekSaad. 3 - SaadSaad Tariq Saad. 4 - Ibrahim Farouk. 5 - Mustafa Bakr. On 24th March, 2106 the Egyptian security forces have killed five young men in a car at Palm Resort, fifth assembly area, Cairo, on suspicion of killing Julio Regini. The Cairo Security Directorate said that a special forces squad killed five young men who formed a specialized gang in foreign citizens’ robbery .The Ministry of Interior announced that, as soon as the forces have arrived at the incident place , the perpetrators started to shoot the forces who responded and killed them all in a taxi "minibus", plate no. (KFR 871), and the police found in their possession a passport and the American University card of the Italian researcher Regini. In a visit by the Egyptian General Attorney, the Italian newspapers "La Repubblica" said on 11th December 2016 that the D/A has informed the Italian investigators that this incident was used to cover the real murderers and the officers who participated in the killing of the five young men were referred to the investigation.

- Killing of Muhammad Kamal, also called, Tareq al-Jazzar due to gas suffocation.

On February 13, 2016, Hawamdiya police station’s officers, Giza governorate, have fired tear gas bombs against the detainees in the custody resulting the death of Muhammad Kamal al-Jazzar. The Ministry of Interior has announced in its statement that they have fired gas bombs to prevent a mass escape attempt, but the eye witnesses and the people have denied this justification and said that gas bombs were fired inside the detention room and there was no attempt to escape. The victim’s brother claimed that a police officer named Mahmoud Abu al-Sa'ud, as well as the interrogation officer Muhammad Awad, gave their orders to officers to fire tear gas bomb against the detainees and the Ministry of Interior refused to release his brother despite the issuance of a court order for releasing him on bail, confirming that his brother died at 4:00am affected by the burns caused by the gas bomb.

- Killing of Sameh Gaber Mabrouk Shaien, 28 years. On 14 February, he was declared dead at the second police station in Tanta and the Directorate of Security of Tanta announced his suicide, but his family denied this and reported that he was killed as a result of torture by electrocution, after being arrested and detained for four days with charge of stealing a laptop, his sister said, she also added that, he was tortured after he refused to admit the charge and he did not attend before the Public Prosecution, except once to file an opposition in a judgment issued in absentia against him, and she accused the police stations’ officers of killing him.

- Killing of 4 citizens in Giza Governorate. On 7 February, the Ministry of the Interior announced that the following four citizens were killed in a house at Koraimat Rd, Giza governorate are: 1- Ahmed Sayed Abdullah Ahmed, 24 years, born in 1992, Al-Ayat, Giza, holds trades certificate. 2- Mohamed Farouk Abou El Hassan, 29 years old, was born in 1987, from Al-Ayat Giza. 3 - Abd Allah Mohammed Abdel Nabi Abdel Hamid, 25 years old, born in 1991, resides at Kafr Sheikh. 4. Akram Mohammed Hassan Al-Shazly, born in 1988, resides at 106 Abbas El Akkad St. El-Fath buildings nasr city, Cairo, oil engineer.

The Ministry of Interior stated that the aforementioned four persons were killed during exchange of fire when the security forces raided a terrorists’ den.

- Killed citizens from Damietta Governorate: Two citizens from Damietta governorate, north of delta, Egypt were killed by the police in two different incidents:

First, on 26th February, 2016, the Ministry of Interior stated the death of two people for belonging to Muslim Brotherhood:

1-Mohamed El Sayed Mosaad Badawy, born in 1988 2-El Sayed Abou El Maaty Said.

From Al-Bassarta village, as per the statement, the Ministry of Interior has monitored, on 26 February 2016 in the morning, the intention of Muslim Brotherhood terrorist group - as stated in the statement - to start a march that has some elements of firearms near the first police station of Damietta and to exploit it in the implementation of a series of violence against the police forces. As soon as they arrived Damietta, they shot the forces who dealt with them, and resulted the death of aforementioned two leaders of the terrorist group.

However, a number of eye witnesses denied the Ministry’s statement, and stated that it was a peaceful demonstration and the police started firing live ammunition at demonstrators. - Moreover, numerous of residents confirmed that one of the deceased, El- Sayed Abu Maaty, resides at Christians district and does not belong to Muslim Brotherhood, neither close nor far, and he is one of the strongest opponents of their thoughts plus he supports President Sisi, he is a cigarette vendor was passing by coincidence near the place.

- Note: The Egyptian security forces have previously arrested thirteen girls from Al-Bassarta village in May 2015, subsequently, anti- regime and police

have escalated the protests. The security forces have besieged the village and dispersed the demonstrators by force, led to kill three young men on 9 May 2015, and since then, the police is using excessive force towards any demonstrations coming out of this village.

Second: On 6th June, 2016, the Ministry of Interior stated that the following three terrorists were killed:

1. Walid Mohamed Hussein, 27 years. 2. Mahmoud Talaat Ahmed, 28 years. 3. Mohmmed Abdel Hadi, 40 years.

A clear contradiction in the Ministry of Interior’s statements was observed, firstly it announced the death of one person and arresting two, then a subsequent statement was issued announcing killing of two and arresting one, thereafter, announcing killing of the three. One of the most prominent inconsistencies observed was publishing a photograph of a killed man does not hold any weapon, thereafter, re-published another photograph of the same deceased holds a weapon, plus publishing a photo of a dead young man on the bed and the other two bodies lying on the floor!!!

Note: Since then, the Ministry of the Interior did not publish any photographs of the raids’ victims of subsequent incidents. Upon searching on both of the official website and the official page of the Ministry of Interior, we found that no photograph has been attached to the

official statements of any raids and led to death after the conflicted photographs of Damietta had been published.

- Killing of El-Sayed Al-Saiedy: He was killed on 24 March, 2016, at Sannoris police station, Fayoum governorate, after he had been badly tortured causing him fractures and contusions in different parts of his body as a result of an altercation between him and the policemen at the police station that escalated into hitting him with sticks and sharp tools.

- Killing of Mostafa Mohamed Abd Al-Qadir, on 19 April, 2016, he killed when a policeman shot him.

- Killing of Ahmed Abd Al-Mon'em Hassan, 33 years. On 15th April, 2016 the security forces of Dakahlia stormed his house, and hit, dragged him, before throwing him from the balcony of the fourth floor in front of his neighbors in 'Meet Al-Akrad' village, Mansoura city, Dakahlia governorate. Consequently, Ahmed had a skull fracture and brain hemorrhage that led to his death on 26th April.

- Killing of Mohamed Mohamed Abd Al-Hameed Abd Al-Aal. On 14th May, he was killed due to torture by electric shocks at the police station of Talbya, Giza governorate. The victim’s father stated that his son was arrested, in front of his house on Thursday 12th May, 2016 by 4 policemen, who found nothing upon searching him, and as soon as he arrived to the police station they alleged he is a drug dealer. Abd Al-Aal's brother said that they were informed that his brother was in intensive care in Haram hospital and when they arrived

to the hospital, they found him dead, and moreover, upon receiving his corpse, traces of torture were shown on his body. Another detainee at the police station’s custody said that Mohamed was dead before transferring him to the hospital, at 02:30 am, and his father also filed a communication to the Attorney General to investigate his murder, the brother added.

- Killing of Badr Shehata, due to torture at Borg El-Arab prison. Badr’s brother said that he was informed of his brother’s death on 21st May, 2016, so he went to 'Kom Al-Dekka' morgue, Alexandria governorate, and saw traces of torture on his brother’s body. The son of the deceased said that his father was brutally tortured to death at the disciplinary cell in Borg El-Arab prison, and he accused the prison administration of killing him.

- Killing of Ahmed Medhat Kamal, a student at the faculty of medicine, Ain Shams University. On 29th August 2016, the Egyptian Ministry of Interior announced the death of Ahmed Medhat Kamal Gado, 21 years, a student of the third year at the faculty of medicine, Ain Shams University, and reported that he died because he threw himself from the balcony of first floor apartment that used for indecent acts, trying to escape, after the security forces stormed the apartment. His family described the story of the Ministry of Interior that it is just lies. Medhat Mohamed Kamal, 52 years, the victim’s father, said that the Ministry of Interior is fully responsible for the death of his son who was tortured to death, and the Ministry is trying to discredit him and denied that Ahmed was at apartment of indecent acts, said the father. He stated also that he saw the body of his son bears traced of electric shocks on his legs and belly "burns", and a skull fracture. The father also added that, Ahmed was arrested once before, on 5th August 2015, and forcibly disappeared for 4 days, then he was brought before the Public Prosecution

and released on a bail of 500 Egyptian pounds in respect of demonstrating without permission case. On 13th February 2016, a judgment was issued in absentia sentencing Ahmed and 3 others to two years imprisonment plus fine EGP. 50,000 in case no.33861/ 2016. Ahmed's father said that when he found traces of torture on his son's body, he proceeded to the General Prosecution premises and reported that there is a criminal suspect in this case and his son was killed, the GP assured him that he will investigate the incident of the killing in addition to the indecent acts’ case as a separate case. On 15th November, 2016, Nasr City misdemeanor court acquitted all the defendants of the indecent acts’ case including the deceased Ahmed Medhat Kamal who was claimed of committing suicide by the Ministry of Interior, and this judgment is a clear evidence of the Ministry’s lies.

- Killing of 2 leaders of Muslim Brotherhood:

1- Mohamed Mohamed Kamal. 2- Yasser Shehata. On Tuesday morning , 4th October, 2016, the Egyptian Ministry of Interior announced the murder of Mohamed Kamal, Muslim Brotherhood guidance bureau member, and his companion in an exchange of fire between them and the security forces on Monday night, 3rd October. The Ministry of Interior stated that " while storming an apartment in Bassateen district, south of Cairo, the security forces were suddenly been shot from the apartment and they had to respond to the shooting source". Fatima Azhraa Ali, the spouse of Yasser Shehata who was killed with Dr.

Mohamed Kamal, said that the forensic report showed that her husband was killed by only one bullet in his head from a short distance, less than 1 meter, she was close to the building where the murder happened, she watched the Police cars surrounding the building and the security forces targeting the balcony of the apartment, where her husband was standing, she tried, invain, to warn him due to the forces rapid deployment, as she said. She also added that her husband had raised his hand up in air as a sign of surrender until the policemen went up to him and took him inside the apartment.

After few minutes she heard shooting, then the officers came and searched her apartment, and scattered its contents to identify her husband. She mentioned also that, after few hours, she thought that the police will come out with her husband and his friend under arrest, but she was astonished when the ambulance transferred their corpses.

Note: The Ministry of Interior did not publish any photograph of the victims at the crime scene.

- Magdy Makeen Khaleel, a fish vendor, who was arrested tortured and beaten to death. On 16th November, Magdy Makeen Khaleel Gerges, Egyptian Christian citizen, was killed at the police station of 'Amerya'. His family said that he was arrested during his work (a fish peddler), by the security forces with no clear reason, and he was tortured to death in a day, his family said. The family also noticed torture traces such as blood showing sexual assaults, hematomas behind his ear, and severe bruises on his back.

On the contrary, the Ministry of Interior stated that he died normally, without torture, due to fainting as he was diabetic.

- Abbas Ahmad Abbas Mahmoud Taha, 30 years, was killed by an officer at Borg El-Arab prison. On November 14th, the officer Amr Omar attacked the criminal prisoner Abbas Ahmad Abbas Mahmoud Taha and beat him to death. Some prisoners' families said that the officer Amr Omar with other soldiers have

attacked the cell of “Execution", beaten the prisoners and caused the death of Abbas Ahmed Abbas.

- The Ministry of Interior has published on 6th December, 2016, on its Facebook page the killing of the following 3 young men:

1- Abd Al-Rahman Gamal Mohamed Abd Al-Rahman, born in 1993.

2- Mohamed Sayed HussainZaki, born in 1983.

3- AlaaRagab Ahmed Oweis, born in 1988.

The three citizens were forcibly disappeared before being killed by the security forces, as said by their families. Abd Al-Rahman’s father said that, his son was arrested on 25th August, in front of a laboratory analysis in 6th October city, Giza governorate, south Cairo, thereafter, he went to the police stations searching for his son and filed a communication to the Attorney General and a telegraph to the Minister of Interior, copy is received by Justice for Human Rights JHR, but he didn't know the place of his son for 72 days, until he knew that he was killed by the security forces in Assuit city.

Zaki’s family stated that he was arrested from a security checkpoint close to Giza city, on 9th October 2016, and he was forcibly disappeared. Hence, his father has filed a police report on 10th October, and also on 11th October, 2016 has sent a telegraph to official and unofficial authorities in Egypt to document the incident.

Thereafter, the Ministry of Interior announced that Mohamed Sayed Hussain was killed, without investigation or trial.

On October 5th, 2016, Oweis’ family sent an SOS message to Justice for Human Rights JHR saying that the security forces had kidnapped their son on September, 2016, and they have sent, invain, telegraphs to the official authorities to know his place.

Although that the aforementioned 3 cases of enforced disappearance were arrested from different places, and were documented by official papers and by the testimonies of their families, the security forces have announced that they were killed in an apartment, south Assuit, which means an arbitrary killing without investigation or fair trial.

-On the morning of 25th December, the Ministry of Interior announced the killing of 2 citizens were involved in the case of killing Dean/ Adel Ragaey and attacking the checkpoint of Al-Agezy, Menofia governorate:

1- Tariq Sayed Ahmed Abd Al-Majeed Gweely, born in 1980.

2- Yosif Mohamed Abd Al-Maqsood Al-Bayoqy, born in 1992.

The security forces have raided a farm at Madaq Al-Gazzar Al-Qebly- Kafr Dawood, at Sadat police station erea, Menofia governorate, and during exchange of shooting, the above mentioned two men were killed.The families of those 2 citizens said that the security forces arrested them a day before announcing them killed.

Note: The Ministry of Interior did not publish the victims’ photographs.

Murder cases in Sinai

People in Sinai Peninsula have been suffering, since 3 years till now, of the enforced displacement, arbitrary detention, enforced disappearance, extrajudicial killing, insecurity, a deliberate media blackout by the Egyptian authorities, and restrictions on human rights organizations, lack of information, hence, it is extremely unlikely to monitor or document all crimes and violations there. In this report, we have gathered the Extrajudicial killing information of Sinai from either the human rights groups that work in Sinai or the official statements of the military spokesman and the Ministry of Interior, or published in the Newspapers. More than 1000 cases of extrajudicial killing were monitored in Sinai as of January, 2016 to December, 2016 shown in the following diagram,:

Murder cases in Sinai

250

200

150

100

0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

military spokesman human rights groups Newspapers

Murder due to medical negligence in prisons and police stations

The Egyptian police stations and prisons have experienced death incidents due to the deliberate medical negligence against prisoners and detainees, which made these deaths "Murders" abnormal ones. Prisoners and detainees, especially patients or elderly, have rights that should be fulfilled by the authorities of these prisons and police stations, regarding medical and health care mentioned in the Egyptian law and Egyptian prison regulations. These rights are stipulated in the Standard Minimum Rules for the Treatment of Prisoners, which was recommended by the United Nations and the United Nations Economic and Social Council approved it, with the title (Medical services) saying that every prison shall have at least one qualified medical officer who should have some knowledge of psychiatry along with providing patients with medications as well as environmental integrity, preventive safety, and proper food.

However, the prisoners and detainees at the Egyptian prisons and police stations are suffering and being killed, the National Council for Human Rights has issued a report in May, 2015, stating that the percentage of the overcrowding at police stations reached 400%, and in prisons reached 160%. The phenomena of dying in custody were vanished for a while and then back again, the report added. In this report, they called for finding an immediate solution to the problem of overcrowding at prisons and detention places, and said that most of the death incidents at prisons are caused by the very bad conditions of health and life there.

In this report, we monitor and document the killing incidents due to Medical Negligence at prisons and police stations during 2016.

Article (10) of the International Covenant on Civil and Political Rights stipulates that: "All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person." However, Egypt has its own rules for the treatment of the prisoners generally, and politicians in particular. However, since January, 2016 to December 2016, 54 were killed in prisons due to deliberate medical negligence.

Statistical table of cases of murder by medical negligence

Number Name violation Date Governorate 1 Helal Mahfouz Medical 1-Jan-16 Wadi Gadeed Mohamed Negligence 2 Galal Mohamed Medical 2-Jan-16 Menia Prison Mohamed Nasr Negligence 3 Alaa Mohamed Medical 2- Jan-16 Meet Ghamr Mostafa Negligence prison 4 Abd Allah Ibraheem Medical 2- Jan-16 Al-Azoly Negligence prison 5 Diaa Al-Dean Nady Medical 19- Jan-16 Aqrab prison Negligence 6 Al-Sayed Abd Al- Medical 19- Jan-16 Menia Prison Haleem Negligence 7 Ashraf Hassan Medical 19- Jan-16 Port Said Shaltoot Negligence prison 8 Mohamed Medical 19- Jan-16 Lazoghly Negligence prison 9 Adel Mohamed Medical 24- Jan-16 Agouza police Mahmoud Negligence station 10 Hussain Mohamed Medical 26- Jan-16 Zaqaziq RedwanHussain Negligence Central Security camp 11 Mohamed Abd Allah Medical 26- Jan-16 Shobra Al- Mohamed Negligence Khema police station 12 ( Felony Accused) Medical 30- Jan-16 Ain Shams Negligence 13 F.S.A. Medical 5-Feb-16 WadiGdeed Negligence prison 14 Accused Medical 6-Feb-16 Sahel Police Negligence station 15 Galal Medical 7-Feb-16 Adwa Police Mohamed Negligence station 16 Mahmoud Al-Mahdy Medical 10-Feb-16 BaniObeed Abo Al-Magd Negligence police station 17 Ahmed A. Medical 4-Mar-16 Gamasa police Negligence station

18 Al-Sayed M. Medical 7-Mar-16 Senbellaween Negligence police station 19 G.H.W Medical 7-Mar-16 BaniSweif Negligence prison 20 IbraheemRizq Al- Medical 10-Mar-16 'Kilo 10.5' Sheheemy Negligence district Central Security camp 21 Sayed Mohamed Ali Medical 19-Mar-16 Menia prison Galal Negligence (high security) 22 Khalaf-A-A Medical 26-Mar-16 BaniMazar Negligence police station 23 Khalid Al-Azhary Medical 1-Apr-16 Tora prison Negligence 24 Mohamed Ghareeb Medical 1-Apr-16 Haram police Mohamed Mubarak Negligence station 25 M.GH. Medical 8-Apr-16 Menia prison Negligence 26 K.F. Medical 9-Apr-16 Wadi Gadeed Negligence (Public prison) 27 Hanafy Mahmoud Medical 12-Apr-16 Menia Public Farag Mohamed Negligence prison 28 Sabry Gad Medical 26-Apr-16 Fayoum Negligence Police station (Second) 29 Hassan Al-Gamal Medical 26-Apr-16 Mansoura Negligence (Public prison) 30 MamdouhBakrShald Medical 27-Apr-16 Burj Al-Arab am Negligence prison 31 Accused Medical 9-May-16 Giza Court Negligence Detention 32 Accused Medical 18-May- Awseem Negligence 16 police station 33 Ahmed Ezat Medical 19-May- Sahil Seleem Negligence 16 police station 34 Sayed Mahmoud Medical 19-May- Abshway Abd El-Aal Negligence 16 police station 35 Fathy Mohamed Medical 10-Nov- Zaqaziq Ismaeil Negligence 16

36 Hamada Abd Al- Medical 20-May- Menia prison Azeez Negligence 16 (high security) 37 Citizen Medical 21-May- Bolaq Al- Negligence 16 Dakroor police station 38 Mohamed.A.M.E. Medical 24-May- Raml police Negligence 16 station (second) 39 Sayed Mohamed Al- Medical 11-Oct-16 Qalyoubia Sayed Negligence 40 Yehia Gad Bayoumi Medical 29-Dec-16 Azoly prison Negligence 41 Hassan Mohamed Medical 27-Jun-16 Maghagha Negligence police station 42 Mohamed Al- Medical 2-Jul-16 Wadi Al- Batrawy Negligence Natroon prison 43 Mohamed Ali Al- Medical 13-Jul-16 Mansoura Shohna Negligence Public prison 44 Ramadan Gomaa Medical 25-Jul-16 Giza Negligence 45 Abd AL-Fattah Medical 15-Jul-16 Qalyoubia Kamal Mohamed Negligence Shehata Khidr 46 IbraheemSalimHash Medical 12-Aug- Damietta eesh Negligence 16 47 Sobhi Abd Al- Medical 1-Sep-16 Cairo HameedOraby Negligence 48 Abd Al-Mone'm Medical 10-Sep-16 Menia prison Abd Al-Azeem Negligence

Examples of medical negligence murder

The most famous diseases that cause death at the prisons due to negligence are, sever drop in blood circulation, liver diseases, respiratory diseases, diabetes, cardiology, gastroenterology, hypertension, nephrology, clots, cancer, appendicitis, in addition to neglected injuries, as the following cases:

1-Galal Mohammed Mohammed Nasr "45 years", died at Minya prison on 2nd January, he was suffering from diabetes, blood pressure and Kidney disease , the prison administration neglected to treat him and didn`t provide him with the necessary medical care.

2-Alaa Mohammed Mostafa "40 years", died at Bandr Meet Ghamr prison, Dakahlia Governorate on 3rd January, he was suffering from C Hepatitis and had a hepatic coma but was not assisted by the prison administration.

3-Ashraf Hassan Shaltot "52 years", died at Turrah prison hospital on 21st January, he was suffering from tumors on the lungs; instead of being transferred to the specialized Oncology Institute hospital, he was placed in a non-appropriate Turrah prison hospital where he was neglected and didn`t have the necessary medical care.

4-Al-Sayed Abd Al-Halim "46 years", died at Menia prison on 22nd January, he was suffering from diabetes.

5-Adel Mohammed Mahmoud "31 years", died on 24th January, he was injured during his detention at the Agouza police station with water on the lungs.

6-Ibrahim Rizk Al-Shehimy "41 years", died at new Giza prison on 10th March, he was a heart patient and suffered severely during his detention, despite his family submitted several medical reports stating that his health had deteriorated so he should be transferred to hospital, the authority refused to do so until his death.

7-Sayed Mohammed Ali Galal "47 years", died at Minya prison on 19th March, he suffered from hepatic fibrosis, his medical condition deteriorated and he wasn`t provided with the necessary medical care.

8-Mohammed Gharib Mohammed Mubarak "66 years", died on 30 March, he was captured after a surgery suffering from a pus all over his body for two types of the most difficult types of bacteria, according to his family statement, and after being in Haram police station in Giza, the security forces transferred him to the hospital then his family knew about his bad death condition.

9-Hassan Al-Gaml, died at Mansoura prison on 26th April, during two years imprisonment he was suffering from medical negligence as a diabetic and a heart patient, and the prison authorities refused to transfer him to the hospital.

10- Mamdoh Bakr Shaldm died at Borj El-Arab prison, on 27th April, after sickness suffering and the prison authorities deliberately neglected his medical condition despite his family’s several requests for his need to treatment and special medical care.

11- Mohammed Al-Batrawi died at Wadi El Natrun prison, on 2nd July, after a severe suffering with C Hepatitis.

12-Abd El-Fatah Khidr "66 years", died at Turrah prison on 16th May after two years of sickness suffering and the obstinacy of prison authorities to treat him, as he was sick by kidney disease, prostate inflammation and backbone pains.

13-Ramadan Gomaa died inside Al-Akrab prison on 25th July after he had leukemia.

14- Abd El-Mene`m Abd El-Azeem died at Minya prison on 9th September.

15-Yahia Gad Baiomy died at Al-Azoli military prison, Ismailia Governorate, on 29th December, after his medical condition deteriorated and did have the necessary medical care during two years imprisonment.

Death Sentences Cases

2016 has passed, and Egypt did not have a positive change concerning imposing death sentences in such cases of political nature. The Egyptian regime is still using execution punishment as a mean for political oppression and a way for silencing his opponents. During three years, in unfair and unjust trails, (787) death sentences were issued since July 2013 to December 2016, and (8) death sentences were implemented in separate cases. In 2016, (59 death sentences) were issued by criminal courts in eleven cases (9 by civil courts & 2 by military courts) these cases is being considered by the Court Cassation. Although the Egyptian cassation court has overruled most of death sentences during the past three years, but yet the death sentence remains a sword slapped on death sentenced necks, the accused shall be re-trailed before a different court circuits other than those issued the death sentence, and they could be subjected to death sentence once again, this is exactly happened in several cases most notably the following:

The case of "Adel Habara”: Adel Mohamed Ibraheem, known as Adel Habara, was sentenced to death in June, 2014 and then the sentence was cancelled by the Cassation Court on 13 June. He was re-tried before another circuit that sentenced him to death once again on 14th November, 2015. , On 10th December, 2016 the Cassation Court formally rejected his second appeal on the ground that, the defendant refused to sing the appeal form. It is well known that the prisoner signs the appeal’s form at the prison, which is suspicious, especially in light of preventing him from contacting his lawyer or his family. Habara was executed on 15 December, 2016, only after 5 days from the Cassation Court judgment without enabling him to present a Presidential pardon!

- The Case, known in media as “Murder of General Nabeel Farrag": In January, 2014, 12 citizens were sentenced to death and this judgment was canceled by the Cassation court. On 30 July 2016, they were retried before another circuit that sentenced 7 of them to death. The Password of accepting these trials, is the "fair trial", as the defendant should enjoy all his rights and guarantees given to him by the law and the International Covenants and Charters, before and during the trial.

Table of cases in which death sentence was executed

No. Case Case No. Governorate Last Number Procedure of Convicted 15663/2013 1 Sedy Gaber Sidi Gaber Alexandria Execution 1 Incidints (Felony) 7-3-2015 2 43/2014 Cairo Arab Sharks Military Qalyoubia Execution 6 (Felony) 17-5-2015 3 Second Rafah 24856/2014 North Sinai Massacre Abo Kbeer Execution 1 (Adel Habara) (Felony) 15-12-2016

Total 8

Table of death sentences cases in 2016:

Date of No. Case Case No. Judgment Governorate 1 2-Mar-16 7 Alexandria 7 Military( Kafr El- 325/2015 Military- Sheikh stadium- Felony students Military Academy) 2 (Revenge) 14494/2015 28-Apr-16 12 12 Awseem crowd 3 174/2015 Military- 29-May- 8 West Cairo 8 Advanced Felony West Cairo 16 Operations 4 Fadl Al-Mawla 27868/2014 5-Jun-16 1 Alexandria 1 Montazah, Alexandria–Felony 5 Spying for Qatar 315/ 2014 Supreme 18-Jun-16 6 6 State Security 6 "ISIS cell in 60/ 2014, North 16-Jul-16 4 Cairo 4 Tanta" Cairo-Felony 7 Murder of the 17583/ 2014, 17-Jul-16 5 Daqahlia 5 chensellor son ( Mansoura Police Mahmous Al- station(first)- Sayed Al-Marly) Felony 8 Omrania violence 14986/ 2013 17-Jul-16 6 Giza 7 9 Murder of Major- 938/ 2014, Giza- 30-Jul-16 7 13 General\ Nabil Felony Farrag- retrial 10 Zaytoon Cell 308/ 2010, Zaytoon- 8-Oct-16 1 Cairo 1 Felony 11 Returned from 580/2886, 2014 5-Nov-16 2 Cairo 2 Libya group Death sentences: 59 Referred : 66

Justice for Human Rights-JHR thinks that these death sentences are violating the human rights because it lacks the international standers of fair trials. All the rights of defendants in these trials are violated, they were arbitrary arrested, and some of them were forcibly disappeared, tortured, enforced to confess false crimes, brought before the Prosecution without a lawyer, and tried before exceptional circuits (terrorism circuits) or military courts.

On the following, some of cases in which the defendants' rights were violated:

"Murder of the Taxi driver", Case No. 27868, 2014, Montaza (First)-Felony, Alexandria governorate.

-Name: Fadl Al-MawlaHusni Ahmed Ismaeil - Date of birth: 3/6/1964 - Address: Ibn Oqeel Street, Victoria, Montaza police station (first), Alexandria, Egypt. -Date of arrest: 15/8/2013 On 6th April, 2016 the competent felony court has ordered to refer the papers of 'Fadl Al-Mawla Hosni Ahmed Ismae'el' to the Grand Mufti, to explore his opinion in the death sentence. At the hearing on 5th June, 2016 'Fadl' was sentenced to death. In this case the Public Prosecution charged 17 defendants and others of; participating in a gathering of more than 5 people which is considered a threat to the public peace, using violence and force, killing 7 persons, and joining to Muslim Brotherhood, as mentioned in the Public Prosecution’s referral order.

His spouse narrates that on 15/8/2013, the police and army forces arrested her husband during his work as an employee in Engineers' Syndicate club in Alexandria, many people have witnessed the arrest process and some of them are willing to testify at the court, but they are afraid of being harmed by the security authorities. Her husband wasn't in the demonstration where the taxi driver was killed, but was in his work, she

added. Since the date of his arrest, he was detained at Borg El-Arab prison in Alexandria.

His lawyer said that the case has been deliberated in the court for several fast and straight sessions, JHR has received a copy of his written defence and evidence proving that Fadl is innocent and others in the same case as well. One of the legal points is that the Public Prosecution referred the defendants with charges that never been told to them during the investigations. Moreover, the legal positions of all defendants are the same, including Fadl, but by no means, the court only sentenced Fadl to death, without explaining the reason. Also the defence presented a CD contains the testimony of the only witness in this case, talking to a TV channel, saying that he knows 2 of the real perpetrators not by names, but if he saw them he will recognize them, and that they are from his neighborhood, but that witness has changed his testimony at the court.

The Chancellor’s son murder

The right to a fair trial has been ensured by the Universal Declaration of Human Rights, as well as the International Covenant on Civil and Political Rights, as it stated that: ' every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.' article 6, paragraph 1 of the International Covenant on Civil and Political Rights. In light of the Egyptian judicial system, that issued too many death sentences, until it scored the first rank in the world, on 17th July 2016, an Egyptian court, Mansoura felony court, 7th circuit has sentenced five Egyptians to death, three of them in his presence, and two in absentia, in case No. 17583/2014 Mansoura police station (first), No. 200/2014 south of Mansoura, known as (The counselor’s son murder case). Convicted who were present at the court:

1- Ahmed Maher al-Hindawi, a student at the Faculty of Engineering, mechanics of the production department 3rd year. 2- Abdul Hamid Abdul Fattah Metwalli, Bachelor of Science and works in programming (owns a computer company). 3- Moataz Billah Ghanem, a student at the Faculty of Commerce, Mansoura University. The court convicted them on charges of murder with premeditation, the establishment of a terrorist group, and possession a firearm and ammunition without a license. The lawyers of the accused said that this conviction based on the suspects confessions extracted under torture and threats of indecent abuse of their wives or sisters and arresting them. Which is considered a grave violation, if proven, a compulsion to confess clearly announces the trial to be inequitable grossly, according to the terms of article 14/3g of the International Covenant on Civil and Political Rights, which stipulated that: 3- In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: (g) Not to be compelled to testify against himself or to confess guilt. The accused families stated that, the defendants were forcibly disappeared and were compelled to confess.

1- Moataz Billah Ghanem

The first arrested one is, Moataz Billah Ghanem, according to the testimony of his family, he has sent a written message from the prison in February 2015, copy received by JHR,, titled 'a testimony after what happened to me and what may happen to others', in which he described the details of the torture, resulted to confession of committing the crime. He reported that he was arrested from his house, the fourth day of Eid Al Adha, 11 October 2014, upon his arrival to the

police station, Mansoura (first), he was blindfolded and handcuffed to his back, and when he was asked about his relationship with the murder, he denied the crime, he was punished to this denial - as he said - by deadly beating and electric shocks in separate places of the body Torture continued daily, but he was not blindfolded at the following times - as described in his letter – enabling him to recognize the officers who tortured him, and they are: Officers/S.A, M.H, M.A. And he continued in his denial of the crime that he has nothing to do with, but officers threatened him that they will arrest his sisters and their husbands, as the following dialog was also in the message: - Your sisters and their husbands are known and we can arrest them in a minute. - Then I said: What do you want, then? - You’ll say that these names (Ahmed Maher, Mohamed Albanna, and Hassan Ahmed) are the ones who killed the son of the counselor, you are the one who gave them this Fatwa, and Abdul hameed Abdulfattah is the one who gave you the weapons, I don’t know these people and have never met them in my life. Then, they wrote all this in a paper and they told me to memorize them saying “memorize this scenario very well.” - In front of the chief of prosecution I denied the accusation, then he called officer\ S.A. He said to him: "Oh S.A. sir, you sent me someone that does not know what to say, I will teach him what to say and talk to you again after I’m done with him...” - I was scared and thought that he was a State Security officer too, so I said: “What do you want me to say? - He said: Say what the officers taught you

1- Abdul Hamid Abdul FattahMetwalli

His wife narrates in a statement sent to JHR , that on the 13th of December 2014, their house was stormed by police forces, and her husband was not at home, and she was taken to the police station after searching the house and her car . They also took 396,000 Egyptian pounds and 20,000 U.A.E. Dirham, which are belonging to his wife, but the chief of detectives/ S.A. tried to force her to say that the money belongs to her husband but she insists that it was hers, then she was released from the police station, and he refused to give her money back, but gave her a note of the amount of the money and signed at the bottom of it. The wife sent us a photograph of that paper. On the 28th December 2014, her husband was arrested from Borg El- Arab Airport, and remained hidden forcibly for – nearly- 9 days, when he was tortured - according to the testimony of his wife - beaten in certain places more than the rest of the body, such as kneel, shoulder and back, he was tortured by electric shocks while being blindfolded.

3- Ahmed Maher al-Hindawi:

On the 4th of February 2015, he was arrested and forcibly disappeared - according to his family- for nine days, suffered during it all kinds of torture; electric shocks, beatings, extinguishing of cigarettes in his body, with the threat of killing him and his family, specifically, his sister - as his sister stated – as she were detained four months before arresting him to force him to surrender, and she reported that he was brought before the public prosecution with no lawyer, and there are many evidences submitted before the court stating that he didn’t commit or participate in the crime.

His lawyers also told us that despite Ahmed was participating in a ceremony in the Cultural Palace, Mansoura on the night of the crime, the court ignored this evidence and did not open an investigation of what he said about being tortured and forced to confess, which are crimes and violations that the court had to investigate - before issuing any provisions in the case – to reach to the full truth.

JHR has monitored the repeated ignorance for the requests to open an investigation in these crimes, in violation of the Constitution, the law and International Conventions concerned, in particular, the International Conventions ratified by Egypt.

The freedom and personal dignity of the defendant, and taking into account the rights of defense are legal parameters that are guaranteed by the Constitution, the law and international charters.

These instruments confirmed that all of the arrested or detained must be treated in a way that preserves their dignity, shall not be harmed physically or morally, shall not be blocked in places other than proved by the law, and the confessions they said under torture or by force shall not be consider valid.

Everyone charged with a criminal offense shall not be compelled to testify against himself or to confess guilt , as he has the right to be presumed innocent until proved guilty according to law, article of International Covenant on Civil and Political Rights.

The prolonged detention in isolation from the outside world, or secret detention, are against the prohibition of torture and other forms of ill- treatment.

Death sentences by Military Courts

The military courts have issued death sentences in 10 cases against 60 civilians, 6 of them were executed, and 54 are waiting for execution. The military courts may enforce discipline and quickly adjudicate cases, but without applying the international standers or rules for trials, including right to defence and right to fair trial, so they don't offer fair judgments.

Death sentences cases issued by the Military courts and now before Military Cassation:

No. Case (as Case No. Governorate Convicted Last Referred known by Procedure citizens Media) 1 43, 2014, Cairo 6 people Arab Sharks – Military- Qalyoubia 7 were 7 Felony Executed 17-5-2015 2 44, 2014, Appeals Port Said - Ismaelia – Port Said 7 Military 7 Military Military-Felony circuit 3 397, 2013, Appeals Ismaelia - Ismaelia – Ismaelia 2 Military 2 Military Military-Felony circuit 4 52, 2015, Military Case Alexandria, Gharbia 5 Absentia 5 Military-Felony 5 174, 2015, West Appeals Advanced Cairo,Military- Cairo 8 Military 8 Operations Felony circuit 6 32, 2015 Appeals Arish- Ismaelia – Arish 1 Military 1 Military Military-Felony circuit 7 411, 2013, Appeals Military Case Ismaelia – North Sinai 16 Military 16 Military-Felony circuit 8 382, 2013, Appeals Military Case Ismaelia – North Sinai 2 Military 2 Military-Felony circuit

9 C1\K 2015, Appeals Military Case Ismaelia – Ismaelia 5 Military 5 Military-Felony circuit 10 325, 2015, Appeals Kafr El- Alexandria , Alexandria 7 Military 7 Sheikh Military-Felony circuit Stadium

Total 60 60

Death sentences of Kafr El-Sheikh Stadium case (the Military Academy Students’ Murder)

Case facts:

On 15th April 2015, an explosive device was detonated in front of Kafr El-Sheikh Stadium, near the room of the gatekeeper, and left 3 students at the Military Academy dead, and 2 injured, while waiting for the bus to take them to their Academy.

In April 19th 2015 the Public Prosecution referred the case to the Military Prosecution who started the investigations and accused 16 civilians of murdering the 3 students, and attempting to kill 2 others by that explosion, adding the charge of joining a banned group in the case No. 325/2015, Alexandria military felony case, known in media as " Kafr El- Sheikh Stadium". On 21st October 2015, the first hearing of the case was held before Alexandria military court, with very fast and successive sessions as usual for the military trials. On 2nd March 2016, the military court sentenced 7 defendants to death, 4 were present, and 3 in absentia:

 Those who were present: 1- Lotfi Ibraheem Ismaeil Khalil 2- Ahmed Abd Al-Mone'm Salama Ali Salama 3- Ahmed Abd Al-Hady Mohamed Al-Sehimy 4- Samih Abd Allah Mohamed Yousif

 Those who were absent: 1- Ahmed Al-Sayed Abd Al-Hameed Mansour 2- Samih Ahmed Mohamed Abo She'eer 3- Fakeeh Abd Al-LateefRadwan Al-Agamy

Violations against the present convicted:

Enforced disappearance become the fastest and easiest weapon of the security forces when dealing with the political opponents of the current regime. Those forcibly disappeared suffer also from physical and psychological torture and forcing them to confess under torture to be trialed for these confessions by the court. The court never initiates investigations regarding these violations. Such violations are capable of getting any case before any court to be thrown out.

Testimonies of the death sentenced families about the enforced disappearances and torture in this case:

The death sentenced families have filed many communications to the Egyptian Attorney General against the police officers and the security forces who kidnapped their sons, before they knew where they are, but no investigations have been opened in these communications.

1- Lotfi Ibraheem Ismaeil Khalil: His mother said that he was arrested in front of a shop at (Shnow village- Kafr El-Sheikh district) on 19 April 2015. Since that date, she knew nothing about her son for 76 days. Then, she was informed that he is at Tanta public prison, Gharbia governorate. In her first visit to him, she saw the signs of torture on his body and he told her that he was threatened to be killed or to harm his family if he didn't confess the false

crime. The investigators, as she described, tortured him horrifically that no human could endure such torture. They strip him off completely, forced him to sleep on his belly, and then shocked him with electricity all over his body including his genitalia. He was put inside a room that called (the Oven) where they hang him in the ceiling of the room from his legs for a long time and keep him in different stress positions like handcuffed him from the back and hang him up the ledge of the door.

2- Ahmed Abd Al-Mone'mSalama Ali Salama His spouse stated: “Abd Al-Mone'mSalama, who is 41 years, was arrested on 20 April, 2015 from his job and was forcibly disappeared. On 6 May, 2015 I knew that he is in the Central Security camp, so I went to visit him and I found him unable to move and has a fracture in his nose and told me ( I almost died several times)"

3- Ahmed Abd Al-Hady Mohamed Al-Sehimy His brother stated: "Ahmed Abd Al-Hady Mohamed Al-Sehimy, who is 29 years old, was arrested on 14th April 2015, a day before the explosion!!! He was with me when he was arrested in a security ambush and I was released, and we couldn't find him since then." After he showed up, he told his family that he was being tortured and beaten badly, and that he was treated very harshly by the security forces.

4- Samih Abd Allah Mohamed Yousif Samih Abd Allah Mohamed Yousif, 32 years, was arrested on 28 August, 2015 at Cairo airport, when he was traveling, and then was forcibly disappeared and tortured too.

After referring the defendants to the military court, according to their confessions under torture, as said by their families, the military court refused to consider all the demands regarding these violations of illegal detention and enforced disappearance, torture while they were forcibly disappeared, or while investigations by the Military Prosecution, unfortunately. The Court didn't consider these important violations which are an affront on the merits of the case and all the charges. The

accused didn't have fair trials because the military court violated all the standers of Fair Trial, the most important violations are:

- There were no investigations regarding enforced disappearance and torture crimes. - The court didn't consider the technical report in the papers, and the testimony of General\ Mohamed Sa'd, director of explosive General Administration in Kafr El-Sheikh directorate who said that it was impossible to donate the explosive with the remote control. - The court didn't consider the eyewitnesses who said that the defendants weren't in the crime scene and have nothing to do with the explosion, as Samih Abd Allah summoned eyewitnesses who said that he was working in 6th of October district in Giza governorate in the time of the crime. An eyewitness said that Ahmed Abd Al-Hady was arrested day before the explosion. Other eye witnesses said that Lotfi Ibraheem was working at the time of the crime, as well.

Justice for Human Rights -JHR thinks that regardless the nature of the case and the political circumstances of it, the human rights comes above all of that, no matter what are the circumstances or who are the defendants, his gender, his color, his religion, or his political opinion. In all cases, the defendant has to enjoy rights and guarantees during his trial, and before as well. From the very first moment of the detention, the defendants shall be treated with the proper, humane treatment as stated by the law and all the international covenant and charters, especially the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.

The defendants were subjected to several violations in this case in contrary to the national law and the international standers:

1) Arbitrary detention in contrary to the law, the constitution, the Universal Declaration of Human Rights in article 9 and the International Covenant on Civil and Political Rights in article 9 :

Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.

2) Enforced disappearance that occurs when persons are arrested, detained or abducted against their will or otherwise deprived of their liberty by officials of different branches or levels of Government, or by organized groups or private individuals acting on behalf of, or with the support, direct or indirect, consent or acquiescence of the Government, followed by a refusal to disclose the fate or whereabouts of the persons concerned or a refusal to acknowledge the deprivation of their liberty, which places such persons outside the protection of the law, as stipulated by the Declaration on the Protection of All Persons from Enforced Disappearance which states also that No one shall be forcibly disappeared in article 1.

3) Torture and use force to make defendants confess : Violates the article 5 of the Universal Declaration of Human Rights which stipulates that: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. And the International Covenant on Civil and Political Rights in article 14\3\g stipulated that: In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: (g) Not to be compelled to testify against himself or to confess guilt.

Military Case No.174 Execution tragedy, the charge is Intention!

The military trials of civilians in Egypt, is exceptional trials conducted by a court composed of military officials, to deal with crimes that had been transmitted to them from the Public Prosecution office , in application of the resolution the law 136 of 2014. As many of the civilians cases are judged by military courts, the number of death sentences against civilians are increasing that it reached 59 civilians sentenced to death and 1 civilian’s papers is referred to the Grand Mufti, in preparation to sentence him to death as well, in 10 cases, since 2013 until 2016.

On 29th May 2016, an Egyptian military court issued death sentences against 8 civilians, six of them in presence, and two in absentia in case No. 174/2015 West Cairo military felony court, known as "Advanced Operations".

On 4th July 2016, 'Amnesty International' has issued a statement titled (Urgent Action), in which it appealed to Egyptian Minister of Defense, to stop the implementation of this provision, issued in military case no 174, and not to ratify it , called for a retrial of the accused before the civil justice, and described this provision as unfair provision.

However, Egyptian Minister of Defense on 21 August 2016 ratified this provision, and the defendants were forced to sign this ratification, to begin their schedule of appeal, until they reached the last degree before the

Military Appeals Chamber, with the possibility to have the same fate of the case of Arab Sharkas.

Injustice military trial, based on 'Confessions' extracted under severe torture:

According to the families of the defendants in the case, they all have been subjected to a process of arbitrary detention by the authorities. They also have been prevented from communicating with their lawyers and their families for a long time as they were forcibly disappeared, and they suffered from the worst kinds of torture, physical and moral, to force them to confess the crimes. Despite the fact that the compulsory self-incrimination, was enough to prove the invalidity of the trials, as well as depriving the accused of the right to a civil and fair trial that is guaranteed by the constitutions , laws, and the international covenants and charters. In the determination of any criminal charge against a person, everyone shall be entitled to the following minimum guarantee, in full equality “Not to be compelled to testify against himself or to confess guilt.” article.14\3g of the International Covenant on Civil and Political Rights.

 Defendants sentenced in their presence : 1- Ahmed Amin Ghazali- a student in the faculty of Dar Uloom. 2- Abdul Basir Abdel Raouf Abdel Mawla- a student in the Marine Academy. 3- Mohammad Fawzi Abdel Jawad - electrical engineer. 4- RedaMo’tamedFahmi – A chemist 5- Ahmad Mustafa Ahmad Mohammad – free business 6- Mahmoud al-Sherif Mahmoud - production mechanics engineer  Defendants sentenced in absentia : 7- Abdullah Nour al-Din Ibrahim - a university student. 8- Ahmed Abdel Basset Mohammad Mohammad - lecturer at the Faculty of Science, Cairo University The military court found all defendants were guilty in this case of the following crimes:

Joining a group that is established in contrary to the provisions of the law, and participated in the crime of the possession of firearms and ammunition without a license to use them in activities that harm the public security, by instigating, consent and assistance. It is worth mentioning, that the number of the suspects in this case are (28 people), the court has acquitted two, sentenced 12 to life imprisonment, sentenced 6 to 15 years of rigorous imprisonment, and sentenced 8 to death ( 6 present, 2 in absentia). The lawyers of the defendants said that their clients did not obtain all the safeguards and standards of fair trial, particularly being tried before their competent judge. The fair trial is a fundamental right of human rights, recognized and stated in many International human rights Covenants, such as the American Convention on Human Rights, article 8, the African Charter on Human and Peoples' Rights, article 7, the European Convention on Human Rights, article 6, and the International Covenant on Civil and Political Rights, article 14.

The families’ testimonies of those who were sentenced to death in their presence:

. Ahmed Amin Ghazali : A student at Dar Uloom faculty, 22 years, was disappeared for 44 days and was arrested at Almaady metro station on 28 May 2015. His family said that they knew what happened to him through an eye witness who was there when he was arrested. His cell phone was lost and found by this witness who dialed the last log number. One of Ahmed’s friends answered and she told him that she witnessed a group of security forces in civil and official uniforms arresting, beating, and dragged him blindfolded into minibus.

His mother said “we couldn’t see him until he was referred to military court at “Al Hay Al Asher” Tenth district, and this was the first time I saw him since he was arrested’.

His family said “ when the forces was delivering Ahmed and his friends to Torah prison, the prisons’ doctor refused to receive them and said that they should be subjected to forensic as there were hitting traces on their bodies, but the security forces ordered the prison administration to receive Ahmed and his friends without medical reports.

During this period, 44 days, Ahmed was blindfolded, hanged while his hands were up and his legs were tied to heavy things down, and suddenly he was forced down. They were hitting him with a flaming cloth bag and covering his face, and spilling water on him while sleeping.

. Abdul Basir Abdul Raouf : A student at Marine Academy, 20 years, disappeared for 12 days and was arrested at public road on 26 May 2015. He was exposed to random arresting, arbitrary detention and enforced disappearance as he was going to one of his friends’ house. His family delivered reports to Attorney General but there was no investigation about his disappearance on the night of his exam” Abdul Basir was threatened of killing, his family said “when he was asked to sign on a record without investigation and he refused, he was threatened, ‘if you didn’t sign, we shall do as we have done to Islam Atito and you will not be able to prove that you were here”. Moreover, he was blindfolded and hand-tied during the 12 days and suffered from electric shocks in different places of his body. When he was delivered to Torah prison, the administration of the prison refused at the beginning to receive him as there were hitting traces on his body but after that they agreed to receive him. His mother also saw the hitting traces on his body.

. Mohamed Fawzi : An electronics Engineer 23 years, disappeared for 20 days and was arrested from his house at “Hadayeq Helwan”, Cairo. His family narrated the details of Mohamed’s detention from his house as he was alone. His family said: “They stormed the house at 2.30 am and took him blindfolded and handcuffed in minibus.” After 20 days he was found at the appeal prison. The family added that he suffered from electric shocks and hitting.

Moreover, wounds were found on his body as a result of severe beating and he was forced to confess a crime he never did.

. Reda Mo’tamed A Chemist of 37 years, disappeared for 20 days and was arrested from his house on 1st June 2015. His family said “the house was stormed by security forces who frightened his girls, broke the contents of the house and took him to unknown place for 20 days.

“ After that, his family knew that he was suffering from hitting, psychological torturing and killing threatening to confess a crime he didn’t commit.

. Ahmed Mustafa Ali A businessman, 41 years, disappeared for 18 days and was arrested from his work on 30 June 2015. His family narrated the incident and said that on 30 June 2015 he was arrested from his work, they didn’t know about the matter and he was disappeared for 18 days until he was referred to the military court. He

suffered from hitting and traces of torture were clear on his body and the military court did not allow him to prove the hitting traces.

. Mahmoud Alshreif A mechanical engineer of 29 years, was disappeared for 14 days and was arrested at Dahab mall, Helwan on 1st June 2015. The details of the accident were narrated by his family,” he was arrested at night, thereafter, we knew that he was at Dahab mall, Helwan. While he was having a telephone call, suddenly 16 persons gathered around him, grappled and took him from Dhab mall to Military Intelligence directly”. His family added that, Mahmoud knew that he was in Military Intelligence because they told him so. He spent there 14 days as he was exposed to unbelievable torturing.

At that time, we were searching for him everywhere and at the police stations and we delivered a report to the Attorney General, in vain. 14 days after he was arrested, he was referred to Torah prison on 14 June 2015. His mother also added that, Moataz, Mahmoud’s brother, was studying at military technical college since he was 12 years old and when Mahmoud was arrested, Moataz has been working at the Military for 13 years. When they arrested Mahmoud and took him to Military Intelligence, they arrested Moataz too on 3 June to press on Mahmoud. They took Moataz to military intelligence and he also was exposed to torture and they allowed Mahmoud to see his brother while he was tortured”. His mother added” Dyaa, Mahmoud’s younger brother, was arrested from home at the day of physics exam at 11 pm and he was investigated about Mahmoud’s case. They threatened Mahmoud of his two brothers, Moataz and Dyaa, and tortured his two brothers in front of him to enforce him to confess. Moataz said that Mahmoud was exposed to sever torture to the extent that his back is full of hitting traces. He was electric shocked and hand-tied hanged”.

These were the circumstances of 174 military case. According to the trial that was based on confessions which were given under torture, with false accusations, eight Egyptians are sentenced to death, six of them were present. They were accused of the charge of their intention to commit crimes, a new type charges, which has nothing to do with the judicial and legal norms. This confession, one of the most important evidences in law, came as a result of the use of force, it was under torture, physical and moral coercion, and death threats.

Such confession is considered null and void, and could not be treated as an evidence to convict them or, more important, to sentence them to death.

When the court refrains from opening an investigation to prove whether the allegations of torture are true or not, it is a prove of violating the guarantees and standards of fair trial, as stipulated in all the texts of laws , constitutions, and international covenants and conventions, in addition to the violations mentioned before, the trial of civilians before military courts, which are internationally classified as exceptional and its provisions are non-recognized , caused the defendants to lose another guarantee of fair trial safeguards, which are stipulated in all Laws, Constitutions, and International Covenant and Conventions , urging the necessity of stopping the implementation of death sentences by the Egyptian military court and the retrial of the defendants in the military case No. 174, and other military cases of civilians, and retry them before the competent civil judge.

Summary of the case

- The military prosecution has accused 28 defendants in this case, 19 of them are detained, and the rest were either released or have not been arrested yet, they were all sentenced to death, 6 only were present in the court.

- The incidents of the case are from the military intelligence investigation’s memo, which is conducted by the officer Hani Sultan who arrested some of the defendants according to information he had about a terrorist cell that

follows some important figures and prepare a plan for some vital buildings in the country.

- The defendants were brought to trial on charges of joining a group that is established in contrary to the law and participating in a conspiracy to commit sabotage crimes and getting secret information of defense secrets (outline of Algalaa military hospital) also the possessing firearms and explosives.

- The defendants were arrested in May 2015 and early June 2015 and remained hidden forcibly until 15 June 2015. They were forced to confess those crimes in the office of the Military Procurator. When they were arrested, the forces did not find any of the things mentioned in the papers.

- It is also reported that the doctor of the prison, due to the brutal torture and their bad condition, refused to receive them.

- As for the trial, when the defense requested the official records to be disclosed to the case, in order to know the schedule of the defendants’ entry and departure, the court rejected their request and the exhibits were not shown in the presence of the defendants and their lawyers.

- The whole case is built only on the investigation’s memo. Moreover, when the officer, who conducted this investigation, was asked whether there were any specific incidents of the crimes that the defendants have committed, he denied.

Execution Judges

Names of judges who overstated in issuing death sentences is attached hereunder

No. Judge/ Chancellor Cases with death Number of sentences Convicted 1 Chancellor\ Mohamed Nagy Shehata 7 240 2 Chancellor\ SaeidSabry 1 183 3 Chancellor\ Shaaban Al-Shamy 4 144 4 Chancellor\ SaeidYousif 1 37 5 Chancellor\ Salah Hreez 2 21 6 Chancellor\ Osama Abd Al-Zaher 5 15 7 Chancellor\ Mohamed ShereenFahmy 3 15 8 Chancellor\ NabeelSaleeb 1 12 9 Chancellor\ Hassan Fareed 3 11 10 Chancellor\ Hussein Qandeel 1 11 11 Chancellor\ MoatazKhafagy 3 8 12 Chancellor\ Fathy El-Bayoumy 2 8 13 Chancellor\ Hafny Abd Al-Fattah 1 8 14 Chancellor\ Fotoh Al-Sayed Allam 1 5 15 Chancellor\ GamalAqrab 1 3 16 Chancellor\ Gaber Khalil 1 1 17 Chancellor\ Adel Al-Shorbagy 1 1

Chancellor/ Mohamed Nagy Shehata

No. Case Case No. Number Date Referred of Defendants Convicted 1 Istiqama Mosque 11818, 2013, 6 30/8/2014 14 Incidents Giza- Felony 2 Kerdasa police 12749, 2013, 183 2-Feb-15 183 station Kerdasa- Felony 3 Ultras Raba'wy 3612, 2014, 1ST 2 10-Mar-15 2 October-Felony 4 Kerdasa police 11010, ,2013, 22 20/4/2015 22 station (2) Giza-Felony

] Rab'a Operation 2210, 2014, 14 4-Nov-15 14 room Agouza – Felony 6 Awseem Crowd 14494, 2015 12 28-Apr-16 12 7 Sheikh Zayed 3388, 2014, Giza- 1 24/5/2015 1 Felony Death sentences: Referred: 248 240

Chancellor/ SaeidSabry

No. Number Date Referred Case Case No. of Defendants Convicted 1 Adwa Center- 2322, 2013, Adwa 183 21\6\ 683 Menya administration, 2014 documented by No. 300, year 2014, Adwa- Felony Death sentences: Referred: 683 183

Chancellor/ Shaaban Al-Shamy

No. Case Case No. Number Date Referred of Defendants Convicted 1 Cell of the Suez 119, 2013, 26 19\3\2014 26 Supreme State Security 2 communicating with 3 \2\2015 4 al-Qaeda 3 communicating with 56458,2013 16 16\6\2015 16 Hamas nasr city 4 escape from Wadi Al- 56460,2013 99 16\6\2015 105 Natroun prison nasr city Death sentences: 144 Referred: 151

Chancellor/ SaeidYousif

No. Case Case No. Number of Date Referred Convicted Defendants 1 Matai-Menya 8473, 2013, MataI,Menya- 37 28\4\2015 528 Felony Death sentences: 37 Referred: 528

Chancellor/ Salah Hreez

No. Case Case No. Number Date Referred of Defendants Convicted 1 Adel Habara 24856, 2014, 9 26\5\2015 9 Abo Kbeer- Felony 2 ISIS Case- 51717, 2014, 12 12\9\2015 12 Zaqaziq MenyaQamh- Felony Death sentences: 21 Referred: 21

Chancellor/ Osama Abd Al-Zaher No. Case Case No. Number of Date Referred Convicted Defendants 1 Mansoura- 24977, 2013, 1 18\5\2015 4 AmerMosa'd 1 Mansoura- Felony 2 Mansoura- 25691, 2013, 1 18\5\2015 1 AmerMosa'd 2 Mansoura- Felony 3 Mansoura 9852, 2013 0 18\5\2015 1 AmerMosa'd 4 Police Gatekeeper 16850, 2014, 9 9\7\2015 10 Murder- Mnasoura Mansoura- - 4 Felony 5 Deterrent Cell, 14950, 2013 4 7\9\2015 5 Mansoura 3 Death sentences: 15 Referred: 21

Chancellor/ Mohamed ShereenFahmy

No. Case Case No. Number Date Referred of Defendants Convicted 1 Adel Habara- Rafah - 7 18\5\2015 35 (2) 2 ZAWAHRY 4757, 2014, 10 18\5\2015 10 Misr El-Gdeeda- Felony 3 Spying for Qatar 315, 2014, 6 18\5\2015 6 Supreme State Security Death sentences: 23 Referred: 51

Chancellor/ NabeelSaleeb

No. Case Case No. Number Date Referred of Defendants Convicted 1 General\ Nabeel 938, 2014, 12 8\6\2014 12 Farrag Murder 3 Giza- Felony Death sentences : 12 Referred 12

Chancellor/ Hassan Fareed

No. Case Case No. Number Date Referred of Defendants Convicted 1 Blocking 2027, 2013, Qalyoub 10 7\5\2014 10 Qalyoub administration, road documented by 1185, 2013, Qalyoub – Felony 2 Zaytoon 628, 2010 1 8\10\2016 1 Cell 3 Group of 580\2886, 2014, 0 5\11\2016 2 who Matarya Police

returned station- Felony, from documented by Lybia 7016, 2014, East Ciaro(Public) documented by 25, 2014, Supreme State Security documented by 10, 2015, Supreme state security-Felony Death Sentences : 11 Referred: 13

Chancellor/ Hussein Qandeel

No. Case Case No. Number Date Referred of Defendants Convicted 1 ISIS Cell in Tanta 60, 2014, North 4 4\9\2016 4 Cairo- Felony, 12, 2014,,Supreme State Security 2 General\Nabeel 938, 2014, Giza- 7 13 Farrag Murder 3 Felony Death Sentences : 11 Referred: 17

Chancellor/ MoatazKhafagy

No. Case Case No. Number Date Referred of Defendants Convicted 1 Armed attack- 4338, 2014, 5 28\9\2014 5 Church of the Giza –Felony, Holy Virgin- documented October Cell by 83, 2014 2 Moqatam 2414, 2013, 4 28\2\2015 4 incidents Cairo 3 Adel Habara- 7 16 Rafah (2) Death Sentences : 16 Referred: 25

Chancellor/ Fathy El-Bayoumy

No. Case Case No. Number Date Referred of Defendant Convicted s 1 Kerdasa Cell Giza-Felony 2 7\4\2015 2 2 Omranya Violence 14986, 2013 17\7\2016 7 incidents 6 Death Sentences: 8 Referred: 9

Chancellor/ Hafny Abd Al-Fattah

No. Case Case No. Number of Date Referred Convicted Defendants 1 Smalout incidents 9310, 2014, 8 15\9\2015 8 Smalout-Felony Death Sentences: 8 Referred: 8

Chancellor/ Fotoh Al-Sayed Allam

No. Case Case No. Number of Date Referred Convicted Defendants 1 Murder of the 17583, 2014, 5 17\7\2016 5 son of the Mansoura Chancellor\ police Mahmoud Al- station(first), Sayed Al- documented Marly by No. 200, 2015 (Public), South Mansoura Death Sentences: 5 Referred: 5

Chancellor/ GamalAqrab

No. Case Case No. Number of Date Referred Convicted Defendants 1 Raba'a Dispersal 20091, 2013, 3 28\9\2015 3 incidents in "Bab Sharqi" Alexandria (Northern Door) Death Sentences: 3 Referred: 3

Chancellor/ Gaber Khalil

No. Case Case No. Number of Date Referred Convicted Defendants 1 Fadl Al-Mawla 27868, 1 5\6\2016 1 1781\2014,Montaz ah first, Public, East Alexandria Death Sentences: 1 Referred: 1

Chancellor/ Adel Al-Shorbagy

No. Case Case No. Number of Date Referred Convicted Defendants 1 Sidy Gaber 15663, 2013, 1 19\5\2014 2 incidents Sidy Gaber- Felony Death Sentences: 1 Referred: 2

Independence of judges and lawyers (and human rights defenders)

The independence of judges and lawyers (and human rights defenders) is considered a basic and genuine guarantee to protect human rights from violations, (joined by activists, human rights defenders and non- governmental organizations, as they are the title of justice and truth), but the Egyptian regime have practiced flagrant violations to the independence of the judiciary,"NGOs", lawyers, and assault on the freedoms and rights of human rights defenders and civil society organizations.

 Violations against judges:

• On May 11, 2016, 44 judges were dismissed and retired by the Presidential Decrees Nos. 192, and 193 of 2016, after being referred to a disciplinary trail in two political cases, one of which is known as “Judges for Egypt”, and the other known as the “Statement Judges”, referring to a statement about “Rabaa al-Adawia” sit-ins. Some of those judges have questioned the legitimacy of the trials’ procedures they were subjected to, some of them were deprived of defending themselves while others were surprised by the unlogic accusations against them, and their appeals were rejected by higher instructions, they said.

 Exceptional Judiciary:

- Terrorism circuits: Under article No. 97 of the Egyptian Constitution 2014 “ no one shall be tried except in front of his normal judge as exceptional courts are banned, but on 23rd December, the Minister of Justice issued a Decree No. 10412/ 2013, to specify criminal circuits to consider the terrorism cases, and on 26th December the head of Cairo appeal court decided to form special circuits in Cairo consisted of judges who were chosen from criminal courts, called as (Terrorism circuits), to prosecute the anti-regime, in contrary to the decision of the General Assembly of the court of appeal judges to distribute the judicial work according to Judicial Authority Law No. 46/1972. Therefore, every appellate court in Egypt has specified also one

or more circuit to consider the terrorism cases. Legally, to choose a particular court or a particular judge to consider a particular is illegal, and represents a waste of the original basis of judiciary and the Judiciary Act. These courts have issued a massive mass death sentences and imprisonment.

 Referring civilians to military courts:

Military courts in Egypt are exceptional courts conducted to consider the military crimes that referred by the Military Public Prosecution. Since 3rd July 2013, the Egyptian regime has sought to expand the trial of civilians before the military courts, this expansion was codified when the Presidential Decree No. 136/2014 was issued for protecting the public facilities and referring its crimes to the military judiciary, instead of the emergency law. Consequently, more than 10,000 civilians have been referred to the military trials, with hundreds of imprisoning punishments as well as death sentences. It is unimaginable that a State, under one constitution and one law, has two different judicial systems, one civilian with broad competence, but does not try the militarians, whereas the military courts do try the civilians! Article 204 of 2014 Constitution - formality - grants the military judiciary independence, which provides that: “The Military judiciary is an independent". Based on this provision, the military judiciary became a judicial body that applies to its judges, "the armed forces officers", the provisions of the civilian Judicial Authority Act, concerning the rights and duties of judges. Although it is stated that the military judiciary is an independent judiciary, the last paragraph of Article 1 of the Military Judicial Code says: "The military judiciary is based on the Ministry of Defense." Accordingly, the law required that an administrative body be established by the Ministry of Defense, to organize and manage the military judiciary, Which clearly detracts the independence of the military judiciary, despite the provision of its independence, and this text is unconstitutional for its apparent contradiction with the Egyptian constitution.

- Holding the trial sessions in the headquarters of the Ministry of Interior:

Extra-judicial trials are still held both at the headquarters of the Police Academy or within the Institute of Police Secretaries in Tura- at the south of Cairo, which is the headquarters of the Egyptian Ministry of Interior, and from July 2013 until now, which is contrary to the principle of the independence of the judiciary. In addition, a number of lawyers and families of the accused were denied access to the hearings without a permit.

 Violations of lawyers and human rights defenders

The Egyptian authorities have attacked the freedom of lawyers and human rights defenders either by arrest and arbitrarily detention or by charges in cases, on trumped-up charges or imprison sentences, or by travel bans, it has been monitored assaulting the freedom of 217 lawyers since July 2013, until the end of 2015, continuing the serial of systematic assault on the freedom of lawyers and human rights defenders during 2016, wherein we present a list of lawyers have been arrested, as we have monitored:

On 8 March 2016, Eslam Salama, lawyer, Algharbya governorate.

On 22 April 2016, Haitham Mohamaden, lawyer and activist.

On 25 April 2016, Ahmed Abdallah, lawyer and the head of Egyptian commission for rights and freedom

On 5 May 2016, Malek Adly, lawyer.

-On 18 May 2016, Mena Thabet, human rights researcher at Egyptian commission for rights and freedom.

-On 11 August 2016, Ibrahem Alzareef, lawyer, a board member of the Egyptian Bar Association.

-On 14 August 2016, AymanAwyan, lawyer, member of “Dostor” party and human rights activist.

-On 30 August 2016, Mohamed Mahmoud Sadiq, lawyer and human rights researcher was arrested at Giza train station, and was taken to unknown place, and his family or lawyers did not locate him for three months until he was put in a case of murder attempt during his disappearance.

-On 14 September 2016, Rizq Al-Muqamar, lawyer, Al-Behira governorate

-On 14 September, Hamada Miftah, lawyer, Al-Behira governorate.

-On 21 September 2016, Yasser Talaat, Lawyer, Al- Behira governorate

-On 11 November, Lawyer Mohammed Abu Hussein , Al-Behira governorate and a former board member was arrested and charged of demonstrating without a permit, and was acquitted with other nine defendants on 21 December.

-On 4 December, Lawyer Tariq al-Shabaan was arrested at the Kafr El- Sheikh criminal court hall.

-On 5 December 2016, Helwan public Prosecutor issued an order to arrest and bring 7 lawyers

-On 6 December 2016, Mohammed Ramadan, lawyer and jurist at Alexandria governorate.

On 8 December 2016, the security forces arrested Usama Mohammed Mohammed Morsi from his home, and try him in case of the Rabaa al- Adawiya sit-in, he is a member the defendants’ defense team of this case.

-On 18 December 2016, Ali Abbas, Monofiya governorate, was abducted and subjected to enforced disappearance until 23 December, he was tortured and his health was deteriorated.

 Travel ban: The following human rights defenders were illegally banned from traveling abroad in 2016:

1- On 4th February, Gamal Eid, lawyer, director of the Arabic Network for Human Rights Information.

2 - On 23rd February, Hossam Bahgat, a founder of Egyptian initiative for personal rights and activist, was traveling to Jordan.

3. On 27th February, Hossam El-Din Ali, President of the Egyptian Democratic Institute, he was traveling from Cairo airport to USA, the security services prevented him for the second time.

4- On 26th May, Mohamed Zare, a human rights activist, was traveling from Cairo International Airport.

5- On 20th June,Huda Abdel Wahab, director of the Center for the Independence of the Judiciary, was traveling from Cairo International Airport to Norway for attending a human rights conference.

6- On 27th June, Mozn Hassan, activist, director of the Center for Feminist Studies, was traveling to Beirut.

7- On 14th July, Nasser Amin, a board member of the National Council for Human Rights, was traveling from Cairo.

8- On 2nd November, Malik Adly, a human rights defender, lawyer. , the Security forces at Cairo International Airport prevented him from traveling to Paris after he was released.

9- On 15th November, Azza Soliman, a human rights defender, was traveling from Cairo International Airport.

10- On 15th November, Ahmed Ragheb, a human rights defender, Lawyer, Was traveling to Morocco.

11. On 23rd November, Aida Saif Al-dawla, a human rights defender at Nadim Center for the Rehabilitation of Victims of Violence and Torture. , Security agencies prevented her from traveling to Tunisia to attend a conference of organizations working to rehabilitate victims of violence in North Africa; she was prevented from traveling without giving reasons.

12- On 28th November, Abdul Hafiz Tayel, head of Right to Education Center, was traveling to Kuwait.

 Funds’ seizure:

On 17th September, the seizure order was upheld on cash, movable and real estate funds against the following persons:

1. Jamal Eid, director of Arabic network for human rights information. 2. Hossam Bahgat, a founder of Egyptian initiative for personal rights. 3. Bahi El Din Hassan, a founder of Cairo Institute for human rights studies. 4. Mustafa Alhassan, director of Hisham Mubarak law center.

5. Abdul Hafiz Tayel, director of right to education center.

Also the seizure order was upheld on the funds of three rights centers, namely:

1. Center for the right to education. 2. Cairo Institute for Human Rights Studies. 3. Hisham Mubarak Law Center.

A law that nationalizes NGOs and restricts the work of civil society organizations

In November 2016, the Egyptian parliament passed a new law regulating the work of NGOs and the civil society organizations, described by Amnesty International in its 19th November report, as the most repressive law of rights groups and that ratification means the death of human rights organizations in Egypt, and demanded the Egyptian authorities not to ratify this law.

The new law contains many articles in violation of the Constitution and Covenants and International Conventions ratified by Egypt, and the articles of this law nationalizes civil and legal associations and puts the power in hands of executive power. In addition, the law is exaggerated in penalties of freedom and financial fines, and we have monitored the following violations:

- Violation of the provisions of Article 93 of 2014 Constitution regarding the freedom of establishing associations as soon as the notification is given, it allows the executive branch to regulate matters that are considered fundamental issues related to the exercise of the right of association for ministerial decrees without including provisions that ensure that these decrees are in compliance with the essence of the right that doesn’t violates international conventions.

- Compelling associations to abide by a form of the basic regulations of associations and not to violate it, in violation of the international standards that grants associations the freedom to establish their statutes.

- The law in its articles prohibits associations and organizations from conducting opinion polls, publishing or making available results or field research or presentation of the results before being presented to them to ensure its integrity and neutrality, and this is the core of the work of associations working in the cultural and social symptoms, the law not only bans it but also puts a punishment for those who violate it.

- The association may not open offices or affiliated offices at any of the governorates of the Republic under its supervision before a written approval of the competent Minister, and this text contradicts with the international conventions that require the granting of freedom for any association to establish its statutes and the structure of its organization, its activities and decision-making without interference from the state.

With the issuance of this law we could say that, the Egyptian regime has killed the civil, charitable and human rights work in Egypt, which harms the civil society in Egypt.

Crimes and violations of 2016 in numbers:

1. Killing and torture, 52 cases 2. Medical negligence, 48 cases. 3. Extra-judicial killings in the Sinai, 1,000 citizens. 4. Death sentence execution, (1) 5. Enforced disappearance, 1700 cases. 6. A number of 100 women have been arrested, 29 of them still at prisons, 15 is under arrest. 7. Children, 270 child were detained at prisons on a political case. 8 – Referring the papers of 66 citizens to the Grand Mufti and death sentences against 59 citizens in 11 cases.

9 - Death sentences have been issued against 15 citizens in two military cases. 10. The dismissal of 44 judges and their referral to retirement. 11. Arbitrary arrest and detention of 12 lawyers. 12. Banning 17 human rights defenders from traveling illegally. 13. The seizure of three human rights centers’ funds. 14 - The seizure of 5 heads of human rights organizations’ funds.

Conclusion

At the end of 2016 and the beginning of 2017, Egypt is approaching the 4th since the events of July 2013, which witnessed the overthrow of the first elected president, and its human rights situation in general, fluctuates from bad to worse in all areas, and the killings escalate by the official authorities, especially, in Sinai, and the issuance of mass death sentences against citizens in unfair trials and by exceptional courts "terrorist circles or military courts".

In addition, the police deliberately refuse providing medical and health care at prisons, police stations and detention places, as well as violations of judges, lawyers and human rights defenders. Human rights in Egypt lack international protection, and turning a blind eye to human rights violations in Egypt is a harbinger of danger.

Recommendations

Justice for Human rights-JHR recommends:

1- Egyptian authorities to respect and apply the Constitution and the law, and abide by all international covenants and covenants, especially what Egypt has ratified. 2- Discontinue the execution of all death sentences issued in political cases either by terrorist circuits or by the military courts. 3- Cease the trial of civilians before the military courts. 4- The Egyptian authorities to stop all acts of violence and killing against the citizens and the need to investigate all extrajudicial killings.

It also recommends:

a) The United Nations Human Rights Council to form a fact-finding committee to determine the status of human rights in Egypt, extrajudicial killings, and hold those responsible of these crimes and prevent their impunity. b) The Special Rapporteur on the independence of judges and lawyers to investigate violations of judges and lawyers. c) The Special Rapporteur on the situation of human rights and human rights defenders to investigate violations of human rights defenders.

Justice for Human Rights-JHR, Feb. 2017