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Egypt: Impunity Impedes Democratic Transition

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Egypt: Impunity Impedes Democratic Transition Egypt: Impunity Impedes Democratic Transition Extract of Worldwide Movement for Human Rights https://www.fidh.org/en/region/north-africa-middle-east/egypt/Egypt-Impunity-Impedes-Democratic Egypt: Impunity Impedes Democratic Transition Egypt: Impunity Impedes Democratic Transition - [english] - Region - North Africa & Middle East - Egypt - Publication date: Thursday 7 June 2012 Description: Position paper on the impunity of police officers for human rights violations committed during the revolution Copyright © Worldwide Movement for Human Rights - All rights reserved Copyright © Worldwide Movement for Human Rights Page 1/8 Egypt: Impunity Impedes Democratic Transition On the 2nd of June 2012, former President Hosni Mubarak and ex-Minister of Interior Habib Al Adly were sentenced to life imprisonment, and all the high-level police officers tried in the same case were acquitted. The International Federation for Human Rights (FIDH) considers that the proceedings against alleged perpetrators of grave human rights violations committed during the Egyptian revolution in January/February 2011 illustrate a culture of impunity. Whilst welcoming the sentence given to Hosni Mubarak and the former Minister of Interior Habib El Adly, as a clear message that no one should be above the law, FIDH considers that the judgment does not take into account basic principles of human rights and the acquittal of the six police officers allegedly responsible for giving orders for the killing of 846 protesters at the beginning of the revolution gives a green light for the security services under the authority of the Ministry of Interior to commit serious human rights violations without being held accountable. FIDH reiterates its call to the Egyptian authorities to engage in a comprehensive process of transitional justice, to bring the perpetrators of serious human rights violations to justice, and to adopt the necessary reforms to prevent further violations. • Introduction • The Verdict against Mubarak and El Adly • On verdicts of acquittal • On the ongoing trial proceedings against police officers • Conclusion • Recommendations Introduction As a reminder, in 2011, FIDH conducted a fact-minding mission covering the period between January 25th and February 11th 2011 in Alexandria, Cairo and Suez and subsequently released a report entitled "The Price of Hope: Human Rights Abuses During the Egyptian Revolution" [1]. The mission interviewed demonstrators, injured victims, relatives of demonstrators who had been killed, human rights, political and religious activists, members of youth groups, lawyers, journalists, medical doctors, the General Prosecutor and the Attorney General. Tens of thousands of unarmed protesters marched across the country on January 25th and January 28th 2011, and were confronted by brutal force by Central Security Forces (CSF). According to official figures, 846 people died and 6,467 were injured including more than 1,000 people suffering from permanent eye loss. FIDH found evidence that most demonstrators were shot dead in the upper part of their bodies, and their eyes which led to a huge number of ruptured globes. In its report published in May 2011 [2], FIDH stated that: " Information collected during the mission indicates that the police committed crimes of killing and attempted killing of peaceful demonstrators during the revolution, as well as torture during detention. As those crimes were committed on Copyright © Worldwide Movement for Human Rights Page 2/8 Egypt: Impunity Impedes Democratic Transition a systematic basis at national level with a similar modus operandi, it demonstrates that an organized plan was set up, at the highest level, to be implemented at street level. Therefore, the whole chain of command should be accountable either for the planning and organization of the killing of demonstrators and torture during detention or for direct participation". Then, FIDH went on listing the names of those who should be prosecuted: "former President Hosni Mubarak, former Ministry of Interior Habib Al Adly, and heads of different police forces such as Hassan Abdel Rahman, the former head of State security intelligence, Adly Fayed, the former head of General security and Ahmed Ramzy, the former head of Central Security Forces . The Prosecution should go down to heads of the security at the governorates level : General Ismael El Shaer for Cairo, General Mohamed Ibrahim for Alexandria, General Mohamed Abdul Hadi for Suez. In accepting the transfer of orders to heads of police stations or policemen in the streets, heads of security at the governorate level are equally responsible for homicides of demonstrators." The Verdict against Mubarak and El Adly After the fall of Mubarak, protesters across the country demanded accountability for the police officers who shot the demonstrators during the revolution. Two fact-finding committees were set up to investigate the killing of the protesters during the revolution. The second fact-finding committee which was established by the National Council for Human rights released its report in March 2011: it put Mubarak and Al Adly as the top officials responsible for the excessive use of force against the demonstrators. Accordingly, in March 2011, the General Prosecutor pressed charges against Al Adly and his three assistants, Hassan Abdel Rahman, the former head of State Security Intelligence, Ahmed Ramzy, the former head of the Central Security Forces, Adly Fayed, the former head of the General Security and General Ismail El Shaer, former director of security in Cairo. The charges included homicide and attempted homicide of demonstrators, as well as other corruption charges. In April 2011, the General Prosecutor charged Mubarak with complicity in homicide and attempted homicide of demonstrators and ordered his detention. In May 2011, Mubarak was finally referred to trial which started on August 3rd 2011 in the National Cairo Criminal Court. On August 15th 2011, upon the request of the lawyers of the victims, the court announced that it would join the cases of Al-Adly and his aides with the case of Mubarak. On June 2nd 2012, Judge Ahmed Rifaat delivered the verdict, acquitting all six police officers from the killing and injury of protesters. Mubarak and Al Adly were handed down life sentences for their failure to prevent the killing of the protesters. Mubarak and his two sons were cleared on the corruption charges. The judge cited that no material evidence was presented by the prosecution to prove the guilt of the six police officers for killing the protesters. The judge claimed that the evidence did not prove that the protesters died as a result of live ammunition fired by police officers, and added that the court could not identify the actual perpetrator of the crime, hence it could not prove the relation between the perpetrator and the police officers. More than a year after the outbreak of protests and the gross violations of human rights involving the government forces, the victims are still waiting for justice to be served. Criminal proceedings against former president Mubarak and former regime officials can be seen as more of a show-trial and most of the verdicts in the cases of attempted killing and killing of protesters have turned in favor of acquitting the accused police officers. A recurring argument by the judges' explanation of the innocent verdicts handed down to the police officers was that they were acting in "self-defense" against the protesters outside of the police stations. Copyright © Worldwide Movement for Human Rights Page 3/8 Egypt: Impunity Impedes Democratic Transition On verdicts of acquittal In December 2011, a court acquitted six police officers from Sayeda Zeinab for killing six protesters; however in February 2012, the General Prosecutor filed an appeal against this decision. In January 2012, the Court acquitted two police officers accused of killing one protester in Ain Shams. On February27th, 2012, Cairo Criminal Court acquitted two police officers for the attempted killing of two protesters in front of Al Salam 1 police station. On March 7th 2012, Cairo Criminal Court acquitted three police officers accused of attempted murder and killing protesters in Zawya al-Hamra on 28 January 2011. On March 8th 2012, Cairo Criminal Court acquitted Wael Erfan on charges of killing protesters in front of Al Sharabeya police station. On March 17th, Cairo Criminal Court acquitted 14 police officers on the same charges outside of Shubra and Marg police stations. On March 20th 2012, the court acquitted three police officers on charges of attempted killing and killing of protesters outside Hadayek El Quba police station. The same court handed down one year suspended sentences for 11 police officers. On March 24th, Cairo Criminal Court acquitted Police Captain Abdel Aziz al-Hamouly who was accused of killing three protesters outside of Wayly Police Station on 28 January 2011. On the 13th of May 2012, North Cairo Criminal Court acquitted Mohamed Sadeq Dewidar from charges of attempted killing and killing of protesters in front of Salam police station. On the 31st of May 2012, Cairo Criminal Court acquitted 4 police officers for charges of killing 3 protesters and injuring 7 in front of Al Amereya police station. On June 5th, Cairo Criminal Court acquitted a low ranking police officer for the attempted killing of seven protesters in Moqatam. On June 6th 2012, Giza Criminal Court acquitted 14 police officers on charges of killing 6 protesters and attempted killing of 18 protesters
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