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Egypt: Continued Arbitrary Detention and Judicial Harassment of Ms. Yara Sallam, Ms Egypt: Continued arbitrary detention and judicial harassment of Ms. Yara Sallam, Ms. Sana Seif and 23 protesters Extract of Worldwide Movement for Human Rights https://www.fidh.org/en/region/north-africa-middle-east/egypt/eu-egypt/16050-egypt-continued-arbitrary-d etention-and-judicial-harassment-of-ms-yara Egypt: Continued arbitrary detention and judicial harassment of Ms. Yara Sallam, Ms. Sana Seif and 23 protestersPublication date: Thursday 18 September 2014 - [english] - Region - North Africa & Middle East - Egypt - EU / Egypt - Copyright © Worldwide Movement for Human Rights - All rights reserved Copyright © Worldwide Movement for Human Rights Page 1/6 Egypt: Continued arbitrary detention and judicial harassment of Ms. Yara Sallam, Ms. Sana Seif and 23 protesters URGENT APPEAL - THE OBSERVATORY New information EGY 002 / 0614 / OBS 058.3 Arbitrary detention / Judicial harassment / Obstacles to freedom of peaceful assembly Egypt September 18, 2014 The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), has received new information and requests your urgent intervention in the following situation in Egypt. New information: The Observatory has been informed by the Egyptian Initiative for Personal Rights (EIPR) about the continued arbitrary detention and judicial harassment of human rights defenders Ms. Yara Sallam, Transitional Justice Officer at EIPR, as well as 23 protesters [1] including Ms. Sana Seif, a member of the "No to Military Trials for Civilians" movement and sister of the blogger Mr. Alaa Abdel Fattah [2]. According to the information received, on September 13, 2014, the trial against Ms. Yara Sallam and Ms. Sana Seif, together with 21 other individuals who had allegedly peacefully protested for the repeal of Law No.107 for 2013 on demonstrations and public rallies, was postponed to October 11, by a Heliopolis Misdemeanour court [3]. The hearing was held in the deliberation chambers. Two videos were shown, based on the request of the defendants' lawyers. The judge tried to identify defendants in the videos shown, however none of the defendants appeared in the videos. In addition, no weapon appeared on the video. The prosecution also submitted a report on a video that was not shown during the hearing. The defendants' lawyers requested that this video be shown accompanied by an expert report. All the defendants remain in custody pending trial despite the defence's request to release them. The session was once again held in private as only the defendants' lawyers were allowed to attend. The Observatory is highly concerned about the handling of the case by the judicial authorities and the numerous breaches to the right to fair trial, including the right to defence and the right to the publicity of the debates (see background information). The Observatory is further concerned by the lack of evidence and inconsistencies in the police reports on which the charges of damaging property are based. According to EIPR, a police report claims that a police vehicle was damaged at 9:30pm on June 21, 2014 while most defendants had been arrested earlier. Furthermore, no weapons or other items were seized from the defendants or presented as evidence. The Observatory recalls that the restrictive protest law has been used by the authorities as a tool to imprison human rights defenders. This controversial law bans gatherings of 10 or more people without a permit issued by the authorities. Copyright © Worldwide Movement for Human Rights Page 2/6 Egypt: Continued arbitrary detention and judicial harassment of Ms. Yara Sallam, Ms. Sana Seif and 23 protesters The Observatory welcomes the call of the ACHPR Special Rapporteur on Human Rights Defenders in Africa to immediately release Ms. Yara Sallam and all detained protesters, and to conduct a thorough and impartial investigation into the situation. The Observatory expresses its deepest concern regarding the ongoing arbitrary detention and judicial harassment of Ms. Yara Sallam, Ms. Sana Seif and the other above-mentioned protesters, which seem to aim only at preventing them from carrying out their peaceful human rights activities, and calls upon the Egyptian judicial authorities to immediately and unconditionally release them. Background information: On June 21, 2014, the police dispersed by using tear gas a peaceful march that was organised in the Heliopolis neighbourhood in Cairo to demand the repeal of the Law 107 of 2013 on demonstrations and public rallies (the "Anti-Protest Law") as well as the release of those detained under said law. In this framework, the police arrested more than 30 individuals, including Ms. Yara Sallam and her cousin Shehab Fakhry Ismail. It should be highlighted that the two were picked up in the vicinity of the protest between 7 and 8 pm by security forces as they were buying drinks from a local kiosk and not while participating in any demonstration. Some of the detainees reported insults and ill-treatment, including beatings by "muwatinin shurafa" (plain-clothed police collaborators) during and after the arrest . Those arrested were questioned without the presence of their lawyers, mostly individually, by men in civilian dress who did not introduce themselves or clarify their official positions. The arrestees were asked whether they participated in the protest and were questioned about their political affiliations and opinions about the protest law. According to testimonies, officials pressured them into confessing their participation and threatened to charge them with belonging to the banned Muslim Brotherhood and/or the 6th of April Movement. Later the same day, eight of the arrestees were released without charge, including Ms. Sallam's cousin. On June 22, 2014, 24 were presented before the Prosecutor's office. During her interrogation, Ms. Sallam was questioned about the nature of her work and about EIPR's management. On June 23, 2014, the Heliopolis Prosecution Office ordered the detention until June 25, 2014 of Ms. Yara Sallam, Ms. Sana Seif as well as 21 other individuals on charges of "breaching the protest law" under the "Anti-Protest Law, "sabotaging public properties", "possession of inflammable materials" and "taking part in showing off force with the objective of terrorizing the public" for their alleged participation in a peaceful march. Another individual was released on medical grounds[4]. On June 24, 2014, the two women human rights defenders as well as five women protesters were transferred to Qanatir Prison, 15 male detainees to Tora Prison, and one juvenile to Al-Marg juvenile prison. This followed the extension by the prosecution of the detention of these 23 individuals on June 23, 2014 for four days, as well as the release on bail of another one on the same day. On June 25, 2014, the Heliopolis Public Prosecution transferred the case to the Heliopolis Misdemeanor Court. It mentioned 12 provisions in the indictment order: articles 162, 361, 375 (bis), 375 (bisA) of the Penal Code, articles 1 to 4 of Law 10 for 1914 on Gatherings; and articles 7, 8, 19, 21 of Law No.107 for 2013 on demonstrations and public rallies. These provisions include: "participating in an unauthorised demonstration whose aim was to stop the implementation of the law and influence the effectiveness of the public authorities during the carrying out of their work"; "organising a demonstration without prior notice as stipulated by the law and participating in a demonstration that breached and threatened public security and the interests of citizens and disrupted transportation and transgressed public and private property"; "using force and violence to terrorise and intimidate citizens"; and Copyright © Worldwide Movement for Human Rights Page 3/6 Egypt: Continued arbitrary detention and judicial harassment of Ms. Yara Sallam, Ms. Sana Seif and 23 protesters "deliberately destructing property owned by the aggrieved party as proven through investigations". The 23 defendants in detention were supposed to appear before the court on June 25 after the expiry of their four-day detention. However, the defendants were not brought to court, and the Prosecution instead issued an indictment order, before the defendants had a chance to challenge their pre-trial detention before an independent judicial body. On June 29, 2014, the trial against Ms. Yara Sallam and Ms. Sana Seif, together with 21 other individuals who had peacefully protested for the repeal of Law No.107 for 2013 on demonstrations and public rallies, started. Though the session was due to take place at the Heliopolis Courthouse, at the time set for the start of the session lawyers and family members were informally told that the hearing of the case would transferred to the Police Academy inside the high security Tora Prison. They had to rush across the city to attend the trial. Access to the courtroom was heavily restricted: families of the detainees were denied access and defence lawyers and journalists faced difficulties to access the room. One journalist who tried to take a photograph had his equipment confiscated and was removed from the courtroom. During the hearing, the defence lawyers requested to examine and verify the validity of the evidence presented against the defendants by the prosecution including audio-visual material on the demonstration. The court granted this request, however the request for provisional release of the defendants on bail was rejected by the court. The judge closed the hearing session and left the courtroom without informing the lawyers about the date of the next hearing. The Court's security guards then told the lawyers that the next hearing was scheduled on September 13, 2014. Actions requested: Please write to the authorities of Egypt asking them to: i. Guarantee in all circumstances the physical and psychological integrity of Ms. Yara Sallam and Ms. Sana Seif, as well as the 22 protesters above-mentioned and prosecuted for their alleged participation in said march and all human rights defenders in Egypt; ii.
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