Communication on violations of civic and political rights by the Egyptian authorities
The case of Dr. Ayman Nour
Geneva June 14, 2023
Within the framework of the efforts of the Arab Council Foundation to combat impunity and to defend the economic and social freedoms and rights of the Arab peoples, the “Strategic Litigation” portal of the Arab Council, on June 14, 2023, filed a general communication about the Egyptian authorities’ violations of civil and political rights – the case of Dr. Ayman Nour as an example To the following international bodies:
1- Special Rapporteur on freedom of opinion and expression,
2- Special Rapporteur on freedom of peaceful assembly and association;
3- Special Rapporteur on the right to adequate housing;
4-Special Rapporteur on human rights defenders;
5- Special Rapporteur on the independence of judges and lawyers.
This communication is part of several communications prepared by the Arab Council on human rights in the Arab Republic of Egypt. It sheds light on the Egyptian authorities’ violations of civil and political rights, including the independence of the judiciary and lawyers in the country in the light of examining cases related to the authorities’ violations of the rights of the political opposition in Egypt; Human rights defenders, as well as its violation of the right to freedom of expression, peaceful assembly, and association, and its repercussions on political parties, civil society organizations, and political opponents of President Abdel Fattah El-Sisi.
This communication sheds light on the case of Dr. Ayman Nour, a prominent political dissident, to demonstrate the Egyptian authorities’ targeting of political opponents, human rights activists, defenders, and their family members. The communication deals with the abuses they are subjected to, mainly persecution and arbitrary confiscation of their property as an act of revenge to silence and prevent them from carrying out political activities or exercising their right to express their opinions.
The communication prepared by Arab Council researchers and is based primarily on the testimonies of Dr. Ayman Nour and his lawyer, data and information documented by Dr. Ayman Nour himself, in addition to data and information included in the reports of Egyptian and international human rights organizations regarding violations of civil and political rights In Egypt.
The communication made the following recommendations:
In light of the violations above, the Arab Council recommends the following:
Kindly ask the Egyptian government to immediately annul the arbitrary and illegal decision against Dr. Ayman Nour and others issued by the Cairo Criminal Court – (Circle 13 South) to include 81 Egyptians on the terrorist list for five years based on Case No. 590 of 2021 Supreme State Security.
Kindly ask the Egyptian authorities to take immediate measures to fulfill their obligations under international law to respect and protect human rights and fundamental freedoms.
Kindly ask the Egyptian government to immediately remove the names of all human rights activists and politicians from terrorist lists and to stop adding more of them to it as an arbitrary and retaliatory measure to abuse them and suppress their freedom of expression and organization until a comprehensive, accurate and transparent review of terrorism legislation and laws is conducted.
Kindly ask the Egyptian authorities to cancel or amend the terrorist entities’ law in line with international human rights standards and to provide guarantees for the protection of human rights in the context of combating terrorism and in a manner that fulfills Egypt’s international obligations in the field of human rights.
Request the Egyptian authorities to bear responsibility for victims whose names have been included in the lists of terrorism and who have suffered material and moral losses and damages without meeting the conditions and standards of fair trials.
Kindly ask the Egyptian government to guarantee freedom of expression, the press, and the right to a peaceful demonstration by the provisions of Egypt’s constitution and international obligations.
Kindly ask the Egyptian authorities to fulfill their obligations regarding the protection of human rights defenders and ensure the implementation of the right to freedom of expression, peaceful assembly, and freedom of association, creating a safe and conducive environment for the work of civil society and human rights defenders, facilitate their job and protect them from harassment and intimidation, take steps to protect human rights defenders and prevent pressure on them, including by lifting the travel ban and asset freeze, and stop restricting and criminalizing the work of human rights defenders, politicians, and civil society actors.
The Egyptian government ensures that freedom of expression is safeguarded in all its forms in line with Egypt’s international obligations and that freedom of expression is guaranteed in all its forms, including artistic expression, online and offline, and freedom of assembly, association, and demonstration. Commit to supporting a free and vibrant civil society by ending Case No. 173, foreign funding investigations, travel bans, and asset freeze against civil society.
Kindly ask the Egyptian authorities to activate the abolition of Article 11 of Presidential Decree No. 97 of 1959 regarding passports, which states that “a passport may be refused or renewed by a decision of the Minister of the Interior for important reasons he deems appropriate,” as well as the abolition of any other legislation that affects the right to freedom of expression. Movement is guaranteed constitutionally and under Article 12 of the International Covenant on Civil and Political Rights.
Kindly ask the Egyptian authorities to take the necessary measures to guarantee freedom of expression and opinion for the population, particularly human rights defenders and journalists, and to investigate and punish cases of threats, reprisals, and other acts of violence.
Kindly ask the Egyptian government to include in national legislation rules guaranteeing freedom of opinion and expression, freedom of assembly and association, and facilitating the work of civil society by amending the relevant restrictive legislation to reflect the protection stipulated in Egypt’s constitution of 2014 and aligning its legislation with Egypt’s international obligations in the field of human rights.
Kindly ask the Egyptian authorities to take adequate measures to expand civil space and create a safe environment for civil society organizations, human rights defenders, and journalists, including reviewing relevant legislation in line with international standards and the constitution, strengthening dialogue and cooperation mechanisms with civil society organizations, and ensuring the protection of human rights defenders Human.
Kindly ask the Egyptian authorities to take all possible measures to promote the values of tolerance, dialogue, and mutual understanding at the local, national, and international levels.
Kindly ask the Egyptian authorities to strengthen the independence of the judiciary and the rule of law, guarantee the right to a fair trial and limit the jurisdiction of military courts to military cases, ensure pre-trial detention, and that all judicial proceedings fully comply with Article 14 of the International Covenant on Civil and Political Rights, including by ending Use mass trials, ensure the right to a fair trial by international obligations and complete all military trials of civilians.
Kindly ask the Egyptian authorities to take all necessary measures to ensure access to justice and due process for all persons accused of criminal offenses, including those related to security and terrorism, such as access to a lawyer and assistance, and to strengthen criminal procedures to protect the right to defense and fair trial.
Kindly ask the Egyptian authorities to invite an additional number of mandate holders of the special procedures of the Human Rights Council to facilitate their visit to Egypt and to hold meetings with the concerned official authorities, civil society organizations, human rights defenders, and political and human rights activists.
Kindly ask the Egyptian authorities to investigate and ensure accountability for alleged police abuses per international standards.
Kindly ask the Egyptian authorities to refrain from all acts of intimidation or retaliation against those who cooperate with the United Nations, its representatives, and mechanisms in the field of human rights and take steps to prohibit and investigate acts of intimidation and retaliation against those who interact with the United Nations and regional human rights regimes, and hold all perpetrators accountable.
Ask the Egyptian authorities to release those detained for exercising their right to freedom of expression, including all journalists, activists, and human rights defenders, unblock news and social media, and stop unnecessarily restricting space for civil society, including through asset freezes and bans Travel, long periods of pretrial detention, and a growing number of arrests.
Kindly ask the Egyptian government to “amend the strict Law Regulating the Practice of Civil Work” of 2019 to enable NGOs to operate freely, without interference or harassment from the government.
While the Arab Council thanks all the lawyers and human rights defenders who participated in drafting the communication and all the victims who submitted their testimonies to the Arab Council, it undertakes to follow up on the outcome of this communication and the interaction of the concerned authorities with it to protect civil and political rights in Egypt and stop all violations of this right and punish all those who involved in these violations.
President of the Arab Council Foundation
Dr. Moncef Al-Marzouki
Arab Council Foundation
foundation under Swiss law
