Egypt: public resentment increases and authorities respond with surge in executions
EMAD MEKAY, IBA MIDDLE EAST CORRESPONDENT, CAIRO
At least 49 people were executed in October last year by Egypt’s military regime – more than the total number of executions each year for the past three years. The surge came as the country grappled with anti-government protests and rising public discontent against the policies of President Abdel Fattah al-Sisi.
In a November 2020 statement, the Egyptian Initiative for Personal Rights (EIPR) appealed to the authorities to stop further deaths and warned that such a sharp increase doesn’t serve justice or rule of law in the country.
The EIPR is one of a few human rights groups still allowed to operate in Egypt. A few days after the statement was released, the group’s administrative manager Mohammed Basheer was arrested at his home, and later accused of joining a terrorist organisation and spreading rumours about Egypt.
Government sympathisers say that those executed in October were, contrary to what human rights groups claim, ‘terrorists’ and that their deaths came as a bid to stabilise the country by preventing radical Islam from taking over Egypt or threatening the West. The government insists it is battling radical groups on behalf of the rest of the world.
Cairo further denies accusations by human rights advocates that its legal system has been ‘politicised’ and insists the death sentences followed due process.
The country’s military was in power from 1952 until 2011, when they were pushed aside in street protests during the Arab Spring. The country elected its first ever democratically-chosen president, Mohamed Morsi, who stayed in power for one year before then-military chief Abdel Fatah al-Sisi ousted him, citing worries about the country’s stability.
The October executions came amid a spike in anti-Sisi protests over his decision to order the demolition of houses built without sufficient official permits. The protests coincided with others in September, against decades-long corruption by the military. In response, the government launched a sweeping campaign of mass arrests.
Neil Hicks, Senior Director for Advocacy at the Cairo Institute for Human Rights Studies (CIHRS), says the increase in executions is designed to send a message to the Egyptian public not to revolt against the regime. The surge in executions is shocking but ‘consistent with the Sisi government’s use of intimidatory state violence since coming to power,’ says Hicks. ‘Since then, mass killing of protesters […] extra judicial killings, disappearances, detention without trial or after grossly unfair trials and widespread use of torture have become commonplace.’
‘The systematic absence of fair trials in Egypt, especially in political cases, makes every death sentence a violation of the right to life,’ says Joe Stork, Deputy Director for the Middle East and North Africa division at Human Rights Watch (HRW).
Of those executed in October, HRW found at least 15 men were accused of ‘political violence,’ which often refers to having political opposition or attending street protests against the ruling military.
HRW described the proceedings as ‘grossly unfair trials,’ because the bulk of death sentences were issued by the so-called ‘exceptional’ military or terrorism courts.
‘Those arrested for alleged political violence frequently face a host of abuses including enforced disappearances, torture to extract confessions and no access to lawyers,’ HRW said in a statement after the October mass executions.
The Sisi government routinely does not announce executions beforehand, or even inform prisoners’ families until after the prisoner’s death.
Families and activists have however called out the executions in statements and social media posts that prompted international reaction.
Anne Ramberg Dr jur hc, Co-Chair of the IBA’s Human Rights Institute (IBAHRI), told Global Insight that she is increasingly alarmed by Egypt’s human rights situation. She warns that ‘human rights are not protected in Egypt’ and that ‘there is no rule of law and access to justice’.
Ramberg highlights recent reactions to the country’s situation, including the UN expressing severe concern.
Last October, 55 US legislators wrote a letter calling on Egypt to end its human rights violations. ‘As the second largest recipient of US foreign military financing, US lawmakers have a special responsibility to press the Sisi government to free political prisoners and end its systematic human rights violations,’ they said.
Dozens of members of the European Parliament and 138 members of national parliaments across Europe wrote to the Egyptian government complaining of the deteriorating human rights situation.
In March last year, the IBAHRI criticised Cairo after veteran Egyptian rights activist Bahey eldin Hassan, General Director of the CIHRS, was sentenced in absentia to three years’ imprisonment and a financial fine. ‘The IBAHRI is becoming increasingly concerned at the apparent use of secret applications to court where not even the defendant is heard, nor are they vouched-safe of the secret order made by the court against them,’ they said in a statement.
Egyptian officials and the state-run media insist that the outside world doesn’t understand the threat of terrorism or the possibility of instability that may befall Egypt without such harsh measures.
Hicks says that Cairo plays, unopposed, on Western fears much to its advantage. ‘The Egyptian government has been skilful in framing its conduct as somehow necessary in the fight against terrorism and has also played on European fears of migration,’ he says.
Header pic: Shutterstock.com/vasilis asvestas
IBAHRI film marks 25th anniversary
The International Bar Association’s Human Rights Institute (IBAHRI) released a film on Human Rights Day to mark the 25th anniversary of its founding. The IBAHRI was founded under the honorary presidency of Nelson Mandela to promote and protect human rights and the independence of the legal profession under a just rule of law.
The short film, which runs to 3:48 minutes, was released on 10 December 2020 and highlights the work that the IBAHRI does and underlines its importance in protecting the rights of people around the world.
Baroness Helena Kennedy QC, IBAHRI Director, narrates the film: ‘The need now is for us to reassert the centrality of law and a respect for human rights. It is vital. And we as lawyers are the guardians of law. We are the people who can make rights a reality.’
The film covers the optimism of the late-20th century and the hope for a better world. This is contrasted with the reality of today and the work that still needs to be done in order to reverse the reduction of freedoms across the globe and the resurgence of authoritarianism.
‘This is an anniversary to recognise the importance of our existence, made possible by all those lawyers around the world who contribute to the work that we do on human rights at the Institute. And we want to thank all of you. Because of you, the work goes on,’ Baroness Kennedy concludes.
The Hon Michael Kirby AC CMG, IBAHRI Co-Chair and former Justice of the High Court of Australia (1996–2006) said on Human Rights Day: ‘The Covid-19 pandemic has shown us all the importance of defending human rights as authoritarian governments have used the crisis as a pretext under which to restrict fundamental rights. Words are important for global human rights. But they are not enough. […] The work of the IBAHRI to promote and protect international human rights seems of greater importance now than it was when the Institute was first established 25 years ago. In recovery from the pandemic, the world must show renewed commitment to the promotion and protection of human rights.’
IBAHRI releases results of Covid-19 impact survey
The International Bar Association’s Human Rights Institute (IBAHRI) launched a survey in November 2020 to assess the impact of emergency laws enacted by governments worldwide in response to Covid-19.
The IBAHRI survey collected information from 38 worldwide jurisdictions, with respondents sharing their experience regarding the impact of the pandemic, and of the emergency laws, on their professional work and the rule of law more generally.
The report states that: ‘While it is recognised that many governments have had to introduce special measures to address the Covid-19 pandemic, and that some of these would necessarily encroach upon rights and freedoms in the interests of national health and wellbeing, it was still important that any such measures were time-limited, proportionate and exercised with care.’
The findings indicated that the emergency laws affected various social groups differently, with more disadvantaged and marginalised social groups being more severely impacted. The survey discovered that the Covid-19 response measures created difficulties in securing access to a lawyer and the courts in general. Lawyers also reported a lack of wellbeing and healthcare measures in detention centres, as well as in increase in abuse and ill treatment of prisoners by authorities.
The report concludes by saying: ‘In crisis times like these, principles of proportionality and necessity are as important as ever, in order to safeguard and maintain functioning democracies respecting the rule of law.’
IBAHRI condemns forced cremations of Muslim Covid-19 victims
The International Bar Association’s Human Rights Institute (IBAHRI) released a statement condemning the forced cremations of Muslims who have died from Covid-19 in Sri Lanka. Cremation is in violation of traditional Islamic funeral practices.
The Sri Lankan government introduced this practice on 31 March 2020, when the Ministry of Health of Sri Lanka issued guidance that individuals who died of either confirmed or suspected Covid-19 should be cremated within 24 hours.
This is in contravention of the World Health Organization’s specific guidance on ‘Infection prevention and control for the safe management of a dead body in the context of COVID-19,’ which permits the burial of Covid-19 fatalities.
IBAHRI Co-Chair and immediate past Secretary-General of the Swedish Bar Association, Anne Ramberg Dr jur hc, commented: ‘Since the WHO guidance shows no public health risk through burial of Covid-19 victims, the Sri Lankan government’s policy of forcible cremation is in contravention of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (ICCPR)– Articles 9 and 18 respectively – which guarantee an individual’s right to freedom of religion, and the right to manifest their religion in customs and practice.’
IBAHRI condemns arrest and right violation of Kremlin critic Alexey Navalny
The International Bar Association’s Human Rights Institute (IBAHRI) issued a statement on 20 January strongly condemning the arrest of Alexey Navalny, the prominent anti-corruption activist and critic of Russian President Vladimir Putin, and the infringement of Navalny’s right to a lawyer, as reported by his spokesperson Kira Yarmysh.
Navalny was arrested on arrival at Moscow’s Sheremetyevo International Airport on 17 January and appeared in court on 18 January.
Prior to Navalny’s arrival, the Russian authorities alleged he had violated parole terms from a suspended sentence on a 2014 embezzlement conviction by failing to appear at court hearings after his release from Berlin’s Charité hospital, where he received treatment following a suspected poisoning in August.
‘Navalny’s arrest is another shocking attempt by the Russian authorities to silence political opposition and the human rights community in Russia,’ says the Hon Michael Kirby AC CMG, the IBAHRI’s Co-Chair.
IBAHRI condemns killing of two Afghan Supreme Court judges
The International Bar Association’s Human Rights Institute (IBAHRI) condemned the killing of two judges from Afghanistan’s Supreme Court on 17 January 2021, and called it an affront to the rule of law. IBAHRI Co-Chair and former Justice of the High Court of Australia, the Hon Michael Kirby AC CMG said that the crime ‘shows a total disregard for human life and the rule of law’ and called for those responsible for the killings to be brought to justice.
The judges, both women and whose identities have not been revealed, were assassinated while they were travelling in a court vehicle to their office in Kabul, Afghanistan’s capital city. It is the latest in a series of attacks on government officials, journalists and activists while peace talks between Afghanistan and the Taliban are ongoing in Qatar. No one has claimed responsibility for the attack on the two judges at the time of writing. Although a spokesperson for the Taliban has denied the group’s involvement, the President of Afghanistan, Ashraf Ghani, has issued a statement condemning attacks on civilians by the Taliban, and has urged them to accept a ‘permanent ceasefire,’ declaring that ‘terror, horror and crime’ were not the solution to the country’s problems.
IBAHRI Co-Chair and immediate past Secretary-General of the Swedish Bar Association, Anne Ramberg Dr jur hc, said that ‘the murder of the two judges highlights the lengths to which people will go to thwart the independence of a nascent legal system and the aspirations of women in a steadfastly patriarchal society,’ and emphasises the importance of Afghanistan’s legal profession maintaining its independence ‘without interference, intimidation or the threat of – or actual – violence heaped upon them’.
IBAHRI calls for due process in ‘Hotel Rwanda’ trial
The International Bar Association’s Human Rights Institute (IBAHRI) has called for due process to be followed in the trial of Paul Rusesabagina, the exiled Rwandan dissident who has been in police custody in the nation’s capital, Kigali, since 31 August 2020.
An outspoken critic of Rwandan President Paul Kagame, Rusesabagina told the court that he was held bound, blindfolded and incommunicado for three days before being taken to the court in Kigali. His charges include terrorism and supporting armed rebels in a conspiracy to overthrow President Kagame’s government. He has denied all allegations against him and has refused to enter any pleas in court. His trial, which was scheduled to start on 26 January this year, has been adjourned indefinitely.
Rusesabagina is credited with saving the lives of over 1,000 Tutsi people during the 1994 Rwandan genocide, and was awarded the Presidential Medal of Freedom in 2005 by then President George Bush.
IBAHRI Co-Chair and former Justice of the High Court of Australia, the Hon Michael Kirby AC CMG called Rusesabagina’s arrest ‘disturbing’ and ‘shrouded in mystery’ and has emphasised ‘the need for due process and international fair trial standards to be upheld’. He added that it is ‘vital that Rwandans and the international community have access to independent, accurate and credible information, and can bear witness to proceedings’.
Rule of law: Afiuni case has ‘chilling effect’ on Venezuela’s judiciary
YOLA VERBRUGGEN
In early November 2020, the Tribunal Supremo de Justicia (TSJ) in Venezuela affirmed a five-year prison sentence for Judge María Lourdes Afiuni on the charge of ‘spiritual corruption’ – an alleged offence that does not appear in the country’s criminal legislation. Critics say the TSJ’s decision is aimed at sowing fear among the country’s judiciary.
For Judge Afiuni, the verdict represents the culmination of more than a decade’s persecution, which began following her ruling against the government in the trial of political prisoner Eligio Cedeño.
After being arrested in 2009, Judge Afiuni suffered sexual, mental and physical abuse during her imprisonment. She was later removed and placed under house arrest. Having recently been diagnosed with cancer, Judge Afiuni now faces five more years in prison.
In mid-November 2020, the International Bar Association’s Human Rights Institute (IBAHRI), the Raoul Wallenberg Centre for Human Rights and the Human Rights Foundation made a joint submission to the UN office on the Independence of the Judiciary (the ‘Joint Submission’), in which they refer to Judge Afiuni’s trial as ‘Kafkaesque’.
‘After many years of observing the case against Judge Afiuni, our trial report concluded that there was a complete disregard for due process and fair trial guarantees, primarily owing to the absence of judicial independence and arbitrary decision-making,’ says Baroness Helena Kennedy QC, Director of the IBAHRI.
‘Her case is formative to the situation of the legal profession in Venezuela, demonstrating the significant and gradual deterioration of the rule of law and human rights in the country, creating a chilling effect,’ adds Baroness Kennedy.
Despite international attention, the Venezuelan government has not toned down its threats against judges, many of whom are provisional and could be replaced at any time.
Judge Afiuni was arrested under former President Hugo Chávez, but her ordeal continued under President Nicolás Maduro.
‘The political decision taken by Chávez and sustained by Maduro was decisive for the submission of not just one judge, but the whole judiciary,’ Diego García-Sayán, UN Special Rapporteur on the independence of judges and lawyers, tells Global Insight.
The deterioration of the independence of Venezuela’s legal system began in 2004, when Chávez and his party packed the country’s highest court with pro-government justices. Alongside the creation of a new power allowing the governing coalition – dominated by Chávez’s party – to remove judges from the court, this marked the beginning of the end of the judiciary as an independent branch of government.
In 2013, Maduro became President, and in December 2020 he reaffirmed his power when he claimed a majority win in the country’s parliamentary election, a result that the EU, US and over a dozen Latin American countries do not recognise.
Hundreds of peaceful protesters have been arrested during demonstrations against Maduro, and the chilling ‘Afiuni Effect,’ as it has been dubbed, has particularly affected judges presiding over their detention. The subsequent imprisonment of the lawyer who defended Judge Afiuni in court, José Amalio Graterol, has increased lawyers’ fear of taking on political cases.
A case in point is the conviction of Venezuelan opposition leader Leopoldo López in 2015. In this case, Judge Ralenis Tovar accepted that she had signed a warrant for López’s arrest out of fear of reprisals, according to the Joint Submission.
The judge who eventually sentenced López to over 13 years’ imprisonment in a military facility had been Judge Afiuni’s replacement and was well-aware, therefore, of the precarity of her position.
‘In no case can such pressure be accepted,’ says García-Sayán. ‘The world should continue to follow the developments in Venezuela very closely and try to find a political solution to the situation.’
Opposition leader López spent three years of his sentence in a military jail, after which he was placed under house arrest. He was freed by his guards during an attempted military uprising to overthrow Maduro in 2019. He later sought refuge in Spain’s embassy in Caracas, before fleeing Venezuela for Spain in October 2020.
‘What Judge Afiuni and thousands more experience today in prisons in Venezuela is what has also allowed for the prison system to be used as an implicit threat against those who dare to disobey or oppose the executive,’ said Verónica Hinestroza, a former IBAHRI programme lawyer who was involved in the trial observations, during a recent IBA event in which she discussed the case.
According to the Foro Penal, a Venezuelan network of pro bono criminal defence lawyers, 356 political prisoners were held in the country as of November 2020.
‘The case of Judge Afiuni increases our concerns about the weakness of the rule of law in Venezuela,’ says Juan Carlos Rocha, Co-Chair of the IBA Latin American Regional Forum.
‘The legal community in Latin America together raise their voice against patterns and decisions that have impacted a great number of universal principles, such as fair trial, due process and legality, which in no circumstances should be violated,’ adds Luis Carlos Rodrigo, immediate past Chair of the IBA Latin American Regional Forum.
For more on this subject, watch a recording of The judiciary at risk - a case study at the IBA 2020 - Virtually Together Conference.