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Case EGY 130606.1 / Case EGY 130606.1 CC
Follow up to Case EGY 130606/ Case EGY 130606.CC
Urgent Appeal / Child Concern
Unfair trial/ Impunity

Geneva, 31 January 2007

The International Secretariat of the World Organisation Against Torture (OMCT) has received new information regarding the following situation in Egypt.

New information

The International Secretariat of OMCT has been informed by a reliable source that 26 farmers , among them 19 farmers, 7 women, including 4 students and one minor, and their lawyer Mr. Mohamed Abdelaziz Hasan Salama, all related to the Sarando event (see in brief reminder of the situation), faced trial on 22 January 2007 (under case number 5631/2005 Markaz Damanhour) before the Emergency Supreme State Security Court in Damanhour. The court will issue its decision on 19 March 2007.

All of them are charged with unlawful gathering, seizure of land, assault, destruction by fire and ruining of property. Mr. Mustafa Abdel Hamid El Garf and Mr. Mohamed Ragab Khalil are charged in addition with assault leading to death and possession of weapons because they were, according to the police, the leaders during the event. They risk heavy sentences.

According to the information, evidence against them all is based on fabricated police reports.

The 26 farmers, including the minor, were arrested following the event in Sarando village, in governorate of Baharriya, which occurred on 4 March 2005. According to the information, while the women and the children arrested on that date were released on 19 March 2005, the men were kept in detention during one more month before being released.

According to the information received, they all were subjected to ill-treatment during their detention for which they filed complaints with the General Prosecutor. However, following threats from police officers, they withdrew their complaints.

The seven farmers, namely Mr. Hamdy Mustafa El Hosary, Mr. Ibrahim Mohamed Abdel, Mr. Magid Abo Kalila, Mr. Mohamed Abdel Hamid El Gorf, Mr. Abdel Hamid Ahmed Khallaf, Mr. Khamees Mohamed Hesien, Mr. Mohamed Ramadan Hashem, and Mr. Mohamed Mahmoud El Feqy, who were also arrested on 4 March 2005 and subsequently prosecuted (case n°2825 of 2005, Misdemeanors, Damanhour) have been released and acquitted.

OMCT is gravely concerned about the fact that the 26 farmers, including the minor, and their lawyer are being tried before an Emergency Supreme State Security Court which judgment is not subject to appeal or review by any other judicial body. Sentences by Emergency Supreme State Security Court become final after ratification by the Egyptian President. These courts are established on the basis of the Emergency Law which has been in effect in Egypt since 1981. These special courts fall short of international fair trial standards and violate Egypt’s obligation to guarantee fair hearings under the International Covenant on Civil and Political Rights (ICCPR). OMCT also recalls that Egypt is a state party to the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Both the Torture Convention and the ICCPR prohibit cruel, inhuman or degrading treatment. In line with their obligations under these treaties, it is incumbent on the Egyptian authorities to consider seriously any allegations of torture and ill-treatment made by the victims, and to undertake
a thorough investigation in this regard. Moreover, OMCT wishes to recall that according to article
37. a) of the Convention on the Right of Child (CRC) and to which Egypt is a state party, “no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment”. OMCT also calls upon the authorities to guarantee children’s human rights and fundamental freedoms in compliance with article 40 of the CRC on the administration of juvenile justice.
Brief reminder of the situation

OMCT received information from reliable sources concerning violent eviction from land of Egyptian farmers, false charges against farmers, the holding of farmer’s wives as hostages, the arrest of children and the trial of several persons, including women, on fabricated charges.

According to the information received, farmers from Sarando village stated that on 4 March 2005, about 50 bullies ? acting under the orders of a person claiming ownership of their land - attacked the village. They were riding four armoured cars, one minibus, five jeeps and five tractors, carrying firearms and swords. They intended on plowing the farmers’ lands where they had planted wheat. The men fired shots at the farmers, and then a clash took place between them, which resulted in the injuring of dozens of men from both sides. The rumour was spread that a certain Mr. Alaa’a Mohamed Abdel Wahab Nawwar had died as a result of his injury. The clash resulted in the burning of three tractors and two cars.

After that, the police forces went to the village and randomly arrested women and children. The villagers, in testimonies given to the Land Center for Human Rights (LCHR), stated that the police forces tied two women by their hair in addition to tying their hands, that they were arrested, put inside police cars and transported to Damanhour police station. While farmers had fled the villages, some officials in El Behira stated that that the women would not be released unless some of the wanted farmers would turn themselves in to the Damanhour police station. The chief of police reportedly completed fake minutes of the interrogations without any of the farmers accused being present; the minutes were then transferred to the prosecutor.

Also, the farmers’ complaints to LCHR state that in dawn of Friday 4 March 2005, the police forces in El Behira province had attacked the village and arrested dozens of farmers including women, and, according to reports, detained them without any legal justification, under the accusation that some of the farmers had prevented the ownership claimer from going to his land and taking over his possession. The security forces attacked houses, broke doors and detained 7 farmers (Mr. Hamdy Mustafa El Hosary, Mr. Ibrahim Mohamed Abdel, Mr. Magid Abo Kalila, Mr. Mohamed Abdel Hamid El Gorf, Mr. Abdel Hamid Ahmed Khallaf, Mr. Khamees Mohamed Hesien, Mr. Mohamed Ramadan Hashem, and Mr. Mohamed Mahmoud El Feqy) for interrogation concerning these charges.

They were presented to Damanhour prosecutor, case no. 2825 for the year 2005, Damanhour Misdemeanors. Farmers confirmed that the police forces had arrested them from their bedrooms and did not even wait for them to get dressed. All of the farmers were charged with trespassing the property and stealing the crops of Salah Nawwar (the allegded owner) and preventing him from accessing his land by force. They have also been charged with weapon possession to frighten people and endanger their safety.

Requested action

Please write to the authorities in Egypt requesting them to:

i. Ensure the physical and psychological integrity of all the above mentioned persons;
ii. End judicial proceedings against the 26 farmers, including the minor, and their lawyer in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iii. Order a thorough and impartial investigation into these events, particularly in the allegations of torture and ill-treatment, in order to identify all those responsible, bring them to trial and apply to them the civil, penal and/or administrative sanctions provided by law;
iv. Compensate the victims fully;
v. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses:
? President of the Arab Republic of Egypt, His Excellency Mohammad Hosni Mubarak, Abedine Palace, Cairo, Egypt, E-mail: webmaster@presidency.gov.eg, Fax:+202 390 1998
? Minister of the Interior, His Excellency General Habib al-Adeli, Ministry of the Interior, Al-Sheikh Rihan Street, Bab al-Louk, Cairo, Egypt, E-mail: moi@idsc.gov.eg, Fax: +202 579 2031
? Minister of Justice, His Excellency Mr Mahmoud Abu El Lial Rashed, Ministry of Justice, Midan Lazoghly, Cairo, Egypt, E-mail: mojeb@idsc.gov.eg, Fax: +202 795 8103
? Public Prosecutor, Counsellor Maher 'Abd al-Wahid, Dar al-Qadha al-'Ali, Ramses Street, Cairo, Egypt, Fax: +202 577 4716
? Ambassadeur Sameh Shoukry, Av. Blanc 49 (2?me), CH-1202, Gen?ve, Suisse, e-mail: mission.egypt@ties.itu.int, fax: +4122 738 44 15

Please also write to the embassies of Egypt in your respective country.

Geneva, 31 January 2007