Egypt: A chilling message and a case in uproar

A chilling message sent by award-winning photojournalist Mosa’ab El Shamy via his Twitter account on Monday filled his 41,000 online followers with dread. Alerting them that his brother, reporter Abdullah El Shamy, had been “removed from his prison cell and taken to an unknown location”, Mosa’ab added that he was “still trying to find out more.”

Abdullah, who works as a journalist with the Arabic-language Al Jazeera (AJ) Misr Mubasher Channel, has been detained at Cairo’s Torah prison since August. He was arrested outside the Raba’a El Adaweya Mosque in Cairo’s eastern residential neighbourhood of Nasr City while filming the forced dispersal of a sit-in by supporters of toppled Islamist President Mohamed Morsi. At least 600 protesters were killed and thousands more were injured in a single day of violence when security forces stormed the pro-Morsi encampment on August 14 .

Mosa’ab’s Twitter post provoked an angry outcry from hundreds of internet activists who demanded that the Egyptian authorities “immediately disclose the whereabouts of the 26 year-old AJ detainee.” The fact that Abdullah has been on hunger strike since January 27–and had reportedly lost a third of his body weight–further fueled concerns over his disappearance and ailing health.

“If they can let a prisoner on hunger strike like Abdullah El Shamy just vanish in Egypt, what does Foreign Minister Fahmy’s talk of ‘due process’ really mean?” asked Jonathan Moremi, a journalist with the independent Egyptian paper Daily News Egypt.

On a recent visit to the United States, Egypt’s Foreign Minister Nabil Fahmy told US Secretary of State John Kerry that the country’s courts were “independent of the government.” He insisted that a “due process” was allowed in all court cases, leading to “fair decisions” by the judges. His statements came in response to criticism from US officials and international rights groups of an April court decision sentencing 683 Muslim Brotherhood supporters to death for their role in protests last year against the overthrow of Mohamed Morsi. Kerry called the mass death sentences a “dangerous development.” Amnesty International, meanwhile, said “the Egyptian judiciary risked becoming a part of the authorities’ repressive machinery.”

In a blog titled “Where is Abdullah El Shamy?” posted on her website Wednesday, prominent Egyptian blogger Zeinobia said that blood samples taken by Abdullah’s family had shown he was “on the verge of kidney failure.” She also reminded readers that “journalism is not a crime.”

Abdullah is one of 17 journalists currently imprisoned in Egypt and one of four detainees working for the Al Jazeera news network , according to a recent report released by the Committee for the Protection of Journalists , CPJ. Sixty five journalists have been detained since the military takeover of the country in July 2013, the CPJ report adds. Analysts say Abdullah’s situation appears to be “more serious” than that of the other three AJ journalists who have been charged with “fabricating news that harms national security” and “aiding a terror group.” Abdullah has languished in prison for nine months (four months longer than his detained colleagues) and unlike them, he has not been charged thus far. Furthermore, he works for the Al Jazeera Mubasher Misr, a network that has been accused by the Egyptian government of being “a mouthpiece for the Muslim Brotherhood”, designated by Egypt as a terrorist organization last December. The three other AJ detainees work for Mubasher Misr’s sister channel, Al Jazeera English, generally perceived by Egyptians as being “more balanced” and “fair”.

In a letter smuggled out of his prison cell at the end of January, Abdullah described the dire conditions inside Torah prison, saying he was sharing a tiny cell with 16 inmates. Announcing his decision to go on hunger strike “to send a message to intimidated journalists practicing self-censorship” and “exhort them to overcome their fear,” Abdullah expressed a defiant spirit, telling the military junta that nothing would break his will or his dignity. In a video smuggled out of prison , he held the Egyptian authorities responsible should harm befall him. ” I have repeatedly asked for medical attention but to no avail,” he says in the video.

It took a nerve-wracking two days for Mosa’ab to find his “missing” brother. In a second message posted on Twitter on Wednesday, he informed his online friends and fans that Abdullah had been moved to solitary confinement in Tora’s high security “Scorpion Prison”. Abdullah was being punished “for refusing to end his hunger strike and for attracting international attention to his plight,” Mosa’ab said.

Heba Saleh, the Financial Times’ Cairo Correspondent, who visited the three AJE detainees on Wednesday, offered another explanation for Abdullah’s disappearance. She quoted prison authorities as saying that Abdullah was being punished “for a smuggled cell phone found in his possession.”
Meanwhile, the trial of the three Al Jazeera English journalists –Australian journalist Peter Greste, Cairo Bureau Chief Mohamed Fahmy and producer Baher Mohamed–took a turn for the worse on Thursday when Lawyer Farag Fathy– the Defence Attorney representing Greste–quit the case, accusing the international news network of jeopardizing his client’s case.

In a surprise move on Thursday, Fathy announced he was withdrawing from the case, adding that Al Jazeera was using the trial for “promotional purposes.” Fathy’s decision to step down came after the Qatari-hosted news network served a Notice of Dispute against Egypt for breaching a 1999 investment treaty with Qatar, Hayden Cooper , ABC’s Middle East Correspondent reported on Thursday. In an article published online by Australia’s ABC news network, Cooper said Al Jazeera was seeking US Dollars 150 million in compensation from Egypt for losses the media outlet had incurred as a result of the closure of its offices in Cairo, the jamming of its satellites broadcasting in Egypt and the mistreatment of its journalists.

Thursday’s court session made little headway as defence lawyers complained to the judge that the prosecution had asked them to pay an exaggerated fee of 1.2 million Egyptian Pounds to review “the evidence.” Adjourning the trial until May 22, the judge urged the prosecutors to allow the lawyers access to the video footage they claim contains “evidence” against the defendants. He also asked them to state in writing their “desired price” for making the footage accessible to the lawyers.

The new developments threaten to further prolong the case that has dragged on for four and a half months. Defence lawyers and analysts fear the recent turn of events may also threaten the final outcome of the case, resulting in an unfair verdict. The four detained AJ journalists, including Abdullah El Shamy, are caught up in the middle of the Egypt-Qatar political dispute, they say, adding that the case is clearly “political” and hence there is little hope that justice will prevail. Abdullah, who has completed 100 days on hunger strike, may not live long enough to hear the verdict.

This article was posted on May 16, 2014 at indexoncensorship.org

Egypt: Law will “severely erode civil liberties”

Political activists rallied in front of the Egyptian Journalists Syndicate in Cairo to demand the immediate release of detainees. (Image: Khaled Basyouny/Demotix)

Political activists rallied in front of the Egyptian Journalists Syndicate in Cairo to demand the immediate release of detainees. (Image: Khaled Basyouny/Demotix)

Within the next few days, Egypt is expected to put into effect a new counter-terrorism law that rights groups warn could “severely erode civil liberties” and “reinstate the old police state that existed under deposed president Hosni Mubarak”. 

Earlier this month, three bombs exploded outside Cairo University killing a police general. The attacks — the latest in a string of bombings targeting security forces — prompted the government to speed up review of the stricter security bill that the authorities say is necessary “to better protect citizens against the terrorist threat”. The bill contains provisions that would significantly broaden the definition of terrorism and would give police and prosecutors more power to deal with “terror suspects”. If passed, the new legislation would also allow for stricter punishment of perpetrators of “terrorist crimes”.

Skeptics meanwhile, fear that the controversial anti-terrorism law would pave the way for more repression and greater rights violations as the authorities intensify and widen their crackdown on dissent of all stripes. In an interview broadcast on Al Jazeera, Dr. Abdalla El Ashaal, an Islamist thinker and professor of international law at the American University in Cairo stressed the need for a precise definition of terrorism. He cautioned that under the new law, government critics and opponents would likely be classified as terrorists.

The proposed bill defines a terrorist act as “use of force, violence, threats or intimidation to disturb public order or endanger the safety of the society”. It also lists a wide range of activities that would be considered “terrorist crimes” including harming individuals, intimidating them , putting their lives, freedom and security at risk; harming national security, harming the environment, monuments and public property and hindering the work of the authorities, judicial bodies, houses of worship, educational institutions and diplomatic and consular missions. The bill also extends the definition of “a terrorist act” to include behaviour that “damages or harms the communications or information system, financial sector or national economy”.

Under the draft law, “establishing, organising or heading a terrorist group is punishable by death”. Leaving no ground uncovered, the draft law further stipulates a two-year jail sentence or a fine of up to LE 10,000 (Egyptian Pounds) for anyone insulting a public employee verbally or with a sign.

The “loose definition” of terrorism in the bill has drawn denunciation from Egyptian rights organisations. In a joint statement released by 20 rights groups, they warned that “absence of the rule of law and resorting to repressive security measures and exceptional laws will undermine human rights and only lead to increased acts of armed violence and terrorism”. The broad provisions in the bill also pave the way for harassment of “peaceful political opposition members, rights activists, and pro-democracy groups,” the statement added.

The anticipated issuance of the new legislation comes as revolutionary groups in Egypt become increasingly vocal in their opposition to the draconian anti-protest law passed late last year. The pro-democracy groups have in recent days organised a series of events including a weekend marathon of runners and cyclists to bring attention to the plight of “political detainees” jailed for staging “unauthorised protests”. Three liberal activists and leading figures of the January 25 uprising are among the detainees. Last week, a Cairo appeal court upheld the jailing of activists Ahmed Maher, Ahmed Douma and Mohamed Adel for three years for protesting without police permission and assaulting a police officer. In comments to Reuters, Sarah Leah Whitson, executive director for the Middle East and North Africa at Human Rights Watch criticised the verdict against the activists as “another nail in the coffin of the January 25 Revolution”.

Both the anti protest law passed in November and the counter-terrorism bill — which will likely be signed into law before the end of the week — are part of the government’s efforts to stifle political activism and silence dissent. Revolutionary activists and rights campaigners fear the draconian laws will provide legal cover to extrajudicial killings, torture in prisons and unfair trials, allowing the authorities to clamp down even harder on the opposition.

Rights activists are also cautioning that the new law “may intensify violence and terrorism in Egypt” — a country wracked by political turmoil since the unseating of Islamist President Mohamed Morsi by military-backed protests in July 2013. At least 1,400 people have been killed and thousands of Muslim Brotherhood members and supporters have been arrested in a massive security crackdown on dissent in the wake of Morsi’s ouster. Most of the deaths have occurred in violent clashes between pro-Morsi protesters and security forces in which the latter have been accused by rights organisations of using disproportionate lethal force. The Muslim Brotherhood, the Islamist group which rose to power in Egypt’s first free and fair parliamentary elections, post revolution — and from which Morsi hails — was designated as a terrorist organisation in December.

Since the ousting of  Morsi in July, there has been a surge in militant attacks targeting mainly military and police forces but also, the country’s minority Christian population and tourists. Initially concentrated in the Sinai Peninsula, the terror attacks — mostly claimed by the Sinai-based jihadi group Ansar Beit Al Maqdis — have in recent months spread to other parts of the country. Over the last few weeks, Egypt has also been rocked by a wave of student protests at state-universities across the country. Clashes between student protesters and security forces using tear gas and bird shot have resulted in the deaths of several young protesters and the arrests and detention of scores of others. The students are protesting a recent court ruling allowing police to return to university campuses and are demanding the release of student-detainees .The protesters are also opposed to former Defence Minister Abdel Fattah El Sisi’s presidential bid. Field Marshal El Sisi retired from the army earlier this month and announced his candidacy in the presidential elections, scheduled to take place on 26 and 27 May. In a televised address to the nation announcing Morsi’s removal from power last summer, the former army chief had promised an inclusive government, pledging a limited role for the army in politics .

“The proposed counter terrorism bill signals a reversal of the hard-earned freedoms gained after the January 2011 uprising and will take the country back to its pre-January 25 revolutionary state,” laments Gamal Eid, the Executive Director of the Arab Network for Human Rights.

This article was posted on 14 April 2014 at indexoncensorship.org

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