Showing posts with label Human Rights Watch. Show all posts
Showing posts with label Human Rights Watch. Show all posts

Saturday, December 27, 2014

Egypt: Surge of Military Trials

DECEMBER 18, 2014
Source: Human Rights Watch

Curtailing the use of military courts to try civilians was one of the few tangible gains of the 2011 revolution, but that’s out the window now. Al-Sisi’s administration is methodically reversing the reforms achieved in 2011, while the United States and other governments resume arming the government as if none of it matters.
Sarah Leah Whitson, Middle East and North Africa director

(New York) – Egyptian authorities have referred hundreds of civilians to military courts based on an October 2014 decree by President Abdel Fattah al-Sisi. At least 820 civilians have been referred to military prosecutors in the past six weeks based on the unprecedented extension of military court authority, according to news reports compiled by Human Rights Watch.

Civil prosecutors have used the October decree retroactively, referring cases of civilians already under investigation or facing trial in civilian courts to military jurisdiction. Some had been released on bail by civilian courts.

“Curtailing the use of military courts to try civilians was one of the few tangible gains of the 2011 revolution, but that’s out the window now,” said Sarah Leah Whitson, Middle East and North Africa director. “Al-Sisi’s administration is methodically reversing the reforms achieved in 2011, while the United States and other governments resume arming the government as if none of it matters.”

Egypt’s military courts operate under the authority of the Defense Ministry, not the civilian judicial authorities. The judges are serving military officers. Military court proceedings typically do not protect basic due process rights or satisfy the requirements of independence and impartiality of courts of law. Children can fall under the jurisdiction of military courts, which Human Rights Watch opposes under any circumstances.

On December 15, 2014, the Supreme Guide of the Muslim Brotherhood, Mohamed Badie, and other top leaders of the group, including Mohamed el-Beltagy, Essam el-Erian, and Safwat Hegazy, were among 310 defendants whose cases were transferred by the general prosecutor in the city of Ismailia. They had been on trial for rioting and inciting violence leading to the torching of the Ismailia Courts Complex in August 2013. The Egyptian authorities labeled the opposition Brotherhood a terrorist group in December 2013.

On the same day, prosecutors referred another 40 alleged supporters of the Brotherhood, to the Ismailia military court. They face charges arising from their alleged role in protests, inciting violence, and blocking roads. Eight of nine women and girls among the defendants are secondary school or university students who have been free on bail for several months. They now face possible re-arrest. Human Rights Watch could not confirm the ages of all defendants, but military courts in Egypt, unlike civilian courts, do not differentiate in their treatment ofchildren and adults.

On December 13, 2014, Egypt’s prosecutor general referred 439 people for trial by a military court on charges linked to their alleged participation in deadly violence that broke out after the military’s removal of former president Mohamed Morsy in 2013. Of the 439, 139 had been facing trial before an ordinary criminal court in the Minya governorate, while the others were being tried by an ordinary court in Beheira governorate. On December 4, 2014, the chief prosecutor of Menoufia governorate referred 26 men, including six students, to military prosecutors. They face charges of rioting and belonging to a banned organization – the Muslim Brotherhood.

In November, a Cairo criminal court judge referred five al-Azhar University students for trial by a military court because, he said, President al-Sisi’s decree meant that his court “lacked jurisdiction” to try the students who were accused of torching the university's control room in January. Another 11 alleged Brotherhood supporters in the Kafr al-Sheikh governorate were referred to military court trials on charges that relate to events in August. Six of them were accused of disrupting railway tracks, and the other five were accused of planting a bomb in a court.

President al-Sisi issued the October decree, Law 136 of 2014, in the absence of an elected parliament. The decree places all “public and vital facilities” under military jurisdiction for the next two years. Article 2, which officials are using to give the law retroactive effect, requires state prosecutors to refer any crimes committed at those venues to their military counterparts.

The Egyptian Observatory for Rights and Freedoms, a local-based activist group, on December 16 made public photocopies of a November 11 decision allegedly by Prosecutor General Hisham Barakat requiring prosecutors throughout the country to “compile and send any cases related to aforementioned crimes, at any stage (of investigations), to military prosecutors whenever asked to do so.” Article 95 of the Egyptian Constitution stipulates that penalties may “only be imposed for acts committed after the effective date of the law imposing it.”

“Militarizing the trials of civilians, including children, is taking Egypt in the wrong direction, and doing so retroactively compounds the abuse,” Whitson said.

The African Commission on Human and Peoples’ Rights, in interpreting the African Charter on Human and Peoples’ Rights (to which Egypt is a state party), has said that military courts “should not, in any circumstances whatsoever, have jurisdiction over civilians.”

According to article 93 of the Egyptian Constitution, the international human rights agreements, covenants, and conventions to which Egypt is a state party have the force of law.

Ahmed Helmy, a lawyer who has represented defendants before military courts in multiple cases, told Human Rights Watch that he believes that the authorities are acting unconstitutionally by retroactively applying the decree.

“President al-Sisi should repeal his October decree before more damage is done if he has any concern for preserving Egypt’s reputation and the new constitution he has sworn to protect,” Whitson said. “He should also annul all verdicts against civilians that military courts have handed down since his government took power and order their retrial before civil judges.”

Tuesday, January 28, 2014

5 Ways Life Has Become Intolerable for This Country's Women

Takepart.com
Source: Yahoo News
 
The woman and her three young children sat in the house, growing more anxious every time the sounds of war echoed around their walls. As her neighbors fled, she knew it was time to seek safer ground.
But she couldn't leave the house. Women are forbidden to go out in public without a male relative, and she was a widow with no other male family members around. If she left, she could be beaten or abducted, like some of the other women who defied the restrictions.

So she stayed. The fighting intensified, and grew closer, until a shell hit their home. A neighbor told human rights watchers that their bodies were trapped in rubble for four days afterward. They all died.
The family lived in the town of Tell Aran in northern Syria’s Aleppo Governorate. It’s part of the bigger story of how draconian restrictions on women—implemented by extremists in the country’s ongoing civil war—have curtailed freedoms and changed their lives dramatically.

Trapped indoors: They can’t go where they want, when they want
Life before the war wasn't perfect, but Syrian women had relatively reasonable levels of independence in society, especially compared with their counterparts in the Arab world. The government boasted reduced penalties for honor killings targeting females, and women had to get permission from a male relative to travel abroad. But there was participation in public life through schools and working outside the home.

Ever since armed extremist groups Jabhat al-Nusra and the Islamic State of Iraq and Sham took control of the country’s north and northeastern areas, said Human Rights Watch, refugees in Iraqi Kurdistan and Turkey are reporting major changes in interviews.

Women could not go outside in public on their own—even to buy essentials such as food—without a male relative to escort them. Those who showed up solo to markets and bakeries were turned away by armed extremists.

One refugee told Human Rights Watch: “It was like we were in jail. We couldn’t even go outside near our house. If we went outside, Jabhat al-Nusra would tell us to go back in our houses.”

Some women were barred from driving and prevented from taking public transportation.

Going to work or school is not an option

In some places in Syria, women were prohibited from working outside the home and getting an outside education.

One 20-year-old refugee said that extremists prevented her and other female students from signing up for university exams. “They refused to talk to me, even though I was wearing a head scarf,” she told Human Rights Watch. “I was wearing Western clothes, and they said this was not acceptable.”

Another young refugee reported that she and her friends decided to stop going to school because they were afraid of the extremists.

In other areas, they were barred from going to work and school as a punishment for not following strict Muslim dress codes.

The lack of male family members makes the restrictions even more punishing

Given that 85 to 90 percent of the approximately 130,000 who have died in Syria’s civil war to date are men, said Liesl Gerntholtz, executive director of women’s rights at Human Rights Watch, the restrictions on women’s movement are especially damaging.

“A lot of men are either fighting, away, or have died,” she said. “So now, many households are headed by women who don’t have male relatives around.”

Even access to essential survival items has been limited.

All the restrictions have a domino effect. Women have a tough time buying food for their family or accessing health care.

According to two refugees interviewed by Human Rights Watch, some women would go to villages far away where extremists were not present. This way, they could buy food and other necessities without fear.

Forced to cover and conform to Islamic dress

Islamic law, known as sharia, requires women to cover their hair and most of their bodies and dress modestly—and has been enforced by the extremist groups. Makeup, close-fitting clothing, and jeans are prohibited. The groups announced these requirements at mosques and via posters and pamphlets, but thuggish enforcers got more personal if they didn’t see women comply.

One refugee told Human Rights Watch that fighters from the extremist groups would visit homes and threaten the males of the household as a way to get the women to wear head scarves and full-length robes.
“They would say, ‘This time we are saying this to you; next time we will take action,’ ” the man told Human Rights Watch.

The climate of fear keeps them from defying orders

Reports of beatings and threats of violence against women who didn't comply—as well as abductions of women who were alone in public—has made them feel that they have no choice but to obey.

Six refugees told Human Rights Watch that in the towns of Ras al Ayn, Tel Abyad, and Azaz, local women were declared what was referred to as property “halal” by extremist leaders—which was interpreted by them that the fighters could abduct women and not be punished.

While these restrictions have played out a little differently within the north and northeastern regions of Syria, the women and men Human Rights Watch interviewed reported that they were fairly widespread between September 2012 and October 2013, according to Gerntholtz.

Though she said that it’s difficult to say whether these restrictions are representative of conditions across the entire country, she added that Human Rights Watch has no reason to believe that the other parts of the country held by extremists are handled differently.

Gerntholtz warned that these restrictions could be just the beginning of a downward spiral for the freedom of Syrian women and girls.
 
“Groups like ISIS and al-Nusra claim to be part of a social movement, yet they seem more focused on diminishing freedom for women and girls than providing any social benefit,” Gerntholtz said. “As we have seen in situations in Somalia, Mali, and elsewhere, these kinds of restrictions often mark the beginning of a complete breakdown of women’s and girls’ rights.”
  

Tuesday, December 3, 2013

Egypt: Morsy’s Ex-Aides Forcibly Disappeared

December 1, 2013
Source: Human Rights Watch

150 Days Later, Whereabouts Unknown 
 
(New York) – The Egyptian military has detained five members of former president Mohamed Morsy’s administration at an undisclosed location without judicial process and with very little outside contact since July 3, 2013. Almost five months later, the government has yet to formally acknowledge their detention or disclose their fate or whereabouts, conditions that constitute enforced disappearance. 

The government has been carrying out a systematic crackdown against the Muslim Brotherhood. The police have rounded up thousands of the organization’s leaders, members, and perceived sympathizers. Human Rights Watch has documented significant evidence of arbitrary arrests, selective targeting of activities and individuals based solely on their political objectives, and serious due process violations. 

“What kind of roadmap is this where a military-backed government can brazenly disappear former presidential aides for 150 days without any explanation?” said Sarah Leah Whitson, Middle East and North Africa director. “Forcibly disappearing people for months on end doesn’t inspire confidence that this government intends to follow the rule of law.”  

On the day it removed Morsy from power, July 3, 2013, the Egyptian military forcibly detained him and nine high-ranking members of his administration:
 
·         Ahmed Abdelaty, office director
·         Essam al-Haddad, foreign relations assistant
·         Ayman Ali, expatriate affairs assistant
·         Abdelmeguid al-Meshaly, media adviser
·         Khaled al-Qazzaz, foreign relations secretary
·         Ayman al-Serafy, secretary to the office director
·         Mohammad Rifaa al-Tahtawy, chief of staff
·         Assad El-Sheikha, deputy chief of staff
·         Ayman Hudhod, security adviser
 Family members of six detained aides who spoke to Human Rights Watch said that they lost contact with their loved ones around the time Defense Minister Abdul Fatah Sisi announced the government’s ouster on July 3. The military initially held the presidential aides incommunicado, with the exception of al-Qazzaz, who placed several short calls to his family during the first 10 days after their disappearance, assuring his family that the aides were safe and would be home soon.

In the days after July 3, the government refused to acknowledge that it was holding the former aides or to confirm their whereabouts, putting them outside the protection of the law. On July 10, Badr Abdellatty, Foreign Affairs Ministry spokesman, told Agence France Presse that, although Morsy had not been “charged with anything up until now,” he “is in a safe place, for his safety, and he is being treated with dignity.” 

Ahmed El-Muslimani, spokesman for the interim president, Adly Mansour, announced on July 16 that Morsy is “in a safe place and is treated in a matter appropriate for a former president.” Neither statement, though, provided details of where Morsy was detained, nor made mention of the nine other members of his administration. It is widely presumed that the military initially held the group in the Republican Guard Headquarters.   

The military failed to bring any member of the group in front of a prosecutor within 24 hours, as Egyptian law requires, the relatives of the six detained aides interviewed by Human Rights Watch said. Based on conversations with their husbands, the wives of two detained aides said that the military separated Morsy, al-Tahtawy, and El-Sheikha from the remainder of the group several days after their initial disappearance. 

Prosecutors on July 26 formally ordered Morsy imprisoned pending investigation on a range of charges and on August 4 brought charges against al-Tahtawy and El-Sheikha, ordering their pretrial detention for 15 days pending investigation. Their location, though, remained secret. Security officials eventually transferred El-Sheikha to Tora Prison, where he is currently held. No official statement has been made about where al-Tahtawy, who previously served as Egypt’s ambassador to Libya and Iran, is being held, although a relative told Human Rights Watch that authorities held him with Morsy at an unknown location until Morsy’s preliminary court appearance on November 4, at which point they transferred both to Borg al-Arab Prison.

Prosecutors on August 6 ordered Abdelaty and Hudhod to be detained pending investigation. On that date, security officials moved both from the secret location where they had been held for over 30 days to Tora Prison, Abdelaty’s wife, Mona al-Masri, told Human Rights Watch. El-Sheikha, Hudhod, and Abdelaty appeared in court on November 4 as co-defendants along with Morsy on charges related to the clashes outside the Ettihadiya presidential palace in December 2012. 

The five other aides – al-Haddad, Ali, al-Meshaly, al-Qazzaz, and al-Serafy – remain detained without any legal basis at an undisclosed location. On July 19, al-Qazzaz called his wife, Sarah Attia, and requested that each family deliver white clothes, the uniform for prisoners in Egypt, to a particular secure facility, where an army general would receive the clothes and deliver them to the detained aides, six relatives told Human Rights Watch. The families have since periodically delivered clothing and other items and picked up laundry in this manner. 

The families of the other four aides each had a phone call about a minute long on speakerphone from their loved ones about a month after their disappearance. The aides have had limited family contact since, though they remain unable to speak with a lawyer or have any other outside contact.

Attia, al-Qazzaz’s wife, told Human Rights Watch that she learned, based on her limited communication with her husband, that the military has held the aides together in a single room,  allowing them outside for only one hour a day and denying them access to phones or the Internet. Relatives expressed particular concern about Ali and al-Haddad, who they said have chronic health conditions that require regular access to medication and doctors. 

Several relatives of the disappeared detainees told Human Rights Watch that they feared the government was detaining their relatives to use as leverage for future negotiations with the Muslim Brotherhood. A relative of al-Tahtawy said he fears the authorities will continue to hold al-Tahtawy until a new president is elected. Mona al-Qazzaz, al-Qazzaz’s sister, said she believed her brother was being “kept in the fridge” for use by the government as a negotiating lever with the Muslim Brotherhood. Al-Haddad’s son Abdullah said he has similar anxieties about his father, given that he had a close relationship with Morsy. 

All of the relatives interviewed said they felt intimidated when it came to speaking out about their family members. The al-Haddads and al-Qazzazes, in particular, said that a number of their family members have been detained. Security forces in September arrested al-Haddad’s son Gehad, who became the spokesman for the Muslim Brotherhood after June 30. Al-Qazzaz’s father, Adly, was arrested in October. Three families told Human Rights Watch that security forces have raided their homes. 

Link: http://www.hrw.org/news/2013/12/01/egypt-morsy-s-ex-aides-forcibly-disappeared.

Friday, June 28, 2013

Rights group says Egypt's Brotherhood incites sectarian hatred

18 hours ago
Reuters
Source: Yahoo News

CAIRO (Reuters) - Human Rights Watch accused Egypt's ruling Muslim Brotherhood on Thursday of inciting religious hatred that led to the lynching of four Shi'ite Muslims in Cairo this week.
Residents of the suburb of Zawiyat Abu Musallem surrounded a house where a prominent Shi'ite cleric had arrived on Sunday for a religious festival. They attacked the guests, killing at least four and mutilating their bodies.
Police arrested eight people over the killings.
"The brutal sectarian lynching of four Shia comes after two years of hate speech against the minority religious group, which the Muslim Brotherhood condoned and at times participated in," said Joe Stork, deputy Middle East director at New York-based Human Rights Watch.
The Muslim Brotherhood, the movement of President Mohamed Mursi, was not available for comment.
Conservative Sunni Muslims, fearing the spread of Shia Islam in Egypt, have increased their anti-Shi'ite rhetoric since a visit by Iranian President Mahmoud Ahmadinejad in February, who called for a strategic alliance with Egypt.
Shi'ites, the majority in Iran, form a small minority of Egypt's 84 million population and keep a low profile.
"This horrific incident in Abu Musallem shows that Shi'ites can't even gather in the privacy of their homes to celebrate and heightens fear of persecution among all religious minorities in Egypt," Stork said.
President Mursi condemned the crime but his liberal opponents accuse him and his Muslim Brotherhood of allowing ultra-conservative Salafi allies to whip up anti-Shi'ite sentiment in return for their support.
Mursi was a guest of honor this month at a rally where a cleric described Shi'ites as heretics.
HRW's report said the investigation into the attack needed to look into the failure of police to intervene to halt the mob attack.
"The official response to the killings falls far short of what is needed to protect Shia in Egypt from future attack and protect their right to religious freedom," Human Rights Watch said.
(Reporting by Asma Alsharif; Editing by Alastair Macdonald and Robin Pomeroy)