Press release
Cairo:5/4/2003

The Series of Arresting Anti-War Protestors Continues

             EOHR is deeply concerned about the persistence of anti-war protestor arrests.  Yesterday, political leaders and activists (from the political parties El Wafd, El Tegemoah and El Nasiree) went to El Sayida Aisha Square to organize a peaceful demonstration and mass march.  Their route was supposed to go through the following stages but ended prematurely at El Sayida Aisha Square when they got arrested: El Sayida Aisha in El Khalifa, continuing through Mohammad Ali Street in Bab El Khahl Square, on to El Attaba Square through 26 July Street and ultimately finishing at the American Embassy in El Tahrir Square.  They wished to express their disdain for the US air strikes on Iraq.  This demonstration comes at a time when the implementation of a ruling in case number 7741 of the judicial year 57 issued on 4 February, 2003 is in question.  In this case, the court allowed the plaintiff, Dr. Abdel Mohsen Hammouda, to carry out this mass march without notifying proper authorities.

            Security forces yesterday put iron bars in order to close all entryways to Seyida Aisha Square in Cairo and arrested about 45 representatives from various political parties.  Thirty four were released; others were taken to central security headquarters in El Darassa to be presented before state prosecutors in El Khalifa at midnight. (Reference administrative case number 2481/2003, El Khalifa.)

             They were charged with the following crimes: disseminating propaganda aimed at disrupting public security and order; having publications meant to incite disruption of public order; participating in assemblies exceeding five persons and damaging public monies and properties. 

            The prosecution decided to detain the accused for fifteen days pending investigation.  Dr. Gamal Abd El Fatah was presented today before state prosecutors in order to hear his accounts regarding allegations of torture while being arrested on March 24, 2003.  Prosecutors examined him and concluded he suffered several injuries.  In addition to the harsh bruises he sustained, he also had blood clots, particularly along his lower spine, his upper right thigh and lower back left thigh.  He also bled internally along his calf muscles.  As a result, prosecutors referred him to forensic doctors to be examined tomorrow. 

            EOHR supports the right to demonstrate; it is an Egyptian constitutional right (found in Article 47).  The article provides that “Freedom of opinion is guaranteed.  Every individual has the right to express his opinion and to publicize it verbally or in writing or by photography or by other means within the limits of the law.  Self-criticism and constructive criticism is the guarantee for the safety of the national structure.”  Article 54 of the Constitution also provides that “Citizens shall have the right to peaceable and unarmed private assembly, without the need for prior notice.  Security men should not attend these private meetings.  Public meetings, processions and gatherings are allowed within the limits of the law.”  EOHR believes that the complaint (desiring to assemble without seeking official permission) filed by Dr. Hammouda will stand.  Subsequent to the initial verdict of the court allowing his request, the Ministry of Interior legally filed for and was denied injunctive relief.   Its second appeal, though legally moot, is still pending.  The second appeal for injunctive relief cannot legally suspend the implementation of the first verdict according to Egyptian law.  In addition, the administrative court does not have jurisdiction to hear a petition for injunctive relief concerning a matter it heard; that would breach article 64 of the Egyptian constitution which states in relevant part that the “Sovereignty of the law shall be the basis of rule in the State.”  Also, the refusal of the Ministry of Interior to implement the court ruling in favor of Dr. Hammouda is considered to be a breach of legal bases and trust in the rule of law.  EOHR again condemns the unjustified restrictions imposed by security forces against protestors who assembled peacefully.  EOHR calls on the Attorney General to issue a decision releasing all detainees because they are prisoners of their consciences who are practicing rights guaranteed to them by the Egyptian constitution as well as International Covenants on Human Rights ratified by Egypt .