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Defending the right to peaceful demonstration
The right to peaceful demonstration: victim of excessive used of force and legislation which restricts freedoms
A report by the Egyptian Organization for Human Rights 7/4/2005
Introduction
Egypt witnessed large numbers of peaceful demonstrations in 2005, beginning in Cairo and spreading north to Cairo and Arish. Civil society representatives and fellahin from the village of Sarando congregated alongside People's Assembly members in front of the Supreme Judiciary Building on the 17th March 2005, while on the 18th March 2005 in Arish, the capital of North Sinai, thousands of residents - most of whom were female relatives of individuals detained after the 7th October 2005 Taba bombings - demonstrated against the continued detention of their loved ones. On the 27th March 2005 the Muslim Brotherhood organised a demonstration in front of the People's Assembly.
This is in addition to other demonstrations such as that organised by the Egyptian Popular Movement for Change (Kifaya - "Enough") in Cairo, Alexandria and Mansoura which was banned by the security authorities. Two activists involved in the Movement where arrested while others where threatened with arrest. Anti-riot squads mobilised early on the day of the demonstrations in large numbers, surrounding government buildings and the American and British Embassies. The Kifaya Movement decided to change the location of the protest from in front of the People's Assembly to the Journalists' Syndicate headquarters after the police demanded that the protestors disperse under the threat of arrest.
In Alexandria security forces prevented the Kifaya Movement from holding its planned demonstration and, according to the Kifaya spokesman Abdel Qandil, arrested 22 activists, including Dr Mohamed Abbass, Rabia Idriss, an engineer, Mahmoud al Rouby, a lawyer and Bilal Hamed, a union leader. Qandil stated that despite these arrests, the demonstration attracted more than 800 people.
The same scenario was repeated in Mansoura, where security forces launched an arrest campaign at dawn on the 30th March 2005 and arrested Movement leaders Ibrahim Salah, an accountant, and activist Abdel Meguid Rashed. Nearly 250 people participated in the demonstration according to Qandil.
Students from Cairo, Tanta (Kafr el Sheikh branch) and Al Azhar Universities held demonstrations with demands varying from university to university, ranging from protests at the continuing state of emergency, demands that the 1979 Student Regulations be amended and protests to mark the anniversary of the assassination of Sheikh Ahmed Yassin.
These demonstrations were peaceful, did not disturb everyday life, block traffic or damage public or private property. Rather, they were positive demonstrations of the consciousness of the Egyptian masses and vitality of the proverbial Egyptian "street" which voiced its concern about current issues, whether political, economic or social. Such demonstrations are a manifestation of democracy of and respect for human rights, but despite this, we find that the rights to peaceful protest and assembly continue to be infringed - in violation of the Egyptian Constitution and international human rights instruments signed by Egypt which became part of Egyptian law upon ratification by virtue of article 151 of the Constitution. These rights have become the victim of unjustified excessive use of force by security bodies and a series of oppressive laws such as Riotous Assembly Law 15 [1914], Meetings and Demonstrations Law 14 [1923], Emergency Law [1958] and Police Organisation Law 109 [1971. Worse still, groups organising peaceful demonstrations are branded as deviant, anarchic or traitorous while their counterparts in democratic societies are venerated and given wide margins of manoeuvre to stage demonstrations.
Despite differences in terms of the timing, place, organising bodies and demands of the demonstrations, they shared a common feature; a large security presence, the use of truncheons and electric stun guns against demonstrators and the arrest and detention of large numbers of protestors. These security forces excesses are a flagrant violation of the right to peaceful assembly guaranteed by articles 49 and 54 of the Egyptian Constitution and article 21 of the International Covenant on Civil and Political Rights (ICCPR).
EOHR dispatched a team of lawyers to these demonstrations and monitored the following violations:
1. The Egyptian authorities continue to violate provisions of the Constitution and international human rights instruments on the right to peaceful assembly and the right to freedom of expression. Indeed, they consider the exercise of this right a crime requiring immediate punishment, as was made clear by the Interior Minister Habib al Adly in Al Ahly newspaper on the 23/3/2005 when he said that he would - using maximum force - crack down on individuals he described as "impolite" who insult political leaders during demonstrations, and would be merciless against them.
2. Increased assaults of demonstrators and those involved in peaceful assemblies, and the use by security forces of truncheons to disperse demonstrators which led to the injury of many demonstrators including People's Assembly member Hamdeen al Sabahy.
3. A number of demonstrators were detained, including Ibrahim al Sahary, a journalist with Al Alam al Youm newspaper and Mohamed Mahmoud Abdallah al Shenawy and Ahmed Mahmoud Abdallah al Shenawy, residents of Sarando, while they were taking part in the demonstration in front of the Supreme Judiciary Building. Dr Abdel Moneim Abu al Fatouh was arrested during the Muslim Brotherhood demonstration in front of the People's Assembly.
4. There was a large security presence and demonstrators were contained from all sides. Public transport was delayed in Cairo and people prevented from passing through Tahrir Square.
5. Demonstrations were banned and all roads leading to the venue of the planned demonstrations closed. All assemblies were broken up.
This report contains the following three sections:
1. EOHR's monitoring of events during the Supreme Judiciary Building, Arish and People's Assembly demonstrations
2. Legal provisions on the right to peaceful assembly
3. Recommendations
1. EOHR's monitoring of events during the Supreme Judiciary Building, Arish and People's Assembly demonstrations
a. The Supreme Judiciary Building demonstration
On the 17/3/2005 just under one hundred civil society representatives, residents and fellahin from the village of Sarando, Beheira, joined members of the People's Assembly in front of the Supreme Judiciary Building at around 1 p.m. in protest at the events which had recently taken place in
Sarando (1) Demonstrators began shouting slogans against the use of violence against the Sarando villagers, but were encircled by central security soldiers whose numbers were ten times greater than the protestors. Members of the security forces began attacking demonstrators inside the Supreme Judiciary Building using wooden truncheons and sticks, forcing some demonstrators to flee quickly into the court while others fell to the ground. Despite this, security forces continued their pursuit of the demonstrators and carried on hitting them using truncheons. This led to a large number of injuries. Ibrahim al Sahary, Mohamed Mahmoud Abdallah al Shenawy and Ahmed Mahmoud Abdallah al Shenawy were arrested and detained. When People's Assembly member Hamdeen al Sabahy inquired about the reason for their detention he was subject to an assault during the course of which his clothes were ripped.
EOHR lawyers observed a large number of members of the security forces dressed in plain clothing carrying electric stun guns among the ranks of the demonstrators.
2. Arish
On the 18th May 2005 thousands of Arish residents (most of whom were female residents of individuals detained after the 7th October 2005 Taba bombings) and members of the North Sinai Popular Committee for the Support of Human Rights congregated in al Rifaei Sqaure, Arish after the Friday prayer in protest at the continued detention of thousands of their loved ones without charge (2).
The protestors bore placards with the slogan "Governor, where have you put our children?"
The protestors tried to proceed with the demonstration but were stopped by members of the security forces who attacked them with truncheons and electric stun guns in order to disperse them. More than one thousand central security soldiers encircled the protestors, and clashes between the two sides let to the injury of three protestors and three soldiers. A police car was set on fire and twelve protestors arrested.
Scores of mothers, wives and sons gathered on Fridays throughout January and February 2005 demanding the release of their loved ones.
3. The People's Assembly
On the 27th March 2005 a peaceful demonstration was planned beginning at various points such as Giza Square, Abdeen Square and Ramsis Square and ending in front of the People's Assembly Building. The demonstration was organised by the Muslim Brotherhood to demand constitutional amendment, annulment of the state of emergency and to express rejection of inherited rule. It had also been planned to present a memorandum of these demands to the head of People's Assembly via Muslim Brotherhood members of Parliament. Despite security forces giving permission for the demonstration, on the day itself the following events took place:
a. Tahrir Square transformed into a military barracks
Tahrir Square was flooded with thousands of soldiers from 8 a.m. on the day of the demonstration with the result that people were prevented from passing freely through the Square.
There was a similar large security presence in all major squares and roads leading to Tahrir Square, throwing traffic circulation in the capital into chaos.
b. Prevention of pedestrians from passing through Tahrir Square and roads leading to it.
Security forces completely encircled Tahrir Square and thousands of soldiers stationed on all roads leading to the People's Assembly in order to prevent demonstrators from reaching it. Tahrir Square was sealed off both from Abdel Moneim Riyadh Square which lies adjacent to it and Doqqi Square.
The Qasr el Nil Corniche which leads to Qasr el Aini was closed, as were all roads and side streets leading in the area. Neither cars nor pedestrians were permitted from passing through Qasr el Aini Street or the area surrounding the People's Assembly, Cabinet headquarters, Health Ministry and Ministry of Finance leading to altercations between frustrated motorists and the prevention of parents from waiting for their children outside the schools located in this area.
c. Arbitrary arrest of protestors
Demonstrators were surprised by arbitrary arrest campaigns and detention inside central security vans. For example, one group consisting of some 500 people coming from Qasr el Aini Street was broken up after confrontations broke out between the group and members of the security forces resulting in the arrest of 150 people of whom 34 were released straight away. Another group, some 200 strong coming from Doqqi Square was similarly dispersed as was a group coming from the Fath Mosque in Ramisis Square. Another group coming from Abdeen Square was prevented from entering Qasr el Aini Street.
2. Legal provisions on the right peaceful assembly
The Egyptian Constitution guarantees the right to peaceful assembly in a number of its articles. Article 54 provides:
Citizens have the right to hold peaceful and unarmed private meetings and are not obliged to give prior notice. Members of the security forces are not permitted to attend these meetings. Public meetings, marches and gatherings are allowed within the limits of the law.
In case freedom of assembly had been envisaged without the right to freedom of opinion and expression article 47 provides:
Freedom of opinion is guaranteed. Every individual has the right to express his opinion and to publicise it verbally, in writing, by photography or by other means within the limits of the law. Constructive self-criticism ensures the health of the national structure.
In the light of these two provisions it is clear that freedom to hold meetings without interference from members of the security forces is a fundamental constitutional right which secondary legislation must not violate or restrict. In practice this means people should not need to inform the security authorities that they plan to hold public or private meetings (according to the text of the Constitution.)
Laws restricting freedom of peaceful assembly
The protection afforded to peaceful assembly and freedom of expression by the Constitution is in reality undermined by a package of laws which attack and restrict these rights. They include:
1. Riotous Assembly Law 15 [1914]
Riotous Assembly Law 15 is considered an exceptional law of a nature similar to a martial decree (the law was promulgated during the exceptional circumstances Egypt experienced under the oppression of the British occupation. The martial decrees were passed after the breakout of the 1st World War.) Law 15 grants absolute power to the executive authority to restrict freedom of movement and expression. Despite the fact that Law 15 pre-dates the 1971 Constitution, it continues to be applied despite its unconstitutionality and its infringement of the ICCPR's provisions on peaceful assembly and freedom of opinion and expression.
2. Meetings and Demonstrations Law 14 [1923]
The constitutionality of the Law is doubtful given that it was passed in the absence of Parliament. It contains three main problematic provisions which flagrantly violate the right to peaceful assembly:
a. The obligation to notify the police before holding a meeting
Article 2 of Law 14 obliges anyone wishing to hold a meeting to inform the security authorities at least three days before the meeting is held. This notification period is reduced to 24 hours where the meeting concerns an election. These requirements violate article 54 of the Constitution.
b. The right of the police to ban a meeting in advance
Article 4 of the Law allows the police and governors to ban meetings in advance. Article 9 provides that article 4 applies to all meetings, marches and demonstrations of a political nature held in public roads or squares. It is clear that the breadth of the phrase "for political purposes" renders this provision unclear, and perhaps even unconstitutional. The Supreme Constitutional Court has previously held that constitutional provisions must be clear and expressions used must have a defined meaning in order that there can be no disagreement as to their interpretation.
c. The right of the police to attend and break up meetings
The security forces are given wide powers to attend and break up meetings. This right contravenes the Constitutional provisions described above, does not oblige members of the security forces to follow any orders or procedures when dealing with these groups and does not impose any restrictions on them.
3. Police Organisation Law 109 [1971]
This piece of legislation is the final link in the chain of laws which smother any attempts to exercise the right to peaceful assembly and freedom of opinion. Article 3 of the Law provides:
The police's duty is the maintenance of order, public security and morals and protection of lives and property. The police force is particularly concerned with the prevention and investigation of crime. It is also charged with guaranteeing citizens' peace of mind and security in all areas and carrying out the duties imposed on it by laws and statutes.
In summary, according to this outline of police officers' duties the law grants them several ways of carrying out their duties, including the use of physical force in order to compel people to observe laws, statutes and administrative orders and prevent any transgression of public order.
Article 102 of the Law allows police officers to use "the necessary force to carry out a duty where this is the only means of performing this duty." This article opens the door to the use of force whose limits are not delineated clearly. The meaning of "necessary force" is left to individual police officers to interpret and the article does not describe finite forms of force which may be used unlike legislation in other countries where the use of firearms for example, is subject to strict and clear conditions.
The situation in Egypt is quite the opposite; demonstrators are fired on using tear gas canisters and live and rubber bullets to the upper half of their bodies - immediate punishment for their involvement in the demonstration.
4. Emergency Law 162 [1958]
Law 162 restricts the right to peaceful assembly, giving the authorities wide powers to place restrictions on individual's right to free movement.
These laws clearly demonstrate that the rights to peaceful assembly and protest (which constitute one form of the right to freedom of expression) are under attack. This leads, and will continue to lead, to clashes as long as Egyptian legislation criminalises these rights.
Egyptian legislation must therefore be reviewed and provisions which infringe the Constitution and binding international human rights instruments ratified by Egypt removed.
3. Recommendations
In issuing this report the Egyptian Organization for Human Rights hopes that serious and effective steps will be taken to better organise the right to assembly and peaceful demonstration, and makes the following recommendations to bring this about:
1. The Egyptian government must take serious and effective steps towards annulment of Law 10 [1914] and Law 14 [1923] and replacing them with other laws on this right in harmony with constitutional and international standards. It must also review the Egyptian constitutional structure in order to bring it in line with the Egyptian Constitution and international human rights instruments.
2. All groups, organisations and political parties must be given the right to protest according to the following acknowledged manner:
a. The group wishing to stage a demonstration must notify the security authorities of its planned course, where it will begin and end and its timing in order that security bodies can take the necessary measures to protect the demonstrators.
b. Demonstrators must be allowed to hold up placards and slogans and meet journalists and news agencies.
3. All steps necessary to guarantee that people in Egypt are allowed to enjoy their right to peaceful assembly must be taken. They must also be protected from assault and arbitrary detention by the security forces because of their exercise of this right, guaranteed by the Egyptian Constitution and international instruments.
4. The police and security forces must receive appropriate training in order to further their sense of responsibility. This training should introduce them to international standards contained in United Nations documents concerning the conduct of law enforcement officials and the United Nations principles on the use of force and weapons.
5. The Interior Ministry must issue clear and strict directives to security forces instructing them not to use force in order to break up demonstrations and restricting the use of truncheons, electric stun guns and both rubber and live ammunition.
6. An immediate inquiry must be launched into security forces excesses and those found responsible sent to trial.
7. All those arrested for exercising their constitutional right to freedom of opinion and expression during peaceful demonstrations must be immediately released.
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1- For more information please refer to EOHR's report Al Beheira governorate…Death and random arrest in Sarando (available on the EOHR website www.eohr.org).
2- For further information please see EOHR's report Arish…random arrests, detention and torture…stop the tragedy (available on EOHR's website).
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