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 1/6/2002
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2005 Parliamentary Elections Run-Offs
Initial Report
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27/11/2005
The Egyptian Organization for Human Rights (EOHR) declares the Parliamentary Elections Run-Offs (26 -11 -2005) initial report, held in Nine Governorates. The competition took place between 242 candidates, (166 NDP's, 26 independents, 41 Muslim Brothers, 5 Tagammu candidates, and 4 Wafd candidates); the process was held in 68 constituencies for 121 seats.
According to EOHR reports, the observatory mission monitored the continuity of violence between the candidates (NDP's, Muslim Brothers and Independents) in certain poll stations in (Port Said, Alexandria, Qena, Al-Qalioubia and Al-Gharbia), the situation exceeded to security forces' besiege to the poll stations in (Al-Gharbia, Port Said, Fayoum, Al-Behira, Alexandria and Suez), the voting then was postponed . In addition, security forces in poll station (Saad Zaghloul) in Al-Qabouty, held in Al-Arab and Al-Dowahy Constituency (Port Said Governorate), distributed iron gates to baring the entrance of any weapons.
On One hand, EOHR's observatory monitored the phenomenon clear in constituencies that witnessed competitions between both sides NDP's, Opposition, and Muslim Brothers, also many poll stations were closed before the exact time, and this situation wasn't clear enough to identity who decided this decree, in which the poll stations closed were 26 poll stations distributed over the five Governorates (Alexandria, Port Said, Fayoum, Al-Behira, and Qena).
On the other hand, 76 candidates' representatives were arrested, in addition to the judges' subjection to violent acts held by some trouble makers. Moreover, the electoral rolls weren't updated, no space for EOHR observers to do the observatory and finally assaults against media field workers.
The violations carried out in most poll stations:
1) Arrests
In four Governorates (Port Said, Al-Gharbia, Qena and Fayoum), some poll stations witnessed random arrests to 76 representatives of the (NDP, Independents, and Muslim Brothers). Respectively, six NDP- four Independents - and sixty-six Muslim Brother, the majority of the arrested were in Port Said (forty-eight) from different belongings.
Port Said Governorate:
Security forces arrested 48 representatives of (NDP, Opposition and Muslim Brothers); twenty-two representatives of the Muslim Brothers' candidate (Akram El Shaer) were arrested before (Gamal Abdel Nasser School) poll station including his son (Mohamed).
Al-Gharbia Governorate:
Security forces arrested ten representatives of the NDP and Muslim Brothers' candidates, (six Muslim Brothers and four NDP's).
Qena Governorate:
Security forces arrested four representatives of an Independent candidate.
Fayoum Governorate:
Security forces arrested fourteen representatives of Muslim Brothers' candidates in many governorates. The group declared that the arrested were 549, distributed all over the republic: 115 in Alexandria, 70 in Behira (including the candidate's son), 26 in Suez Canal, 180 in Fayoum on their way to poll stations, 15 in Qena, 32 in Qaliubia, 37 in Port Said (including the candidate's son) in Al-Arab and Al-Dowahy Constituency, 59 in Al-Gharbia, and finally 15 in Qafr El-Sheikh. In succession, the Interior Minister declared that the information of Muslim Brothers about the number of the arrested is not accurate, in relation; EOHR's estimation about the number of the arrested was 76 approximately.
2) Violent acts
EOHR declared in the reports that some poll stations witnesses the trouble makers' use of cold steel and wooden sticks, and accordingly EOHR calls for stopping these barbarous acts immediately, and the law must be carried out without any discrimination.
The violent acts are:
In Bandar Tanta Constituency, (Al-Gharbia Governorate), poll station (Al-Shaheed Al-Naggar School) witnessed the use of cold steel and wooden sticks between the representatives of Muslim Brothers' candidate (Mohamed Al-Ashabawi) and the NDP candidate (Ahmed Shobair) representatives; a citizen named (Ahmed Mohamed Abd Allah) was injured badly, as a result of the spread of tear gas, and EOHR then revealed the incident's details as follows 'I was standing in a row waiting for my turn to vote, then suddenly all the row was beaten with sticks, during which the clash was still continuing before the poll station, until the head of security forces (Mohamed Abu Zeid) ordered to release tear gas to separate the crowd, I was hurt then in the chest and my chin was burned'.
In Alexandria Governorate, Al-Dekhila and Borg Al-Arab Constituency, EOHR monitored shooting fires released by NDP candidate representatives before the voters out side poll station (Ibn Roshd School), moreover they prevented all opposed candidates' representatives from getting inside the poll station, except theirs.
In Qena, Qos Constituency, security forces arrested four representatives of the independent candidate (Mohamed Fahmy Khabeer) in front of poll station (Al-Mafargia). Respectively, (Ahmed Hassan Nour, Fathy Mahmoud Ibrahim, Ghareeb Ahmed Soliman and Ahmed Shaaban Abd Allah).
In Behira, Wady El Natroon Constituency, the representatives of the independent candidate (Mohamed Kamal) broke into poll station (Abu El Khau village), to destroy the ballot boxes, the judges accordingly left the place and removed to a branch poll station.
While in Qalioubia Governorate, Qafr Shokr Constituency, on Thursday (24/11/2005) representatives of the Muslim Brothers' candidate carried a besiege around the residence of Tagammu Party candidate (Khaled Mohy El Deen, Both representatives carried cold steel weapons and they engaged resulting four citizens were injured, the citizen (Ahmed Eid) is in a critical state and lying now in Kafr Shokr Hospital.
3) The voters were deprived from voting:
In Al-Gharbia Governorate, Tanta Constituency witnessed violent acts against the voters in poll stations in different sects, in which security forces besieged the area and this was held at 8 am. The violent acts was held also in poll stations (Batn Herit and Abu Gensho) in (Absheway Constituency) Fayoum Governorate, poll stations (Om Al-Mohseneen School, Ali El Garem School, the Secondary School for Girls, Om Al-Masreen School, Zaghloul Preparatory School, New Rashid School, Sidy Omar School held in Edco and Rashid Constituency (Behira Governorate), poll stations in (Wady El Natroon 13 Constituency) Behira Constituency, (Port Said Primary School) poll station in the constituency of Suez Canal police station, poll station (Al-Badeya School) held in (Gharbal Constituency) and finally the poll stations of Al-Arab and El-Dawahy Constituency; Saad Zaghloul and Gamal Abdel Nasser Schools in Port Said Governorate.
Moreover, in Shubra Al-Kheima Constituency, a women voter named 'Habiba Hassan Ashour' -holds an electoral ID card (7949) - was beaten via sticks before poll station (Esko Primary School) because she was trying to get inside the poll station, the head of the poll station accordingly recorded the incident.
4) Poll stations lock up:
The poll stations were locked up in five Governorates (Alexandria, Port Said, Fayoum, El Behira, Qena) discarding the lock up certain time, and this is stated as a violation to the Political Rights Initiative Law 37 [1956] and the new Law 173 [2005]. EOHR observers declared that the elections held in these poll stations weren't fair enough, stating that twenty-six poll stations were locked all over the five Governorates.
The poll stations locked up:
a) Poll stations (Borg Al-Arab, Palestine School, El Nagda, the Arabic Revolution, Belal Ibn Rabah School and El Dekhila Primary School) held in El Dekhila Constituency, (Alexandria Governorate).
b) Poll stations (23, 24, and 25) held inside Port Said Secondary School for Girls, Al-Arab and El-Dowahy Constituency in [Port Said Governorate].
c) Poll stations (Al-Rady, Al-Thawra, Bany Othman, and Al-Saha) in Senoras Constituency [Fayoum Governorate].
d) Eight poll stations in Wady El Natrouun Constituency [Behira Governorate].
e) Poll stations (38, 39, 40, 41 and 42) held in Martyr Abdel Baset School in Qos Constituency [Qena Governorate].
5) Assaults on Judges:
Twenty-Six locked up poll stations in Governorates (Alexandria, Port Said, Fayoum, El Behira and Qena), witnessed transgressions on the judges during the observatory. Accordingly, EOHR calls the head of security forces to stop these violations which changes the frame work of democracy in the whole process, and declares the judges' right to monitor the out-going of the electoral process.
6) Manipulating in the electoral register:
The electoral register are not revised for a long period of time, in which the observers found out names of dead people, repeated names of voters or no names at all, in addition to adding and deleting names.
The manipulations:
Poll station 83 (Constituency 10) witnessed manipulating in the names of the voters in Qena Governorate, in which a women called 'Samia Yassin Shaker' voted in the second phase, while on the run-offs, she found out her name is different 'Samia Yassin'.
In Port Said Governorate, the electoral register were not found outside (Al-Qabouty poll stations) in Arabs and Al-Dowahy Constituency and the citizens didn't vote. In Behira Governorate, in Constituency 13 Wady El Natroon, there was manipulating on both electoral registers, the one with the judges is different from the other one outside.
7) Violations against the right to vote:
In Alexandria Governorate, (Geith Gomaa School) poll station in El Dekhila and Arabs Tower Constituency witnessed assassinations held by trouble makers against an EOHR observer (Mokhtar Abdel Hamid), he was violently prevented from getting inside, unless an officer called him for investigation and demanded his electoral card, immediately after the observer has exposed the card, the trouble makers snatched and tear the card, the officer didn't make any response and ordered him to get another to be able to get inside. In Qena Governorate, poll station 135 (Nagaa Hamady Constituency), the head of the poll station prevented an EOHR observer from doing the observatory.
While in some poll stations in Ismaelia and Fayoum Governorates, EOHR observers were deprived from watching out the counting.
8) The use of the state's property:
In Ismaelia Governorate, Al-Qantara Constituency, EOHR observatory declared that an NDP candidate gathered women in a bus of the state property (30001) attached to Qantara national unit, to gather votes in poll station (Qantara Institutions for Girls). The same scenario is repeated in Ismaelia Governorate, the NDP candidate gathered people in two buses of the state's property (578, 324) to gather votes in poll station (1), and the same candidate gathered the workers of the taxation agency in buses to vote in poll station (Sheikh Zayed Preparatory School) of Constituency (1), [first, second, and third section].
9) Votes in public:
EOHR observers monitored scenes of voting in public before judges in poll station 42 (Constituency 7) held in Esna police station, poll stations (10, Al-Abayda Village), and Agricultural Association poll station in (Constituency 9) held in the central police station, and finally poll station 133 (Qos Constituency) held in Qoazem collective unit.
10) Assassinations against media field workers:
In Gharbia Governorate, an officer transgressed on the BBC journalist (Mohamed Taha) in front of poll station (Martyr El-Naggar School) situated in (Bandar Tanta Constituency). The same poll station witnessed another transgression on Marwa Gad Allah (journalist in Dubai Channel), in which the security forces deprived her from doing the observatory, she declared 'I was on my way to get inside poll station (Martyr El Naggar), then I found out the security forces stopping me, and in a minute an officer asked about my permission, I told him that my job doesn't need a permission because I take photos only, the officer discarded my talk and sent me out, In succession a man was watching the dialogue and he was beaten when he tried to take action'.
Recommendations
Finally, EOHR stresses that Second Phase run-off has witnessed positive aspects that foster judicial rulings such as PEHC compliance with Administrative Judiciary rulings to stop run-off elections in three constituencies: Al-Mansheya, Alexandria; Al-Qanatir Al-Khareyah, Qaliubya; and Adssa, Fayoum. PEHC has also taken into consideration recommendations of Judges' Club regarding announcement of canvass of vote result separately. Meanwhile, EOHR does recommend,
First: Regarding Security Forces Stance:
Security Forces should abandon their neutrality; protect voters and superintending judges against violence and bullying acts. That SF should arrest violators. However, even though SF sometimes abandoned their negativity, it took on another form: voters were denied access to voting posts; some posts were closed altogether. Therefore, EOHR recommend that SF abide by their specified role securing voting posts and ballot boxes and protecting candidates against any violence or bullying acts that may influence voting process. Voting should also be facilitated without any bias or any restriction on voters' movement. Similarly, EOHR does urge all participants political forces abandon violence and bullying acts that may influence results, nay even voters' will.
Second: Regarding PEHC:
That PEHC should investigate all incidents of attack on superintending judges, closing voting posts off before due time-which flagrantly violates guiding rules laid down by PEHC and Exercise of Political Rights Law 73 (1956) and its modified form 173 of 2005.
Third: Regarding the Role of Superintending Judges:
That superintending judges should be invested with more powers so these cover areas surrounding voting posts> Superintending judges should also be able stop voting process in case some voters were denied access to voting posts.
Fourth: Regarding Electoral Register:
That all existing electoral register should be got rid of. Existing register is basically non-updated, full of repeated and dead people's names. That the ID National Project should be completed-which should have been completed in 2003. Those only National ID voters can vote.
Fifth: Regarding Civil Society Observers and Journalists:
That an immediate investigation should be carried out regarding attack on Civil Society observers and journalists as well as their being denied attending canvass of vote. The observers should be empowered so they can observe all election procedures starting from casting of vote, through accompanying boxes, to canvass of vote in accordance to an Administrative Judiciary Court rules and PEHC ruling.
Sixth: Regarding Public Fund:
That separation should take place between state institutions and the ruling party in order to prevent public fund abuse. Public fund includes governmental buildings, public transportation, and state-owned facilities. The legal measures should be taken against misuse of governmental posts.
Seventh: Regarding Financial Spending:
That PEHC should observe promotional spending of candidates detailing on spent sums. That the 70,000 Egyptian pounds spending ceiling transgression cases should be recorded, and that membership of transgressors, if turned out winners, is invalid.
Eight: Regarding Religious Slogans:
The political forces should not employ religious slogans during elections. That there should be a separation of state and religion in compliance with international covenants, the Egyptian Constitution that bans discrimination between citizens on the basis of their religion, race, gender, or colour.
Last but not least, EOHR emphasises that the results of the First and Second Phases do show that there is a silent majority which could not participate. Therefore, the results do not reflect voters' will as properly which requires political forces join efforts to prepare a national, comprehensive reform project. The project would suggest the modification of the Egyptian Constitution, the introduction of some other modifications into laws regulating political and partisan life in Egypt so citizens can effectively participate in all fields.
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