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1/6/2002
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2005 Parliamentary Elections Initial Report
Third Phase Round One
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1/12/2005
The Egyptian Organization for Human Rights (EOHR) sent its observers to monitor the parliamentary elections third phase round one, the elections was held in nine of the state's Governorates (Daqahlia, Kafr El Sheikh, Al-Sharqia, Damiatta, Suhag, Aswan, Red Sea and North and South Sinai), 1770 competitors; 136 National Democratic Party (NDP) candidates, 49 Muslim Brotherhood candidates, 56 Opposition candidates and finally 1529 Independents. The poll stations were held in 68 Constituencies for 136 seats, in which the poll stations attached were 3767 and 10600 branch stations, also the voters were approximately ten million and 606 thousands.
The third phase witnessed violations which had a negative effect on the phase's result; security forces closed many poll stations in four Governorates (Al-Sharqia, Al-Daqahlia, Damiatta, Kafr El Sheikh), also they prevented the supporters of the competitive candidates from getting inside the stations, except the NDP supporters in poll station Al-Bahrian School (Abu Hamaad Constituency) in Al-Sharqia Governorate, Rafal poll station (second Constituency) in North Sinai Governorate. EOHR's observatory group declared that the 100 poll stations in the different four Governorates were closed, and by the way the poll stations that were closed in the second phase run-offs elections were approximately 26 poll stations in five Governorates (Alexandria, Port Said, Fayoum, Al-Behira and Qena).
In light of the violations which curbed citizens' right to participate in the political life which is guaranteed by the Constitution and international human rights instruments, six judges walk out in some poll stations in Al-Daqahlia Governorate, and they left to the public station in Al-Mansoura with ballot boxes.
EOHR declares that third phase witnessed the same violations happened in the previous ones, despite EOHR's efforts to stop security forces' violations against the voters which affect negatively on the fairness of the elections, though EOHR again calls security forces to facilitate the voting process for citizens (ballot boxes and phosphoric ink), neutrality must be held in the third phase run-offs, and also they have to admit the citizens' constitutional right which is guaranteed by the Constitution and international human rights instruments.
Moreover, the second negative aspect was security forces' physical abuse to voters; firing tear gas bombs, beating with sticks and shooting the voters with gun fires to separate the public, this happened clearly in (Al-Borlos and Al-Hamuul Constituency) in Kafr El Sheikh Governorate, the incident left behind the death of 'Gomaa Saad El Zeftawy' one of the supporters of 'Hamdeen Sabahy' the candidate of Al-Karama and the National Front Movement, and many other supporters were injured badly. Accordingly, EOHR registered two death cases in the recent parliamentary election, 'El Zephtawy' in the third phase and 'Mohamed Khalil Ibrahim' in the second phase; he was the private driver of 'Hassan Hussien' the independent candidate in (Al-Gomrok Constituency), Alexandria Governorate, while he was standing in front of poll station (store house of the Egyptian Corporation for Navigation), trouble makers intruded upon him and beat him with a cold steel in different places in his body, as a result he was transferred to Rass El Teen Hospital in a critical state, then he was dead.
On this domain, EOHR re-insist on the role of security apparatus important role in handling the electoral process with high neutrality and without any abusive acts; including protecting the voters and take serious actions determining depriving the doers from practicing their work, to stop any violent acts in the next run-offs elections.
Security forces' violations exceeded its limits to the judges whom are responsible for the on-going process in the stations, in which the deputy head of the Court of Cassation and a member in the Elections Observatory Commission in Judges' Club 'Hesham Bastawisy' declared to EOHR 'A police officer called (Mohamed Safwat), First Lieutenant, transgressed physically on the judge (Emad Shafiq Aowan) in Abu Hammad village (Al-Sharqia Governorate)'.
In Qelin Centre (Kafr El Sheikh Governorate), EOHR observer (Ahmed Zaki) stated a transgression incident against (Ahmed Abdel Khaleq) the head of a counting station, he declared 'The lawyer 'Ahmed Abdel Khaleq' was on his way to the counting station (carrying the ballot boxes) in Qelin police station (Kafr El Sheikh Governorate), until some police officers blocked his way and prevented him from getting inside, during which a central security officer 'Ibrahim El Kordy' a Colonel witnessed the situation told him in a rude way to enter the station, the lawyer get nerved until the Colonel beat the lawyer with the back of his pistol, and the lawyer's left hand was broken, in which he was transferred to the Medical Centre Hospital in Alexandria'.
On this domain, EOHR calls for immediate investigation in the violent acts against Egyptian Judges and declare the investigation results to the public, because it is very abusive to treat Egypt Judges in this rude way as they are considered the dignity of the state.
In Addition, media field workers had their share in security forces' violations, in which in poll stations (Al-Sanae School) and (Hoda Shaarawy School) in the first Constituency, Kafr El Sheikh Governorate, security forces detained Al-Jazeera Channel crew for half an hour. Accordingly, Al-Jazeera correspondent declared 'Kafr El Sheikh's security forces damaged the tape covering the election process, and they threatened the crew of damaging their camera if they insisted on taking photos of the two poll stations witnessed depriving citizens from voting'. While in Dahala village poll station (Damiatta Governorate), EOHR observer monitored a transgression incident on 'Rasha Azab' a journalist in (Arab Stance news paper) by the Major (Ahmed El Ghobary), also they took the camera of 'Dina El Assy', the researcher in the American University (AUC).
The third phase elections witnessed the same violations in the first and second ones, concerning the transgressions against the journalists and media field worker, and EOHR denounced these acts which affect negatively on the electoral process, and they demanded a free space for media field workers to practice their right to monitor the elections, and the Interior Ministry must punish the transgressors.
EOHR monitored also non -updated electoral rolls and depriving EOHR observers from getting inside the stations and attending the counting.
The parliamentary elections third phase violations:
1) Transgressions against voters:
In Kafr El Sheikh Governorate, poll station (Rezq Hamamu School) - Al-Borlos and Al-Hammul Constituency) witnessed a huge number of security forces, where Hamdeen Sabahy and the NDP candidate (Ali Ragab) were competing for (syndic professions) seat, the forces prevented the voters from getting inside the station and started firing gun fires, rubber bullet and tear gas bombs at 1 pm. As a result, the supporter of El Sabahy 'Gomaa Saad El Zeftawy', (35 years) died, and many supporters were injured; (Mohamed Hamdeen Sabahy, Adel Mohamed Abu El Atty, Fouad Abdel Mawla Ahmed, Abu El Sawoud Abdel Khaleq Mohamed, Salah El Tawansy, El Said Desouqy Abu Arafa, Hany Fawzy Amer, Ahmed Moawad Abu Hamady, Abdel Nasser Abdel Sattar Ibrahim, Salem Salem Ismael, Mostafa el Sahrawy, Mohamed Sharaf, Hamdy Nawar, Osama El Saeed Eid and Ahmed Fathy Abdel Gawaad). They were transferred to Balteem Public Hospital; one of the injured (Adel Mohamed Abu El Atty) is in a critical state, while the other critical states were transferred to Al-Mansoura Hospital.
An EOHR observer met one of the injured 'Ahmed Fathy Abdel Gawad', (23 years) a student in the Faculty of Education. He stated 'At 8 am we were standing in front of poll station (Resq Hamamu School), we stayed until 12 pm, and Ali Ragab's (the candidate) family were entering the station, the military forces closed the station via making a circle around the station's door, the officer ordered the public to stand in rows, then told us to stand in one row, and there were some people demonstrating near us, immediately the forces fired tear gas bombs and rubber bullet, immediately El Zeftawy was shot in his face, and twenty others were dropped on the ground, then I found out blood on my face and I fainted because I was shot in my right eye, and then I was transferred to Al-Ramad Hospital in Mansoura'.
In Al-Daqahlia Governorate, poll station (Sefna Secondary School) -Atmida Constituency, was closed by the forces from 8 am to 10 am, and then the voters entered under siege, at 11:30 am the station was closed again, the Independent candidate (Ibrahim Sharaf El Deen) (workers seat) made efforts to enter the voters, but security forces refused and beat him, the situation developed to the extent that the voters and security forces held a fight, then the forces fired tear gas bombs and gun fires, and beat the voters with wooden stick, and some voters were injured, and an EOHR observer listened to the testimonials:
Supporter Mohamed Mohamed Megahed declared 'After I walk out of the station, I found the forces beating the candidate 'Ibrahim Sharaf El Deen', they also fired tear gas bombs and rubber bullet, I was shot on my head and then I fainted'.
Supporter Mohamed Samir El Said declared 'After I walked out of the station, I found the forces beating the candidate 'Ibrahim Sharaf El Deen', they fired tear gas bombs and rubber bullets on us, I don't know the reason for all that, people took me to Al-Zanaty pharmacy, then I was transferred to Sanfa Medical Clinic to Meet Ghamr Public Hospital'.
In Daqahlia Governorate, poll stations (54, 55, 56, 57, 58 and 59) -Abu Bakr El Sediq School - (Atmida Constituency), security forces besieged the place, and prevented the voters from getting inside, and they arrested citizens who tried to get inside, (Yousif Abdel Latif Sherif, Abdel latif Mohamed El Diasty and Ayman Ahmed El Said).
In Al-Sharqia Governorate, twelve trucks belong to security forces besieged the poll station (Salah Salem School) -Saft Zeriq village in (Diarb Negm Constituency), and they prevented the voters from getting inside, accordingly, the voters held a peaceful assembly calling for their right to vote, the forces refused until both sides started fighting; the voters throw stones while the forces shot guns in the air to separate the crowd, but the voters persisted and stayed still before the station, then the forces started beating them with sticks, the clash end with the injury of some voters (Abdel Hamid Kamal Shalash, Mahmoud Thabet, Lotfy Kamal Shalash, Tarek Osman, Amira Fawzy Amin, Amir Bakry Ahmed Morsy and Sabah Abdel Hamid El Tohamy). An EOHR observer listened to the injured testimonials as follows:
Amira Fawzi Amin, Technical Institute Student
"I went to school to vote. Security Forces (SF) were everywhere, and they kept telling me: 'Come on here! No! No! Go there!' Oh my gush, they harassed us and were throwing stones at us…I found the soldier rushing to me; he hit me with his armour. I got it at my eyes and I fainted…I was also hit in the back."
Amir Bakri Ahmed Moussa, Fifth Grader
"I was going to watch in front of the school. My uncle was there. Then, I was looking up-only to be hit by something coming from where the soldiers stand. Afterwards, someone took me to the local clinic in Saft where I got five stitches. They asked me who hit you like that. I said something fell down on me while I was standing in front of the balloting station."
Sabah Abdel Hamid al-Touhami, Commercial Studies Diploma
"I was going to vote when they told us to stand in a line so we can get in. Then, SF attacked us, threw stones at us, circled us, and they even hit me in the stomach, back, and arm…everywhere...notwithstanding I am pregnant. An ambulance carried me away to Dirb Nigm Hospital. I was bleeding and all alone. That happened at 3:30 p.m. and they never let any women in."
2. Closing Balloting Stations
According to an EOHR watchdog, SF cordoned some stations off since morning that voters left without casting their votes. One hundred-and-twenty balloting stations, divided over 31 electoral colleges, were closed. The electoral colleges include four governorates: al-Sharqya, al-Daqahliya, Damietta, and Kafr al-Sheik. With 40 balloting stations in al-Sharqya, 30 in al-Daqahliya, 25 in Damietta, and 25 in Kafr al-Sheik. Examples of closed electoral colleges are:
First: al-Sharqya Governorate:
Stations at Haria Razna Village Preparatory School and al-Nasriya School, Zagazig;
Stations at Al-Nasriya School and Salah Salim School, Saft Ruzeik;
Stations at Al-Adwa Village, Hahia;
Stations at Abou Heriez Village;
Stations at Al-Saadat Village;
Stations at Al-Safour Village;
Stations at Al-Gimeizah Village; and
Stations at Baheiniya Village.
Second: al-Daqahliya Governorate:
Stations at Abdul Meneim Sanad School;
Stations at Secondary Girls School;
Stations at Sanfa Preparatory School;
Stations at Al-Miqdam Preparatory School;
Stations at Technical School at al-Matrya;
Stations Number 54: 59 at Abou Bakr al-Sidiq School;
Stations at Sidi Yassin School;
Stations at One station at al-Mansourah Downtown;
Stations at Minat Sandoub Village;
Stations at Surqid al-Maasara Village; and
Stations at Abou Dishisha Village.
Third: Damietta Governorate:
Stations at al-Goumrouk School;
Stations at al-Maahad al-Deini;
Stations at al-Louzi School;
Stations at Abdul Moneim Ryad School;
Stations at al-Tugarieyah School;
Stations at al-Ham al-Goubashi Estate;
Stations at Damietta Port School;
Stations at al-Saiyalah; and
Stations at al-Khayatah Village.
Fourth: Kafr al-Sheik Governorate:
Stations at al-Dousouqi School;
Stations at al-Zeeraa School;
Stations at Gamal Abdul Nasir School;
Stations at al-Sayedah Zeinab School;
Stations at Kafr al-Agamy; and
Stations at kafr al-Asali.
EOHR observers have also recorded SF denying voters' access to al-Gareen School, Abou Hamad Constituency, al-Sharqya and to al-Rafl, Second Constituency, Northern Sinai. Only NDP ID cards holders were let in.
On the other hand, SF arrested candidates' supporters. For example, Balloting Stations 170 and 171 at Damietta Port School, First Constituency, Damietta saw intensive SF presence where a Mohamed Mohamed Abou Samrah, Sabir Abdel Sadiq's, MB candidate (Guild), agent was arrested. Similarly, Station 57 at Abou Bakr al-Sidiq School, Meet Gamr Constituency, al-Daqahliya witnessed an intensive SF presence where eleven MB candidate Shafiq al-Deeb's agents were arrested. They are: Youssef Abdel Latif, Abdel Latif Mohamed, Ayman Ahmed al-Sayed, Magdy Fathi Abou Hussein, Nasir Anas al-Garieb, Ali Abdel Maqsoud, Assem Abdel Maqsoud, Mohamed Khalid al-Deeb, Mohamed al-Nabawi, Fathi al-Baghdadi, and Salah Adl.
3. Violence and Bullying Acts Continue
According to an EOHR watchdogs, examples of violence and bulling are abundant. For instance, at Al-Maghazi School, Belqas Constituency, al-Daqahliya tensions exploded into violence between Youssri Al-Maghazi's, an NDP candidate, supporters and those supporting Adel Younis Rashid, an MB candidate-Security Forces (SF) only watching. At Al-Shawami Village, Belqas Constituency, MB supporters held NDP supporters from casting votes. At Al-Sheik Shatta Elementary School, Damietta Salem Ibrahim, Damietta's Chief Investigator, accompanied by four vehicles carrying thugs, and attacked voters. Moreover, clashes took place between SF and voters at Salah Salem School, Saft Al-Reziq, First Constituency, al-Sharqya. Some voters were injured as a consequence. They are: Abdel Hamid Kamal Shalash, Lotfy Kamal Shalash, Mahmoud Thabet, and Khalid Osman. Also at Basta Village, Talkha Constituency, al- Daqahliya, SF released tear gas bombs at voters. And at Shagaret al-Dour, al-Thanwya Al-Haditha, al-Shaheed Khalid Schools, Talkha Constituency, al-Daqahliya clashes took place between NDP and MB supporters who were waving heavy sticks and empty bottles.
4. Erroneous Electoral Registers
According to EOHR observers, errors abounded in electoral registers. For example, at Khalaf Preparatory School, Third Constituency, Faraskour,
(a) Tahani Ahmed Osman, electoral register number 10, was found Tahadi, instead of Tahani, Ahmed Osman;
(b) Omyma Abdou Abdel Fattah, electoral register 112, turned out Amina Abdel Fattah;
(c) Zahira Mohamed Al-Raghi, 2, was Zahira Mohamed Al-Raghi; and
(d) Iman Zakaria Salam, 229, was Iman Zakaria Abdel Salam, instead.
Similarly,
(a) At Abou Talib Elementary School, First Constituency, Kafr al-Sheik a Souna Mohamed Hassan was Samah Mohamed Hassan, instead; and
(b) At Aswan Downtown Sub-Committee, Aswan Zeinab Mohamed Hassan Mohamed, 153, did not find her name altogether.
Not only that. Cases of recurring names also existed. For example,
(a) At First Constituency, Mina al-Qamh, al-Sharqya Samira Hussein Mohamed spotted her name twice: first under Electoral Register 553 and Serial Number 832 and then under 657 and 934 respectively;
(b) Another Samir Mohamed Moussa was under 3317, 165 and 3771, 184 respectively; and
(c) A Samira Garieb Mohamed was enlisted under 1756, 29 and 3136, 103 respectively.
5. Delayed Opening of Balloting Stations
Balloting Stations 58 and 59 at Disouq School, Disouq Constituency, Kafr al-Sheik; 81 at Farag Saud School; and181 at Bourd Saad and al-Zawahrya Schools, al-Husseinya Constituency, al-Sharqya were opened for voters only midday.
6. EOHR Observers Denied Balloting Stations Access
Some Balloting Stations Heads held EOHR watchdogs off from stations. This took place at al-Ashraf and al-Nagah Co-Ed Schools, Disouq, Kafr al-Sheik; and at Abou Talib Elementary School, First Constituency, Kafr al-Sheik, Harya Razna Preparatory School, First Constituency, al-Sharqya. SF also stopped EOHR watchdogs short of monitoring canvass of vote in Damietta and Kafr al-Sheik.
7. Bribes
According to an EOHR observer, Mohamed Moussa Omar, a MB candidate, distributed envelopes containing 10 Egyptian pound notes. "Elect Your Muslim Brother" was written on the envelopes. At Abou Oqr Balloting Station, First Constituency, Northern Sinai an NDP candidate distributed money over voters. To get hold of money, voters collided into one another.
8. Uninvited Proxy Vote
Balloting Station 2, Abdel Hamid Radwan School, Dar al-Salam Constituency, Souhag Ahmed Hassan Abdullah, Station Head, voted by himself instead of voters in favour of Abdel Reheem Abdel Hamid Radwan, an NDP candidate (Guild).
Recommendations
Eventually, EOHR does express deepest concerns regarding SF flagrant interventions during elections: one time against superintending judges denying them their assigned role, another against media representatives denying them full coverage, again against EOHR watchdogs denying them monitoring canvass of vote, and even against voters denying them casting their vote's par force. Owing to stop violence, one voter lost his life. Such SF flagrant violations are constantly at odds with PEHC directives, and Exercise of Political Rights Law 73 (1956) modified by Law 173 (2005). Therefore, EOHR, fearing SF escalating intervention during Third Phase Run-Offs, does call upon the President of Arab Republic of Egypt that he should immediately intervene so violations stop, that SF violators should be immediately questioned, especially those involved in attacks on voters, judges, media representatives, and Civil Society watchdogs. Meanwhile, EOHR re-stresses that the President should stay true to his presidential elections pledges and that he should take more serious steps towards political and constitutional reform. In this respect, EOHR recommends,
(1) That SF should abandon violence against voters, which only mars the whole election process. That SF should abide by their assigned role: protecting balloting stations, boxes, and candidates against any abuses that may influence elections. That SF should ensure voters and superintending judges are safe;
(2) That the Interior Ministry and Public Prosecutor should immediately investigate the death of Gomaa Saad al-Zeftawi who was killed on Thursday December 1st 2005 in Baltim, Kafr al-Sheik Mohamed Khalil Ibrahim who was killed on Sunday November 11th 2005 at al-Goumrouk-al-Manshya Constituency, Alexandria so perpetrators are detected and brought to justice as soon as possible. According to Article 44 of Exercise of Political Rights Law, "Whoever uses intimidation or terror as a means to influence elections or polls, but does not realise her/his end, shall be imprisoned for at lest two years and for at lest two years and no more than five years, in case s/he realises her/his end." Moreover, according to Article 28, same law, "Whoever uses force or threat as a means to prevent whomsoever from expressing her/his opinion in an election or a poll or to force her/him express her/his opinion in some particular way shall be imprisoned for no less than six months and fined no less than one thousand Egyptian pounds and no more than five thousand Egyptian pounds." And that the Interior Minister should issue crystal clear directives to SF that they voters may not be harassed during elections;
(3) That SF should not close balloting stations before voters-which goes against the Egyptian Constitution and international human rights covenants. That SF should permit all voters, without whatsoever exception, practicing their constitutional rights to elect their representatives at the People's Assembly;
(4) That the Interior Ministry and PEHC should immediately investigate Officer Mohamed Safwat who attacked Judge Emad Shafiq Oun, that investigation results should be made public, and that the officer should be punished for his deeds in accordance with Article 41 of Exercise of Political Rights Law that states that, "Whoever uses force or violence against a Balloting or Poll Station Head or member in order to prevent him/her doing her/his assigned task or in order to force her/him to perform in some particular way, but does not realise her/his end, shall be imprisoned for no more than five years." And that harassments inflicted upon superintending judges during First and Second Phases should be immediately investigated so judges, who are themselves an essential guarantee of probity in elections, work in a safe atmosphere. Time and again, EOHR does underlie a full judicial superintendence during elections starting from preparing electoral registers and ending with results announcement and that superintending judges should be selected from court judges only;
(5) That attacks on media representatives and EOHR watchdogs should be immediately investigated. Those perpetrators should be brought to justice as soon as possible. That observer should be able to monitor the election process starting from balloting to accompanying boxes. That watchdogs should attend canvass of vote, in accordance with an Administrative Judiciary Court ruling and PEHC directives; and
(6) That all existing electoral registers that are full of repeated and dead people's names should be abandoned altogether. That the National ID Project should be completed. Those only National ID holders, including complete information on date of birth, residence place, home and work address, can vote.
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