News briefing
By: Committee for Justice
Geneva: August 13, 2023
United Nations human rights experts have responded to the judgments handed down by Egyptian authorities against three individuals who have been advocating for human rights. The individuals are Hoda Abdel Moneim, a human rights lawyer and former member of the Egyptian Human Rights Council; Aisha al-Shater, a human rights advocate; and human rights lawyer Mohamed Abu-Horaira, in what is known as the “the Egyptian Coordination for Rights and Freedoms” case.
In a memorandum sent to the Egyptian authorities on May 24, 2023, the experts stressed that the three individuals have been subjected to widespread violations since their arrest. These violations include enforced disappearance, physical abuse amounting to torture, solitary confinement, denial of visits, deliberate health care denial, and a trial that lacked internationally recognized fair trial standards.
The experts noted that the Supreme State Security Prosecution charged the three with leadership, membership, or support of a terrorist organization, receiving foreign funds. On March 5, 2023, the Supreme State Security Court issued verdicts in Case No. 1552/2018. Hoda Abdel Moneim was sentenced to five years in prison and acquitted of the charge of receiving foreign funds to support the goals of a terrorist group. Aisha al-Shater was sentenced to ten years, and Abu-Horaira to fifteen years in prison.
The experts highlighted that the verdict also includes placing the three defendants on the terrorist list for five years following their prison terms. This places them under travel bans, asset freezes, and police surveillance as a precautionary measure for five years after their release. They are also listed, along with their organization (the Egyptian Coordination for Rights and Freedoms), on terrorist lists. Their organization will be closed and removed from social media, and items seized from their offices will be confiscated.
Drawing attention to the due process violations, the experts noted that the three defendants were interrogated in the absence of their legal representatives, while the lawyers were barred from communicating with them during courtroom proceedings. The defendants were only visible through a glass barrier, and their family members were prohibited from attending the hearings.
The experts pointed out that the prosecution and the court failed to investigate the defendants’ claims of forced disappearances and torture. Instead, the court relied on records from the National Security agency without questioning witnesses. Moreover, the defendants were denied the opportunity to speak during any of the court sessions. It’s also important to note that the verdicts issued by the Supreme State Security Court are not subject to appeals; only the President holds the authority to confirm, overturn, mitigate, or order a retrial.
Expressing profound concern, the experts highlighted that the charges against the three defendants reflect an alarming trend of systematically utilizing criminal law and counterterrorism measures in Egypt to suppress legitimate activities of human rights defenders. They reiterated their worries about the continued misuse of counterterrorism and national security legislation to criminalize lawful actions by human rights defenders, including lawyers, journalists, and members of civil society, thereby casting a chilling effect on such activities.
The experts also raised concerns about the fair trial standards violated by the exceptional court that tried the three, and their listing as terrorists undermining their human rights.
In response to the memorandum, the Egyptian authorities requested an extension to respond without furnishing legal justifications for the arrest of the three human rights defenders or clarifying the rationale behind their exceptional trial or their subsequent classification as terrorists.