UN Sub-Commission on the Promotion and Protection of Human Rights, 52nd session, 31 July-18 August 2000

31 July 2000

Madam Chair,

Minority Rights Group (MRG) welcomes the release on bail of Professor Saad Eddin Ibrahim, distinguished scholar and minority rights defender, and at least one of his colleagues from detention on 10 August 2000. Some of his colleagues at the Ibn Kaldhoun Centre are believed to be still in detention.

On 1 July 2000 Professor Saad Eddin Ibrahim, founder and Director of the Ibn Khaldoun Research Centre, member of MRG’s International Council, and promoter of the UN Declaration on the Rights of …Minorities, and several of his colleagues were arrested and detained by the Egyptian State Security Police. The Ibn Khaldoun Centre was forcibly closed.

These measures were reportedly taken under emergency provisions that have been in place in Egypt since 1981. Saad Eddin Ibrahim’s detention, originally due to last 15 days, was extended on two occasions.

No formal charges have been pressed to this date. The failure to define any of the charges has hampered attempts by the defendants’ counsels to challenge the lawfulness of the detention order. The lack of formal charges has been accompanied by speculation in media, including those sympathetic to the government. Allegations damaging for the good name and reputation of Saad Eddin Ibrahim and the Ibn Khaldoun Centre were widely circulated in the press.

Several human rights organizations, including Amnesty International, Article 19, Human Rights Watch, academics, observers in the international media, government representatives from other countries and others worldwide have expressed their grave concern at the arbitrary detentions and closure of the Centre.

The arrests and detention may be linked to activities by the Ibn Khaldoun Centre around the parliamentary elections, due to be held in November 2000. The Ibn Khaldoun Centre was planning to set up an independent committee to monitor the Egyptian elections and has recently produced a pro-democracy documentary film. It has also received funding from the European Union (EU) to carry out a voter-registration campaign.

MRG is deeply concerned about the consequences of these events for the democratic debate in the run up to the parliamentary elections and generally for the protection of human rights and the future of civil society in Egypt.

As a State Party to the International Covenant on Civil and Political Rights (ICCPR) since 1982, Egypt has an international obligation to respect the rights of detained persons. Article 9 of the ICCPR notes that ‘No one shall be subjected to arbitrary arrest or detention’, while Article 14(3) adds that a detained person shall be ‘informed promptly and in detail…of the nature and cause of the charge against him”. Article 10 demands that ‘all persons deprived of their liberty…be treated with humanity and with respect for the inherent dignity of the human person’.

It has to be noted that, although states may derogate from certain human rights provisions during times of emergency, the Human Rights Committee (the Committee) has commented that the 19-year-long state of emergency is ‘one of the main difficulties impeding the full implementation of the Covenant’ and has expressed concern at its lengthy duration. (CCPR/C/79/Add.23, 9 August 1993).

The Committee has noted that during times of emergency, States cannot restrict either habeas corpus or the fundamental rights set out in Article 9, and that no derogation from Article 14 is permissible. Concern has been expressed about the duration and conditions of police custody and administrative detention in Egypt, and the Committee has recommended that particular attention be paid to the protection of the rights of those arrested and detained (E/CN.4/Sub.2/1997/19). Furthermore, as long ago as 1997, the Human Rights Committee has recommended that the Egyptian authorities establish a closer and more constructive dialogue with NGOs active in the field of human rights (E/CN.4/Sub.2/1997/19).

Further concerns about freedom of expression and restraints on the work of civil society and human rights defenders were raised by the enactment of Law No. 153 in May 1999, which aimed to regulate the functioning of NGOs. Such law sought to impose a wide range of restrictive conditions, including a requirement that they seek prior approval from the authorities for various activities at the international and local levels. Substantial doubts were raised as to whether such legislation is compatible with obligations under Articles 21 and 22 of the ICCPR, concerning universal rights to freedom of assembly and association, and with the Declaration on Human Rights Defenders adopted by the UN General Assembly in 1999. Law no. 153 was declared unconstitutional on technical grounds by the Egyptian Constitutional Court in June 2000

MRG recommends that the UN uses its good offices to: 1.

Request the Egyptian authorities to clarify whether any of Saad Eddin Ibrahim’s colleagues are still detained, and if so, release them unless promptly charged, and to allow the re-opening of the Ibn Khaldoun Centre. 2.

The Human Rights Committee continues to monitor the human rights situation in Egypt carefully, particularly during the forthcoming year when elections are due to be held. 3.

Experts, governments, NGOs and donor agencies monitor the situation in Egypt, including possible failure to observe international human rights law and restrictions on civil society and democratic institutions.