Egypt: Spate of Free Speech Prosecutions

Vehicles pass near banners displaying Egyptian President Abdel Fattah al-Sisi for the presidential elections, in Cairo, Egypt, on December 10, 2023. © 2023 AP Photo/Amr Nabil

(Beirut) – The Egyptian authorities have in recent weeks arbitrarily detained and referred for prosecution at least four critics of the government on charges stemming solely from their legitimate exercise of freedom of expression, as part of their work, in a fresh assault on freedom of expression, eight organizations, including Human Rights Watch, said today. Those prosecuted include two detained journalists and a researcher living in exile.

The authorities have employed incommunicado detention, abusive pretrial detention, and unsubstantiated terrorism-related charges against the critics. The family of one detainee alleged that he was tortured. Harsh repression has stymied freedom of expression and independent media in recent years, despite the government’s claims that it is pursuing reforms.

“Egypt cannot turn a new page without respecting freedom of expression, which is part and parcel of promoting other political and economic rights,” said Bassam Khawaja, deputy Middle East and North Africa director at Human Rights Watch. “Egypt should urgently cease targeting critics and immediately release those unjustly detained.”

Authorities detained Ashraf Omar, a political satire artist, on July 22, 2024. Al-Manassa, an independent news site where Omar publishes cartoons, and his family said that security forces belonging to the Interior Ministry’s National Security Agency (NSA) arrested him during a late-night home raid. Omar’s wife, Nada Moogheeth, said in public statements that CCTV video showed a group of people in civilian clothes and others in police uniforms arriving in two minibuses, raiding the house, and leaving with Omar blindfolded 40 minutes later. They then took him to an undisclosed location where he was held for more than 48 hours. Omar’s wife later declared that NSA officers had tortured him, including by threatening to subject him to electric shocks.

On July 24, security officials brought Omar to the Supreme State Security Prosecutors Office in Cairo, a branch of Egypt’s public prosecution known for its abuses and responsible for keeping thousands of peaceful activists and journalists in pretrial detention for months or years without evidence of wrongdoing. Omar’s lawyer and prominent human rights defender Khaled Ali said that prosecutors ordered Omar detained on charges of “joining a terrorist group,” “misusing social media,” and “spreading false news,” charges that the prosecution frequently uses to lock up actual or perceived critics.

On July 16, security forces raided the home of journalist Khaled Mamdouh in Cairo and arrested him late at night. The Association for Freedom of Thought and Expression, an independent organization, said members of the security forces searched Mamdouh’s apartment and seized his electronic devices without revealing their identity or presenting a judicial warrant.

Mamdouh’s lawyer, Fatma Serag, said authorities kept Mamdouh in secret detention for five days and then presented him to the prosecutors on July 20, recording the official date of his arrest on that same day. She said in an August 8 news conference that the home raid was “terrifying” and that security forces surrounded Mamdouh’s apartment for six hours and briefly detained his son.

The prosecution has kept Mamdouh in pretrial detention since July 20. His lawyer said prosecutors have not presented any evidence of criminal wrongdoing but charged Mamdouh with belonging to an unnamed “terrorist group” and “spreading false news.”

Serag said Mamdouh is being held in Abu Za’abal prison, where prosecutorial hearings for pretrial detention renewal are conducted through a video conference system. Human Rights Watch documented that this abusive method of renewing pretrial detention – without bringing the detainee before a judge – severely undermines due process. It prevents a judge from assessing the legality and conditions of detention as well as the detainees’ wellbeing, and violates several fair trial guarantees, including the right to legal counsel.

Human Rights Watch spoke to a third journalist, who previously worked with Mamdouh for the Arabic Post, who said he fled the country in the last week of July for fear of arrest after Omar and Mamdouh were detained. He said security forces were looking for him and raided his home after he fled. The journalist had already been arbitrarily detained in 2018 for over two years in a case stemming from his legitimate work as a journalist.

In early July, the prosecution referred Abdelrahman Mahmoud Abdou, a researcher and journalist also known as Abdelrahman Ayyash, to trial. The indictment states that Ayyash was charged, alongside four others, with “leadership of a terrorist group,” while 41 others were charged with joining or financing the unnamed group.

Ayyash, who is living in exile, said human rights lawyers obtained the case file and notified him, but that he has not received formal notice of the charges. The indictment describes Ayyash as a “supervisor” at the Arabic Post even though he said he quit his job there in 2018. Ayyash was employed as a senior research assistant at Human Rights Watch between August 2018 and September 2021. After leaving Human Rights Watch, Ayyash joined the Washington, D.C.-based Freedom Initiative, and he currently serves as an independent consultant for the Middle East Democracy Center. Ayyash has also contributed to publications at several organizations, including the Carnegie Endowment for International Peace, Century International, and the Arab Reform Initiative.

Security forces previously raided Ayyash’s family home in July 2022 and detained his father, after questioning him about Ayyash’s human rights and political activism. His father was referred to trial on unsubstantiated charges of possessing printed materials and information undermining the constitution, and was detained for several months. A court acquitted him in November 2022.

On July 16, the Interior Ministry stated it had detained a man it claimed was responsible for displaying criticism of President al-Sisi on a billboard screen in Giza, which went viral on social media. Such criticism is protected peaceful free expression that should not be penalized, the organizations said.

Under the government of President Abdel Fattah al-Sisi, freedom of expression, including media freedom, has faced relentless attacks for years. Egypt regularly ranks among the countries with the most journalists in detention, with the International Committee to Protect Journalists finding it accounted for more than 13 percent of the world’s detained journalists as of 2023. Mainstream media are severely curtailed in Egypt, and the few remaining media websites face government restrictions and harassment. Egyptian authorities have previously abused terrorism laws to prosecute journalists, activists, and critics.

Egypt is a state party to international instruments guaranteeing the right to freedom of expression, including the International Covenant on Civil and Political Rights (article 19) and the African Charter on Human and Peoples’ Rights (article 9).

“Attacks on freedom of expression in Egypt must end,” said Said Benarbia, Middle East and North Africa director at the International Commission of Jurists. “Instead of muzzling independent, critical, and dissenting voices through arbitrary detentions and prosecutions, the Egyptian authorities must ensure that all individuals are able to participate in public debate and openly express their opinions and criticism of State institutions and officials without intimidation or reprisal.”

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