Showing posts with label human rights. Show all posts
Showing posts with label human rights. Show all posts

January 24, 2013

Talk of the Town: Heba Morayef - "Torture continues in Egypt"


Heba Morayef is the Egypt Director of the international organisation Human Rights Watch. She is working from Cairo. Looking back on almost two years since Mubarak was forced to step down, she gives insights into her work and her assessment of the current human rights situation in Egypt.

The interview provides background knowledge on the difficult work of a human rights NGO in Egypt, discusses human rights violations during the transitional period under the Supreme Council of Armed Forces (SCAF) and possible changes under the freely elected President Morsi, and offers in-depth information on the difficulties in dealing with a complex and often corrupt judiciary system even after the revolution.




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Transcript of interview:


Heba - thanks very much for your time. Let us perhaps start by looking back: During the revolution in 2011, when Mubarak was still in power, your office was raided by security police and some of your staff was arrested and only released after a few days. Now, almost two years, a military junta and a freely elected president later, how have working conditions changed for you?

Well, I think that the arrest of the 28 human rights defenders, which included staff from amnesty international and Human Rights Watch, took place as part of a raid on the Hisham Mubarak Law Centre, an Egyptian NGO that had been providing assistance for protesters over a period of two years as part of the 'Front for the Defense of the Egyptian Protesters' [FDEP]. So the choice of the Hisham Mubarak was I think very targeted. There was military police, military intelligence, who raided the offices. And so in a sense the international NGO workers were in the wrong place at the wrong time. They weren't specifically targeted. And I think that shows how during the revolution the military intelligence and obviously the SCAF saw the NGOs who were continuing to publicise police violations and had started publicising military abuses – whether arbitrary arrest or torture or even military trials in those first few days – they saw them as a threat, and I think that really is something which none of us forgot. And it's why human rights organisations continued to feel very insecure under the year-and-a-half of military rule when the SCAF was fully in power.

The turning point was really mid-August, when the civilian president elected after the presidential elections Mohammud Morsi dismissed Tantawi and Anan, the two leading Generals who controlled Egypt for that year-and-a-half, and I think that brought Egypt into a new phase. NGOs don't feel – are no longer afraid of the military and feel that they have tools at their disposal, especially when it comes to the media and activist groups.

It is a little bit different with international NGOs because after the smear campaign late last year and the NGO trial which saw four American NGOs – the staff of four American NGOs – being put on trial, that has continued to contribute to the general sense of insecurity on the part of international NGOs.

The main problem of course is the fact that there hasn't been a new NGO law yet. Parliament was discussing a new NGO law between January and June – and then it was dissolved in mid-June before the law could be finalised. So I think, until a new law is passed, human rights NGOs in Egypt, whether it is Egyptian or international, will not feel safe.

Why do you think in the wake of this NGO trial that is been ongoing is it that international organisations like amnesty international or Human Rights Watch were not targeted?

Well, there are many international organisations who operate in Egypt who are either registered – that's a very small minority, mostly development organisations – and then many other international organisations who are still awaiting registration or are under registration, so admitted their paperwork years ago. So it's not like all international NGOs were targeted. They weren't. There were specifically US NGOs who were targeted, and I think it's a reflection of the fact that this all started out as a bilateral disagreement between the Egyptian government, specifically led by the then Minister for International Cooperation Fayza Aboul Naga, and between USAID and the US government's different pots of funding. And that's why even though there were other organisations raided in late December – so the Arab Centre for the Independence of the Judiciary, an Egyptian organisation, was one of those raided – the NGOs referred to court were only the US NGOs. So clearly part of a politicised case, a politicised prosecution that was a result of a break of bilateral relations over the funding of civil society.

Numerous times Human Rights Watch published scathing reports on serious violations of human rights, illegal arrests, missing protesters, prisoners subjected to inhumane, brutal treatment, especially during the transitional period when SCAF was in power. How did these publications effect your daily working life? After publication was it business as usual or did you get threats and interventions from the official sides?

Well, 'business as usual' for the human rights community under Mubarak meant that you knew that you constantly were under surveillance, you assumed that your communication was tapped, in particular cell phones, because that was the regular practice, but also that your email communication would not be secure, that any meetings you hold publicly would also not be secure as such. And there's been very little reason to suspect that there's been any shift in that status quo or in the view, the perception of the human rights community on the part of security agencies' tasks with monitoring and surveilling the actions of the NGO community.

So, in the first days of the uprising – we spoke about the raid of the Hishram Mubarak Law Centre and the arrests of the international Human Rights Watch – I mean, obviously that was a high-point where human rights NGOs were a target of arbitrary arrest and subsequent detention of three days by the intelligent services. There hasn't been a repeat of that incident. And I highly doubt that we would see another repeat. But given in the year and a half when the military was very displeased at the publication of abuses by the military that the NGO community was putting out, there wasn't another attempt to have, you know, that kind of direct intervention.

What took place instead was that the military was sort of trying to control the media most of all at the point of publication, and then I think the initiation of the investigation from July onwards was another attempt to remind NGOs that they were still vulnerable. But for the most part most organisations did not receive direct threats to them as individuals or as organisations. I think that is to a certain extent a reflection of the new empowerment after the revolution that the NGO community felt.  

So in the last months now that a freely elected president is in the government, has the atmosphere significantly changed or do you still feel vulnerable?

Well, the sense of vulnerability comes from the fact that there isn't a new NGO law yet that would allow Egyptian and international organisations to register under them. If you look at the majority of the independent and reputable human rights organisations in Egypt, you'll find that the vast majority of them are not registered under the NGO law, they're registered as law firms or clinics or companies – or non-profit companies in many cases. So that sense of vulnerability, legal vulnerability, will continue until they are actually able to register and have the protection of the law. Protection against interference of security agencies and protection just in terms of their status for their staff.

The other factors, that even organisations that are registered, even those few organisations that are registered like the New Women Foundation for example, are now – are still unable to get their funding approved. So if you are registered under the NGO law this means you have to get approval from the government for every single incoming fund, even if it's been – even if it's part of the multi-year project from the same source of funding. And what this NGO has found over the last year and then also for other organisations like the Egyptian Organisation for Human Rights or the Egyptian Centre for Women's Rights is that the security agencies are blocking their funding. So that's another reason why organisations continue to feel vulnerable, because in many cases, you know, they had to put their staff on 50% salaries, they've lost a lot of their staff – it's having already a direct impact on their activities. So until there is an unfreezing of funds and until there is an interference from the new government, the new presidency, to actually address this issue, I don't think there will be a noticeable shift in the daily reality of the work of human rights organisations.

How does this affect you personally? I know that many times when you tried to re-enter Egypt coming from overseas you had problems with the security officers, one time even this notorious black-list of Amn al-Dawla was cited. And you once said how ridiculous it is that you face these problems again and again on entering your own country. What is behind this harassment at the airport do you think?

Well, putting activists on airport watch lists, on interrogation lists or even banning them from travel was a regular practice that the security services would use as a form of harassment against activists and against the opposition. I mean, that is obviously something that the Muslim Brotherhood in particular experienced, as so many of them had travel bans and in some cases would win cases overturning the travel ban because it was an arbitrate decision, even then could not actually get their names lifted from security lists at the airport. I think there's a whole area which is unexplored until now, which hasn't been prioritised or addressed so far.

I think in my case, I am on an old list which is called an Amn al-Dawla list, a State Security Investigations list, and there hasn't been a change in that list in terms of my case. So every time I leave the country I need to get additional security clearance to actually leave the country and I also need to get the stats safe security clearance to enter my country. And I think, you know, I think this is a reflection of a sort of fundamentally problematic approach that was fairly typical of the Mubarak era but that I hope will change in the next months. That is something the Muslim Brotherhood themselves personally experienced.

How influential do you think the government believes NGOs of your sort are? In the BBC Hardtalk interview with the Prime Minister Qandil Stephen Sackur referred to you as one of Egypt's most influential women. How influential do you feel under the circumstances?

I mean, it's a difficult question to answer. It's always very difficult to actually quantify the influence that human rights organisations, whether international or Egyptian, have. It depends on the issue, it depends on how much media support, how much media coverage there is for a particular issue. And you also have to catch the attention of the media and the policy makers at that particular time, so there are some areas of our work that get less attention.

For example the issues that I've worked on over the years has been human trafficking in the Sinai because it's an issue that has been purposefully ignored and there's been a refusal to recognise that by the government. But when we put out short reports or long press releases on human trafficking in the Sinai that doesn't usually get a huge amount of coverage. However with other issues such as with our analysis of one of the earlier drafts of the constitution, that did get a lot of coverage and attention. So, I think, you know, influence is something that really depends on the set of circumstances at that particular time.

I think we are in an era in general post-revolution where the influence of human rights organisations has increased in a sense. Despite the smear campaign against NGOs last year, there is a new willingness to engage and meet with human rights NGOs. They almost have a new status in Egypt today. And how that will evolve going forward is still unclear. There may yet be a regression once more, but for the moment I think the new Muslim Brotherhood leadership is at least listening. And I think that's what's important.

You publish internationally. How do you get the information that you publish across to the Arabic speaking people of Egypt and is the Arabic media in Egypt now picking it up more than it used to do?

Well, I think what's been really noticeable over the last year and a half is that the Arabic media is very sensitive to what gets published in the international media. So we regularly see New York Times or Washington Post articles translated, and that's often because the correspondents in Egypt managed to get quotes from the leadership that is significant, that is politically significant. And especially over the last year and a half, and especially obviously with the American newspapers when it came to the military. So that sort of become a regular practice. The media in Egypt is very outward looking, it will either translate entire articles or often report on what the main newspapers in the US and the UK are writing. And I think, obviously social media has also broken the boundaries in terms of what sort of Egyptian media versus international media, and everything then ultimately gets picked up in a sense.

So you would say there's a boldness now more than before of the Arabic Egyptian media reporting on these cases? Because of course the state media never did.

Absolutely. I think at the moment the Egyptian media is still in a phase where it sort of feels that it has nothing to fear. The red lines of the Mubarak era may be re-established along different lines. I mean, obviously there's been no media reform as such of the institutions of state media, and we still don't know whether or not there will be that kind of media reform. It was something the Muslim Brotherhood were particularly interested in but we just haven't really seen – apart from vague statements about looking into media reform – we haven't really seen any steps in that respect.

Can we talk about how you work on a daily basis for Human Rights Watch? How do you go about researching these cases of human rights violations that you then publish?

Well, the model that we use at Human Rights Watch is one where our work relies primarily on documentation, on report writing with a strong advocacy component to it, and obviously media work connected to both.

So, you know, my work on a daily basis – I obviously have to monitor human rights abuses that are generally taking place in Egypt. Again, our model that we at Human Rights Watch have: one researcher per country if your lucky, and sometimes one researcher for two countries. So you need to be aware generally of everything that is going on in the country and then you need to make choices on a weekly basis about which issues to actually zoom in on and focus on. And you make that choice based on an assessment of whether your voice is needed – I mean, if Egyptian organisations are already covering a particular issue then you might not need a Human Rights Watch input as well as that – but also in this area the consideration whether or not we can have an impact. If there's an area where we think that we in particular – that our voice would be helpful in addition to other organisations, then that is the second criterium on which we make these choices.

And then, once you've chosen to work on a particular issue, you always try and get – you need primary sources of information. We are very testimony driven in our work and so sometimes, even if you are just writing a short press release, you will need to speak to several people. I can remember for example that with the March 9th, 2011 arrest of protesters in Tahrir square I wrote a press release about torture and I think, if I remember the numbers correctly, I'd spoken to – I'd done interviews with about 16 victims of torture just to be able to then say that we knew for sure that there had been torture of more than hundred protesters on that day. So, for every fact you actually need to have the background to it. So depending on what project your working on at that particular point you may be out there gathering the testimony, meeting with the families, cross-checking the testimony then with the lawyers very often, because there's always a legal aspect to it, checking with lawyers whether or not complaints have been filed.

In an ideal world you always also want to get a response from officials about that, I mean, either to bring the issue to their attention, so that they know that you're going to publish a report or a press release, but also in order to verify information about what legal steps have been taken on the part of the authorities. Thus far that's been a little more difficult in Egypt. But here again that is something that may shift, because we're seeing in general in parts of the government a recognition that they need to be more responsive to media questions.

And then there is the writing part. And whenever you write anything for Human Rights Watch you always have to make sure that you include recommendations about what you think needs to happen to address the human rights violation. If you're doing that at the press release, it's very often, you know, what comes out in the quote and usually gets picked up by the media; if you're doing it in a report, then you'll have a whole recommendations section with recommendations addressed to either, you know, different government bodies and sometimes to third governments or to multilateral institutions.

And then you take the risen product and you meet with the authorities, whoever is in charge of the particular issue. And you try to pressure them both directly through this meeting and subsequently through the media coverage that you then seek in order to put out this report and to give it more weight.

Are you also allowed inside prisons and do you have access to prisoners who file complaints?

No. The last time Egypt allowed a human rights organisation into its prisons formally was 1992. At the time they gave Human Rights Watch permission to visit several prisons. Obviously after that we went away and we wrote several reports that were pretty critical and after that then to us the doors were shut.

There hasn't been a change in the authorities position on this so far. It is something that technically lies within the realm of the Public Prosecutor. So right now only the National Council for Human Rights has access to prisons. And it's obviously one of the main demands of the human rights community that that changes, because it's one way of ensuring oversight of the police and the best way of actually identifying police abuse very early on and talking about prison conditions.

Right now, when we do a report thing on prisons, it's often either through families, through lawyers who can actually visit, and very often people will have phones – in informal basis will have access to cellphones inside the prison. And that's fairly common across the Middle East in some countries. 

In the new constitution that has seen many revisions during the draft process, there is one article that stipulates that for the future no one is allowed to be in a prison in unhealthy, indecent, inhumane conditions and only allowed to be in a prison that is overseen by the judiciary, not allowed to be subjected to physical or psychological treatment. Could you believe this to materialise in the near future in Egypt?

Prison conditions in Egypt is a big, bis issue. Many prisons in Egypt don't meet minimum conditions. It's an issue – it's a budgetary issue, it's also a managerial issue, and I think it is something that will take many years in the future to address, the main problem being the fact that the prison system relies on private donations from families ultimately. And there's a lot of corruption also within the prison administrative system at a very local level. So if you're somebody who is from a richer background, you can ensure better conditions inside a prison, if you're less fortunate, then your treatment will suffer accordingly. And that's of course not the way it's supposed to be. But it's a long term problem, because it's an issue – it's a structural, institutional and budgetary issue, at least in terms of the conditions.

I think in terms of treatment, that's something that's more specific, and that's something that we can work on in the short term in the human rights community within prisons. And also – but a lot of this will require legal reforms, and I think we won't really see any of this being addressed until there's a new parliament. I think, the important thing is to have the principles set out in the constitution, but then the next step is to actually address legislation in terms of the prison's law and other pieces of legislation. And then of course that will require a lot of lobbying on the part of the NGO community to ensure that these issues are actually implemented.

When the 24 that were charged with being responsible for the Battle of the Camel where acquitted, you tweeted that this did not surprise you after you had spoken to the prosecutor and had seen the weak evidence compiled by the prosecution. How was Human Rights Watch involved here? Did you actually get access to these papers by the prosecution?

No. I didn't review the case files. But you could have had access to them because there were lawyers who were representing victims in that case and they would obviously have access to that. But in this case I was actually speaking to a prosecutor who had been involved in investigating that case from one of the central Cairo prosecutorial offices. And so I thought his perspective was very interesting. I mean, he basically said that the prosecutors were under a lot of pressure to refer this case to court early on, even though they didn't have sufficient evidence.

And I think that's another of the problems in general, in terms of the way accountability has gone in Egypt over the last couple of years. I mean, I'm no fan of the office of the public prosecution. I think it's an office that requires a lot of fundamental reform in terms of it's independence. I think it has very often served to maintain the impunity especially for security services and obviously also for the military over the years. However, I do also recognise that they have been under an immense amount of pressure over the last two years for quick referrals to court, even in cases where their investigations were not complete.

How is your working relation with the Public Prosecutor's office? Is there any working relation?

No, not really. The Public Prosecutor – I mean the office of the Public Prosecutor is obviously the very senior prosecutor, the Public Prosecutor himself, and the deputy public prosecutors. And they are usually extremely busy and very difficult to access. So in a sense, the best way of actually understanding the prosecutor's perspective has often been to have informal conversations with prosecutors at lower levels as opposed to actually trying to have that kind of conversation about an individual case.

We have in the past sought meetings with the Public Prosecutor himself and even with the Assistant Public Prosecutor and so far they've always declined them due to time constraints. Which in some cases I believe was actually very true, because, you know, in the first half of 2011 in particular they were investigating all of the police abuse cases as well as many of the corruption cases. So I have some – yea, I do understand that to a certain extent. However I do think the office of the Public Prosecutor needs to have a better relationship with the human rights community in general.

When Morsi tried to 'promote' the Prosecutor General to ambassador at the Vatican there were huge protests. I mean, he was unfazed and just stayed in the job for the reason that he gave. There were reportedly more than 1000 judges and prosecutors supporting him, warning to touch the "independence of the judiciary". On the other hand many point out that the judiciary is very corrupt, that you have to have connections, family ties even better, to become a judge. How 'independent' is this judiciary?

Well, the short answer is that the judiciary in Egypt has a very mixed reputation. And overall you can't say that the judiciary is independent, because of everything you referred to. There are lots of corruption concerns, there are lots of concerns in terms of how – in terms of the judges who used to sit on Mubarak's State Security Courts or who used to oversee Mubarak's elections and which, you know, were completely forging it obviously. So those judges – many of them are actually known by name also to the Muslim Brothers, since in many cases they were the ones who were being sentenced in these cases. So obviously the issue of independence of the judiciary needs to be addressed.

The issue is how. And I think the way Morsi went about it with the Public Prosecutor, I think that was very clearly, extremely mismanaged and obviously would also, you know – they can get the formal protection for the independence of the judiciary then become the issue as opposed to the policies of the current Public Prosecutor.

But then, you know, more broadly speaking, you have the same issue when it comes to the Supreme Constitutional Court. The Muslim Brotherhood see that court again as being one of the last bodies controlled by pro-Mubarak people. And while I think that that's actually not an accurate estimate of the full make-up of that court – some of those individuals are judges who are known to have been responsive to the government, I think on some cases – but you can't make that assessment about all of the judges on the Supreme Constitutional Court.

So it's really a fundamentally problematic issue. You know there's a problem of the independence of the judiciary, you know that you need to address reforming the institution, but you can't do it by – through executive order from a president at a time when you really need the judiciary to continue to be a check to the executive, you need the judiciary to address accountability of the security services, you need the judiciary to help you with implementation of the rule of law. And a sledgehammer approach is not going to be productive for anybody in Egypt. I think it has to be a process that's based on the new judicial authority law, it has to be a process accompanied by some transparency, and it has to be a process that goes slowly, because we also have examples from other countries where this becomes – where, you know, taking too quick an approach of cleansing the judiciary can become detrimental to the entire institution over the following years.

If as you say or as one can see the judiciary body is perhaps one of the remnants still of the old regime, is this then perhaps one of the biggest fights still between the felool and the new forces in Egypt and could this be one of the battles that still has to be fought by the revolution?

You see, I don't – I don't – I don't think so, no. I don't agree with the assessment that the judiciary as a whole is a felool institution. I think that is an inaccurate assessment because there are also many judges who would often – especially if you look at the administrative courts over the last period – who would often take decisions that were independent as such. So I think there's a mix within the judiciary, there are certain layers – there are different levels of those judges who are really complicit with the government, complicit with the system, who take orders, instructions from the government by phone and would make politicised decisions. I think, those judges, you know, are fundamentally problematic. But I don't think – I don't think it's productive to take a holistic approach to the institution as a whole.

I think, looking at the institution as a whole you have to address that from a legal reform perspective, how to increase guarantees of independence moving forward. And in terms of individual judges, I think in a sense the best way to address that is actually through transparency, through publication of what they were involved with in the past and their sense that will affect their impartiality as individual judges, and they can be increasingly shunned out of the system.

Let's talk about another topic: Women's rights are human rights. Yet women - who fought alongside in the revolution - now feel left out in the process in building the new Egypt. Only 7 members in the Constitutional Draft Committee of 100 were women and the constitution itself, as you criticised, omit's women's rights when it comes for instance to trafficking. There was a march to the presidential palace by women demanding that their rights should be respected. Do they stand a chance of being heard?

I think, in a sense one of the small victories perhaps for the women's rights movement has been the fact that they've managed to get women's rights in the constitution put onto a list of issues that liberal political parties, political party representatives and liberal political personalities on the constitutional assembly are negotiating with a hard line Islamist – that's one of the sort of red lines. Obviously there's been a lot of coverage of the question of what status Sharia will have within the constitution and that will have an impact on women's rights. So it's not just women's rights groups on the outside, it's now also politicians on the inside who are negotiating on behalf of those groups. And I think that's important, because that's not only the case in Egypt, unfortunately.

I think, you know, the extent to which there will be success on that issue, that isn't clear yet. The latest compromise is the removal of Art. – I mean the deletion of Article 68 as a whole, because Art. 68, which is the one on equality between men and women as it stood, was limited by the language, saying that the state shall provide for equality without prejudice to the rulings of Sharia. And the word 'rulings' here is highly problematic because it sets out a very rigid determination of which rules in particular with regard to family law would apply to women. And in a sense at this stage my position – I mean our position at Human Rights Watch is that it's better to exclude a provision like that which would set out so clearly the limitation rulings of Sharia while retaining the general non-discrimination provision than to retain a provision as it stands.

Of course Egyptian's women's rights groups' reactions has been to insist that there'd be a provision that provides for full equality on the grounds of gender and provides for other rights for women and then they're quite right to continue to fight that battle. But it's not a very optimistic situation given the way things have been going on the constituent assembly.

Let's talk about Maspero. The peaceful march more than a year ago by Coptic christians was brutally crushed by the military and 27 people were killed. There was lots of video evidence showing how deliberately army drivers ran over unarmed protesters with their APCs and crushed them to death. With so much evidence one should have expected quick trials and harsh sentences. Were these expectations met?

Well, no. I think the trial that took place before a military court was one that was, you know, fundamentally problematic. Our recommendation at Human Rights Watch has always been that serious human rights abuses by the military not be tried before a military justice system because this is a clear conflict of interest. And the military justice system in Egypt has no assemblance to independence. Judges report to judges serving military officers and the line of authority, the head of the military justice authority, reports to the minister of defence. So there is not even an attempt to have a semi-independence military justice system. And as such the decision to refer three very junior soldiers – who were said to have been driving APCs on that day – the decision to refer them to trial was an inadequate one and the sentences that were issued against them were extremely inadequate: between two to three years for that crime is nothing.

And there was a specific decision to exclude any investigation on the role of the military in the killing of 14 protesters using life gunfire. The case that actually went to court only looked at the killing of 13 protesters who were crushed by the APCs. But the military from the beginning has refused to acknowledge that it's ever used live gunfire. And that is, you know, fundamentally a problematic approach.

So, no, I don't think there's been any serious accountability for Maspero. I don't think those responsible have been investigated and prosecuted because there was also no examination of commander responsibility. It's not just the drivers of the APCs on that day who were responsible. It was also the people issuing orders, it was also the military commanders who were deployed at a field level, it was also military commanders who discussed plans for that day and who aren't in the military offices in that way. And that is not something which I think Egypt will ever get a real investigation into until the civilian justice system is in a position to actually investigate the military. I have no hope that there will be accountability while it's only the military justice system that can investigate and prosecute military officers.

I suppose this also holds true then in your assessment regarding Mohamed Mahmoud street, cabinet clashes, other protesters killed?

Well, I mean it holds true for the cabinet clashes in particular, because there again we have protesters who were killed. We have also clear video footage, a clear documentation of the assault of protesters, beating of men and women protesters by the military and yet there's been no investigation into that.

Mohamed Mahmoud I think is a slightly easier battle, or rather let me say a less difficult battle, a less impossible battle, because there you don't actually need legislative reform in order to be able to try people. In a fact, I think there is so much evidence that's out there, as I say, that really if there is a political will to prosecute people from Mohamed Mahmoud, technically speaking that could go ahead. So what you need is a political will, you know, you don't actually have to fight the entire military justice system in order to get the evidence as well. And yet we've only seen one police officer put on trial, which is of course completely ridiculous. So there again, we haven't seen accountability for Mohamed Mahmoud.

Let's turn another page: In April a 17 year old boy in Assiut got sentenced to 3 years in jail for a photo on Facebook that was said to be blasphemous. The young boy now serves prison time and one can rightly expect his life to be ruined. At the time you spoke of a "frightening pattern". Since then more Copts have been sentenced to prison terms, small Coptic children have been arrested for allegedly defaming a Quran they can't even read, and the young Copt Alber Saber is awaiting his next court sessions, also fearing years in prison. Is this the "pattern" you spoke of?

I think what worries us most in the Human Rights Community is the increase and the number of complaints filed on the grounds of blasphemy and increase in the number of prosecutions and trials. I think for accuracy's sake it's important to point out, that while Alber Saber is technically a Copt, he himself identifies as an atheist. And so this isn't something that is targeted purely at Coptic Christians although they form the majority of victims so far. It is something that will also target atheists and there's also been a Shia Iman sentenced to one year under this provision. So in a sense, anyone who does not conform to either – I mean, anyone who will either criticise Islam the religion or the Prophets, he will be at risk. But also individuals from faiths other than the three Abrahamic religions will also be at risk in this sense. And I think what's most frightening for us is, that we're – I think we're likely to see an increase in the number of these prosecutions going forward.

People blame the president and the Muslim Brotherhood for this. But isn't it the judiciary that was formed under Mubarak that is actually doing this?

I think it's a combination of factors. I don't think it's a – I don't think you can just blame one or the other party. The main problem of course is that this provision is an extremely broad one and it is still in the books. This is the penal code that was obviously used under Mubarak. Many of these cases are filed at a local level by Islamist lawyers and many cases Salafi lawyers. The fact that there is a lack of interference from the authorities at that early level, I think that is one opportunity to actually address this. But once it actually goes to the prosecutor's office, because of the broad discretion given to prosecutors under this provision, they will almost invariably refer the case immediately to court. And here again, once it's in court, once again because the provision is so broad – it basically just says that anybody "insulting Islam" ... , and that is open to definition to anyone – but if you end up with a conservative judge, which is very likely to take place, since many of theses cases also take place, you know, outside the bigger circuits in Cairo, then the likelihood of a conviction is also very high.

There's also been an increase again in rounding up and arresting suspected gay men in Egypt. What does Human Rights Watch monitor with regard to the post-revolution situation of LGBTs?

I'm not sure that we're at a point where we're actually seeing targeting, because there has obviously been an increase in reported cases, but so far it's still – they're still fairly isolated cases. If we were to see the kind of crackdown that we saw in early 2004, the numbers we'd be looking at would be much, much higher, because it's fairly easy to track down the gay community in cities like Cairo or Alexandria, should they want to. So luckily we're not yet at that stage, but here again it's a very, very, very serious concern the fact that some of these arrests have taken place. Because, if there is a decision to take the case to court, I think there is very little that anybody in the human rights community can do to protect these people from a conviction. So our whole advocacy strategy in a sense is to actually prevent the arrest itself and to prevent a referral to court.

During the revolution many people were arrested, abducted and went missing. I remember in February 2011 we both compared lists of the missing and an estimate of 330 at the time we found very high. Then there was a study in March coming out saying 1200 went missing. And now the campaign "We will find them" [Hanlaqihom] says, almost two years after the revolution hundreds are still not found. Is that a number you can relate to?

This isn't something that I – no, this isn't something that I've actually examined and verified. I've heard 'We will find them' muse various numbers at different points, even the number a thousand a few months ago, which I think is too high. It's possible that there may still be some – and I'm afraid, in most of these cases I suspect that these are people who were actually killed but were either not properly identified in the morgues or – you know, might be in places where they've unable to communicate their identity if they're still alive. But I don't believe that we would get a two year detention that will be this long without people that hear of the prisoner. I mean, knowing Egyptian prisons you can usually send word, either via other prisoners who are receiving visitors ... – And I don't think any of them are also specifically valuable detainees in the sense that they would want to disappear them. And we have no evidence that disappearance as a crime is something that is taking place by the security services at this point. So, I'm afraid that in most cases it must be individuals who've either been killed or maybe are unable to communicate with their families.

Lawyer Ahmed Seif El-Islam, he is a member of the official committee set up by Morsi to look into prisoners, said in August that there are "private prisons" associated with certain security agencies and outside the inspection jurisdiction of the prosecutor. Have you any knowledge of this?

No. No, I don't.

Can you give a short assessment regarding the renaming of Amn el-Dawla into Amn el-Watany? Is this really a change, was there a reform? Or is this only pouring old wine into new bottles?

Well, we know that many of the staff of State Security Investigations were just transferred into National Security, and there's been no transparency about whether or not there was any overall method or any criteria for the reappointment or not. So there's no reason – we haven't seen any real accountability, we haven't seen any transparency, we haven't seen any accountability for the crimes of the Security Investigation's officers over the years. And I think at a minimum we can say with confidence that the National Security is not any different from State Security Investigations in that sense. There hasn't been an improvement of oversight. And we're still getting cases where they are interfering politically, although we haven't been getting cases of detention or ill-treatment so far.

So how safe are Egyptians these days from torture?

Oh no, torture continues in the context of normal criminal investigations. We're just not getting torture cases from National Security yet. But no, torture continues as a practice. There's been no attempt to actually halt torture in any way.

When apartheid crumbled in South Africa, a truth and reconciliation committee was set up under Desmond Tutu. Criminal figures could get amnesty if they confessed to their crimes and asked the victims for forgiveness. When in Germany the Berlin Wall came down, former criminal members of the regime where put on trial and got sentenced to jail. What solution would you think to be better for Egypt to heal the wounds after decades of suppression and human rights violations?

I think what Egypt needs is a proper accountability process for the crimes of the past, and not just these partial and ineffective prosecutions that we've had for the violence of January 2011. And even those haven't brought about real accountability. In a sense the fact finding committee set up by President Morsi could be a potentially good starting point. They have looked at a number of incidents where there hasn't been accountability.

But I think most importantly there actually need to be prosecutions for the use of torture – the political tool of punishment – but more importantly as a regular form of extracting confessions in the context of criminal investigations. Unless you actually start prosecuting and having trials you will not be able to deter the practice moving forward. And unless you actually address prosecutions within the security sector and reform the security sector in a comprehensive and transparent way, you won't get a change in the behaviour of the police moving forward and we will see more incidents like Mohamed Mahmoud or the other incidents of excessive use of force on the part of the police. So accountability is an essential part of that.

Heba, thank you very much for this interview and your time.

Thank you.

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You can follow Heba Morayef on twitter at @hebamorayef

September 30, 2012

Alber Saber – And all is well in Egypt

Imagine it is night. In the darkness outside a mob is congregating around your house. They scream, they hurl death threats, they say they will burn down the house and kill you. You and your mother are scared to death. Your mother calls the police by phone. They must come and protect you or something terrible will happen. Then the police come. They intrude into your apartment, but instead of calming the crowds and stopping their illegal doings – the police arrest you, drag you out of the house and through the cheering crowds that continue in their death threats while shouting Allahu akbar. Your mother is left behind without someone protecting her. And you cannot do anything, because the police have handcuffed you and drive you away. It is almost midnight and the horror has gone on for hours. You are scared stiff and don't know where the police is taking you and what will happen to your mother.

Imagine arriving at the police station at the middle of the night with no lawyer to help you, no one to turn to. Imagine the police officers, who came not to save you but to arrest you, hurl insults at you, push you, beat you, then throw you into a dark cell where there are other inmates already. Imagine one police officer shouting to the inmates that you have insulted the Prophet, that you have been blasphemous, that you don't believe in God – shouting it so loud that everyone is getting agitated and angry. Imagine the frustrated inmates, furious at the police for treating them like dirt, now turning their fury on you, because they need an outlet for their anger, need a scapegoat they can blame everything on. And imagine how they fall on you, shouting, pushing – and how then one inmate grabs you from behind, pulls back your head and slashes your neck with a razor blade until you bleed. While the mob around you want to kill you and the police officer grins his dirty grin.

Your adrenaline will pump in your head, you are so scared to die there and then in this shitty police hole of a cell, with the blood already running down your neck and into your shirt, you sweat yourself wet and your heart pounds so hard that it hurts and you know you are going to die any minute at the hands of this incited mob – and then the police officer finally shouts for them to stop and they let go of you and the police officers move away and you have to spend the rest of the night in a corner of the cell not knowing if they will come at you again, if they will take that razor blade again and slash you to death. And you feel the blood running down your body and into your trousers and you don't know if the mob on the street has killed your mother or not. It is so dark in that cell, so unbelievably dark. And you lose all grip on yourself because you don't know if you'll survive the night.

Imagine all that. And then wonder what you have done that could have caused this. Not in the Middle Ages. Not in the middle of nowhere. But in Cairo. In 2012. Under the regime – or is it a government – of Mohammed Morsi and the Muslim Brotherhood.

Then you hear that the mob has told the police officers that you had posted that anti-Islam movie about the Prophet from that disgusting American on your facebook site. But you know you didn't and you know they are lying. And you don't understand how you can almost die in front of the police who never investigated anything when they where called to save you from the mob, but instead threw you in jail. Without evidence, without any reason. In Cairo. In 2012. In September.

And later you learn that the investigations of the prosecutor indeed show that you have not posted that shitty film on your facebook page, and that therefore they should never have arrested you and thrown you to the furious inmates inciting them to injure you. And you learn too that the General Prosecutor, who has already done his evil work under Mubarak and never cared for the murders of almost 1000 innocent Egyptian protesters, is still allowed to be evil and still allowed under President Morsi to continue in his evil work. And you think about the promises of this new President, who said that all murders of the revolution will be solved and all martyrs will get justice. And you know this will never, ever happen with this General Prosecutor, who did not care about the young protesters getting killed and who does not care to do what the new President tells the world in his interviews, and who still does not get sacked but can continue to be a felool, while the President just allows it to happen.

And then you learn, while you got your head shaved and have to share a dirty cell with too many inmates and get hardly something decent to eat and have to shit in front of the others while the cockroaches run around your feet, that the prosecutor knows you are innocent, but that he still won't set you free. Because he found out that you thought about religion and God and that you don't know who to believe, and to him this is worse than insulting religion, this is so evil that he would like to kill you and is sorry he can't, because there is no law for that in Egypt. And you learn that all evidence is withheld from your lawyers that your mother and human rights groups have now engaged for you. That the prosecutor is not giving it to the lawyers although he must, but he does not care for the law. He is above the law, as he was above the law under Mubarak and is now above the law under Morsi, because this new President is not better than the old one and does not care. And you learn that the prosecutor hisses at your lawyer how he can defend you, when you don't believe in a God! And you wonder why he knows nothing or cares for nothing that is called judicial procedures and defence of an accused or the rights of someone who has not been proven guilty. And you know, if he could, he would order you to be lashed or again thrown to inmates that try to kill you. And he would laugh about the blood running down your body and would go home not thinking about it anymore. Because his life is fine. His life has not changed. No revolution has forced him to change his evil way. He does not have to care for the law or human rights or the big words from the President. Because the President allows this to happen. In Egypt. In 2012. And so the prosecutor can say to the press that he demands the full punishment for you – for what?, you think – and no mercy, no mercy!

And the President says nothing. Only big words on television. And grins. Like the General Prosecutors grins. And you wonder why in God's name – yes, in his – you and your mother so often have risked your lives back then in Tahrir, when you fought for the revolution – that now eats you up like the regime before wanted to eat you up. And you ask yourself why so many died in Tahrir and around Egypt when what you got is only what you had. And you think that if you had wanted to be thrown in jail for nothing, you might as well have achieved this under Mubarak and that you would not have needed a revolution for this. Because what you get today is the treatment you could have gotten before. So why the fight and the many deaths? It has all been futile.

You are 27 years and of Coptic origin. You are not dumb. You have been taught to think and use your brains to question. And you have questioned. You have looked at the three big religions with their contradictory statements and their unequivocal belief only they are right, only their God is the one and only right God, and you looked at all that and were confused. Yes. You were a young man and you were confused. Now they hold that against you. Your crime, they say, is that you asked questions, that you tried for your life to find answers you could live with. Your crime, they say, is that you dared to use your own brains, that you not simply behaved like a sheep and said "blah, blah" when all demanded you to say "blah, blah" and not think, and not question, and obey blindly under the sword of religion that to you is not solace but confusion. Your crime, they tell you, is that you did what hundred thousands of people and philosophers have done before you in thousands of years that this world exists, trying to find answers to riddles that are so difficult to solve, trying to see light in dark tunnels, trying to find a personal way to understand life.

That was your crime. In Cairo. In 2012. In the 21st century after a revolution and under a President who says that now all are equal in Egypt. And he tells it to the world in staged interviews, grinning and smiling as if everything is in order. But he does not tell to that world that he is lying, that the Muslim Ahmed Mohamed Abdallah (known as Sheikh Abu Islam), who burned a Bible at the U.S. embassy protests and who was filmed doing that and who said that next time he will "urinate on it" and who too is charged with blasphemy, is free and not in jail and not beaten and not slashed with a razor across the neck and does not have to sit in a cage like an animal for all to watch and scorn at and has no mother who had to flee the angry mob threatening to kill her and burn the house down and who cannot return to her home because the Egyptian police is only protecting the mob but not the innocent woman. And who is not sitting in a dark, infested, dirty cell at night with unruly fellow inmates and is scared stiff that he will be sentenced to years in prison and never see his mother in freedom again and will not be able to protect her from the mob that still wants to kill her. In Egypt.

In the Egypt, where the President Morsi says, all now are equal. And where lying is still the name of the game in the presidency, in the judiciary, in the society. And nothing has changed from Mubarak times. Nothing has changed, just nothing. And they drag you from the cage after a futile court date, where your lawyers not even got the evidence against you into their hands, where the prosecutor molests your mother and treats her like dirt so that she weeps and weeps, and where you are insulted and degraded and can't help her from out of that cage. And they lead you down the stairs to the truck waiting to bring you back to your cell, and they need five men, five grown men to shove you down one single staircase, though your are handcuffed and thin and skinny from the shit treatment you had to endure already for weeks, and you can't look at your mother one last time because they won't let you, and you know that Abdallah is free and that the mob is free and that the General Prosecutor is free. And all are grinning and smiling and free. Because the President says in an interview that now all is good in Egypt and all are equal before the law. And you know you will spend your nights and days until the next court date in weeks in that infested, dirty cell, degraded, humiliated, treated like dirt. Because you too are an Egyptian. And equal. And you wonder what Morsi means, when he says "equal", and whether he knows that he is lying, and you don't know how you will survive.

Just imagine all this would happen to you. Your name would then be Alber Saber. And you would not understand why the world, why Egypt, why your fellow Egyptians, why the President Morsi is allowing all this to happen. But as this did not happen to you, you are not Alber Saber. That is wonderful. You will sleep well. Because Egypt is well. And all are equal now. And all is good now. And the President will not lie anymore and means what he says. Because he is not Mubarak. No. Mubarak is gone. There was a revolution, remember? Now all is well. And Egypt has nothing to fear anymore. Never again.

__________________________

Alber Saber was arrested on September 13, 2012 on false charges in Cairo, Egypt. He has not regained his freedom.

Report on the trial – The Washington Post

Report on the case – Daily News Egypt

The arrest video – "Alluha akbar"

September 04, 2011

Help free Maikel Nabil - it's easier than you think

Many years ago amnesty international had a slogan on their banners that read:

"100.000 persons think: One person alone can't make a difference."

100.000 persons thinking that - will achieve nothing - while 100.000 persons understanding they are an impressive force - will achieve a lot.

In the case of the imprisoned blogger Maikel Nabil this force can decide over life or death. Because Maikel has been on hunger strike for almost two weeks now - and on thirst strike for six days. Three days ago he went into a coma and was transferred to the prison hospital. His family is not allowed to see him, no one is getting information about his health and what exactly they are doing to him in the prison hospital. Maikel's life is in danger and only the massive force of many understanding how powerful their one contribution in a sea of hundreds of thousand contributions is, can save him.

Please take action now! It is much easier than you think.

In accordance with the Urgent Action by amnesty international, the demands of Reporters Without Borders, the Human Rights Watch and the Committee to Protect Journalists - you can write five easy letters to the person's in Egypt that can make an impact on whether Maikel Nabil is set free or not. All texts you need are there already. All you need to do is copy them into your word doc or mail program and send them off.

Saving a life couldn't be easier. Making a point, that you do not tolerate the sentencing of freedom of opinion in the New Egypt after the revolution couldn't be more vital!

Please act now to help get Maikel Nabil free before his health deteriorates even more and he might suffer serious injuries or possible death.

Here you find the texts you need for your action.

August 22, 2011

Members of EU Parliament urge Ashton to speak out against military trials of civilians in Egypt

An alliance of Members of the European Parliament from all parties have written an urgent letter to EU foreign policy chief Catherine Ashton demanding of her to express the EU‘s deep concern about the many unlawful detentions of protesters in Egypt as well as the ongoing military trials of civilians.

Marietje Schaake, MEP (ALDE), who is one of the MEPs that initiated the letter to Ashton, stated: “Civilians have the right to transparent and fair trials before independent civil courts, and should not be tried at all for merely speaking freely or for peacefully assembling.”

Against the background of statements made by the Supreme Council of the Armed Forces (SCAF) which accused several youth movements and individuals of inciting violence and creating unrest and has sentenced thousands of demonstrators to years in prison by military courts without access to a lawyer, the MEPs spoke of a „chilling effect of the large-scale military inquisitions on free speech“.

Franziska Brantner MEP (GREENS), co-initiator of the MEPs alliance, pointed out: “The Egyptian authorities’ commitment to the democratic transformation of their country would be much more credible if freedom of speech and civilians’ rights to a fair trial were fully respected. Egypt’s leadership in the Arab world and beyond depends on the ability of the Egyptian authorities to protect and uphold the values of the January 25 revolution.”



(To read the lettter in high quality click on the pages)

August 18, 2011

Egyptian military plays foul on Amr El-Beheiry

Unbearable news come tonight from the military court that deals with the appeal of Amr El-Beheiry, a young Egyptian man who took part in a peaceful demonstration in February at Tahrir square, got arrested by the military and sentenced to 5 years in jail in a quick trial in absence of any lawyers. - That in itself was a gross violation of international judicial standards and nothing short of a violation of human rights.

Amr El-Beheiry, who has been torn from his life by the military now for already 6 months, jailed in the notorious Wadi El Gedid prison where he was badly beaten and abused, appealed against this unfair verdict in March. Today - 5 months later - the court has announced the first date for the appeal hearing - May 1, 2012!

What must Amr feel tonight? How devastated must he be without hope that his normal life will be restored again? For reasons beyond comprehension the Supreme Council of Armed Forces (SCAF) just is not listening to all the appeals by Human Rights Watch, amnesty international and many human rights organizations and activists in Egypt to retry Amr and set him free. With the setting of the appeal date to May 2012 they have condemned Amr El-Beheiry to 15 months imprisonment - before his appeal is even discussed for the first time!

What kind of judicial procedures are these where the rights of a prisoner are so grossly violated, where his justified demand that the verdict is investigated is ignored for such an unbearable stretch of time? Unfortunately in military trials the verdict can not be appealed with regard to contents but merely with regard to procedural flaws. But these have been more than evident in his case because his quick trial without hearing the witnesses and without allowing for a defense are violating all procedural requirements of a fair trial as laid down in international agreements.

Only yesterday Human Rights Watch has pointed out that the broad jurisdictional basis of the Code of Military Justice in Egypt is incompatible with international human rights standards because it allows for military trials of civilians without any subject-jurisdiction limitations. The United Nations Human Rights Committee, the expert body that provides authoritative interpretations of the International Covenant on Civil and Political Rights, to which Egypt is a party, states categorically in its recently issued General Comment No. 34, on Article 19 on Freedom of Expression, that, “States parties should not prohibit criticism of institutions, such as the army or the administration.” By this standard, article 184 of the Egyptian penal code, which criminalizes “insulting the People’s Assembly, the Shura Council or any State Authority, or the Army or the Courts,” is incompatible with international law and must be amended accordingly.

All this does not help Amr El-Beheiry. His military jailers ignore international standards and all appeal to fairness from Egyptian activists and human rights groups. For Amr this day is the crushing of all hopes that he will after all be retried and set free, as others have been in the last months. Why the SCAF is so determined to destroy this young man's life is inexplicable. But it will fuel the hatred even more the SCAF has already garnered for its notorious violation of human rights standards while at the same time pretending to be "with the people of Egypt".

Is the SCAF with Amr El-Beheiry and his family? Hardly, or they would not torture them to this extreme. There is no excuse whatsoever for treating an innocent young man in this abhorrent way while disregarding all efforts by the people to restore freedom and dignity to the battered soul of Egypt.

Let us fight for Amr El-Beheiry's freedom each day anew. Let us not accept this delay of the appeal date. Let us not look away and forget him, for his plight stands exemplary for the plight of more then 10.000 Egyptians that have been tried by the military in unfair military court trials since January 25 with little or no hope to regain the freedom they once went out in January 2011 to fight with their lives for.

Did the SCAF fight with their lives to free Egypt of its dictatorship - or is the SCAF proving day by day that they have been and are part of the dictatorship? - They did not fight with their lives. They watched from the comfort of their privileged seats. And whether they are just a continuation of the dictatorial regime - well that is something for them to answer.

With keeping Amr El-Baheiry in jail and ignoring all calls for a fair retry they might once again have given us the answer. It's not a pleasant one, so much is certain.


------------------------------------- 

This is Amr's story:

Amr El Beheiry, was arrested on Feb 26 at night at Midan Tahrir. Although - as is proven by many witnesses - Amr was peaceful and unarmed, he was arrested by the military because of ‘possession of weapons‘. They beat him severely - then had to notice that in fact he was not having any weapons on him. Bruised and battered Amr was released. Bad luck to be victim to such a mistake.


Shortly after his release the protesters decided to leave Tahrir for home. Amr with others got into a car but they did not get far. Still within looking distance of those they had just parted from, the car was suddenly busted by another group of army personnel, the occupants dragged out and arrested. Amr - who clearly had done nothing - again was in the hands of the military.

At the military court - in one of those notorious quick trials that no one was allowed to attend -  he was sentenced to 5 years in prison although he had done nothing and no arms existed that he was said to have carried. The testimonial from Prof. Leila Soueif, who had been at Tahrir and had witnessed the abuse against Amr and could prove that he was abducted from the car, had no weapons and not done anything, went into the trash. Because - who at a military trial is remotely interested in the truth? No one.

So the injustice began and has not stopped ever since. While the verdicts against protesters arrested on March 9 were held back and not ratified and those protesters in the meantime came free, the verdict against Amr El Beheiry was for unknown reasons ratified. That shut the door for him, for now the military could not release him like the others without losing their face.

There is no justification for such an act of injustice as this. If other protesters could be set free that were just as peaceful as Amr El Beheiry there is no reason in the world why this young man must serve a 5 years sentence! Just so the SCAF can keep its face?

Amr El Beheiry has been imprisoned now since Feb 26 - that is six months already - and he is still in prison although he is as innocent as the other protesters that have been released!


SCAF - how long is this unbearable injustice supposed to continue?  


Retry Amr El Beheiry now!
Don't delay his appeal hearing any further
and set him free!

Amr El-Beheiry in better days: in freedom

July 02, 2011

Save Youcef Nadarkhani facing execution in Iran!

Terrible news come out of Iran where a person's life is not worth much under the despotic regime. A 34 year old father of two boys can be executed any minute now just for asking that freedom of religion - guaranteed under the constitution of Iran - is respected.
 iran map 1 300x275 Full Story of Youcef Nadarkhani
In 2009 the government had decided that all children must be taught about Islam - including children of religious minorities like Christians. Youcef Nadarkhani, who worked as a pastor in the town of Rasht, went to the school of his sons and protested this based on the Iranian constitution which allows for freedom to practice religion. As a result, the secret police called him before the political tribunal in Rasht on October 12, 2009. At that time he was arrested, charged for protesting and has been in prison in Lakan (seven miles south of Rasht) ever since. - Later the charges changed to apostasy (renouncing Muslim belief) and evangelism to Muslims (which apparently later was dropped).

Youcef Nadarkhani has spent many months in solitary confinement. To put pressure on him to abandon his belief they decided to arrest his wife in order to place more pressure on him. On June 18th, 2010, Fatemah Pasindedih was arrested and placed in prison in Lakan. During this time their boys went to live with a relative. Both Youcef and his wife Fatemah were threatened by authorities that their children would be taken away and given to a Muslim family. Youcef was not swayed to convert to Islam, so his wife was put on trial without an attorney and sentenced to life in prison. An attorney was later hired and the sentence appealed. The sentence and conviction were overturned and she was released.

On September 21 and 22, 2010, Youcef was put on trial before the 11th Chamber of The Assize Court of the province of Gilan and verbally given the sentence of death.

On October 29, 2010, the United States Commission on International Religious Freedom asked President Barack Obama to press Iran to release Yousef.

A written verdict needed to appeal was delayed and then delivered on November 13, 2010, by the 1st Court of the Revolutionary Tribunal. It stated that Youcef Nadarkhani is to be executed by hanging for apostasy. Twenty days are allowed to appeal the sentence with the Supreme Court of Iran.

The verdict was appealed to the Supreme Court, but on June 28, 2011, it was learned that the Supreme Court reached a decision. The third chamber of the Supreme Court in Qom upheld his conviction for apostasy and the death sentence. He will be given another chance to recant and convert to Islam and - if he does not comply - he will be executed. If the sentence is carried out, Youcef would be the first Christian executed for religious reasons in Iran in over 20 years.

The United Nations Commission on Human Rights considers the decision of a person on his religion a human right legally protected by the „International Covenant on Civil and Political Rights“ that was signed by Iran:
„The Committee observes that the freedom to 'have or to adopt' a religion or belief necessarily entails the freedom to choose a religion or belief, including the right to replace one's current religion or belief with another or to adopt atheistic views [...]

Article 18.2[6] bars coercion that would impair the right to have or adopt a religion or belief, including the use of threat of physical force or penal sanctions to compel believers or non-believers to adhere to their religious beliefs and congregations, to recant their religion or belief or to convert.“
 
Youcef Nadarkhani could be hanged at any time. This is the way that the Iranian government operates with executions. They do not give advance notice and it is done in secret. His life is in imminent danger.

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Please help to save the life of Youcef Nadarkhani! 

His sons Daniel (9) and Yoel (7) and his wife need him. He has been in jail already for almost two years. If he is now executed the family will be devastated!

THIS IS WHAT YOU CAN DO

1.     Spread the word. - Tweet, blog, facebook and email information on this case to all you know and ask them to spread too (you can send the link to this blog or any of the links included here). The only thing that can save Youcef Nadarkhani's life is worldwide pressure!

2.     Contact media people you know and ask them to pick up the story and report on it so that his case receives worldwide attention!

3.    Contact any Iranian Embassy by mail or fax and ask Iran to lift the verdict and set him free! Be polite in your message but stern in the matter pointing out that Iran has ratified the "International Covenant on Civil and Political Rights" guaranteeing the right of each person to choose and change his religion. - Choose an Embassy

4.     Contact your government and urge them to intervene on behalf of Youcef Nadarkhani's life! Do this by mail or fax to be quick as time is short.

5.   Contact U.S. Secretary of State Hillary Clinton here and urge her to try and intervene to save Youcef Nadarkhani's life!

Note: Religion is not an issue. It doesn't matter what you believe in. No one should be killed for having his belief. A world were people are executed for believing in a God they trust is a horrible place to live in. It is up to us to change that - Muslims, Christians, Jews, Hindus, Buddhists ... - let's be one!

It can be a matter of hours or a matter of days until they hang Youcef Nadarkhani! - Worldwide attention must be brought to his fate! 

Therefore please act as quickly as you can to help save the father of two young boys so that the family won't be destroyed and the children won't have to grow up fatherless!


_________________________________________________________

UPDATE - July 04

Iran's Supreme Court is said to have halted the execution of Youcef Nadarkhani for the moment sending the case back to the court in Rasht, lawyer Mohammad Ali Dadkhah told AFP. Under the condition that Nadarkhani recants and converts to Islam the death sentence would be lifted. This was told to the lawyer by phone. He has not seen any written confirmation on this yet. Human rights experts familiar with Iran's practices of such cases warn to say the death sentence has been annulled. If at all it has only been temporarily suspended under the condition of conversion to Islam. If Youcef Nadarkhani refuses to recant and remains loyal to his Christian belief the death sentence is pending and he can be executed any day without any prior announcement.

Meanwhile the lawyer himself has come under pressure. As Mohammad Ali Dadkhah told AFP he has been sentenced by a court in Teheran yesterday to 9 years in jail and a 10-year ban on practicing law or teaching at university for "actions and propaganda against the  Islamic regime". The lawyer said he had been criticised for having cooperated with the Centre for the Defence of Human Rights, an organisation founded by Nobel peace laureate Shirin Ebadi, as well as for giving  interviews to foreign radio stations. He has 20 days to lodge an appeal, he said.

_________________________________________________________

UPDATE - July 06

The U.S. State Dept. has expressed its dismay over the reports that Youcef Nadarkhani faces death by execution if he does not give up his Christian belief. "If carried out, it would be the first execution for apostasy in Iran since 1990", U.S. State Dept. spokesperson Victoria Nuland pointed out.
"While Iran’s leaders hypocritically claim to promote tolerance, they continue to detain, imprison, harass, and abuse those who simply wish to worship the faith of their choosing.
We join the international community in continuing to call on the Iranian government to respect the fundamental rights of all its citizens and uphold its international commitments to protect them."

_________________________________________________________

UPDATE - July 07

John Baird, Canada's Foreign Affairs Minister, expressed his government's concern over reports that the Iranian judiciary may follow through on its sentencing to death of Nadarkhani for apostasy.

In a statement, Baird said:
"Canada calls upon the Iranian court to respect its obligations under international human rights law, including the right to freedoms of religion and belief, and the due process of law." 
Baird stated that if the court decides on capital punishment, "it would be the first execution based on an individual's choice of religion or belief since 1990. Iran has consistently persecuted minorities for their religious beliefs, including the seven leaders of the Bahá'í community whose imprisonment for practicing their faith was increased to 20 years."

Baird added:
"Freedom of religion or belief is a universal human right that Canada has championed at every opportunity in international forums. In the recent Speech from the Throne, our government renewed our pledge to create an Office of Religious Freedom to monitor and combat precisely this type of persecution around the world.
Canada hopes that the international community will join in this call to pressure Iranian authorities to uphold the fundamental rights, to which every person is entitled."
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UPDATE - July 13

The written ruling from the Iranian Supreme Court has finally been delivered to Pastor Youcef Nadarkhani's attorney. According to Iranian sources it does not annul the death sentence. It appears that although the written ruling upholds the death sentence, the judges would like clarification from the lower court that Nadarkhani truly was a Muslim prior to becoming a Christian. If he was, and does not recant, then he will be executed.

Youcef Nadarkhani said that he never really believed or genuinely practiced Islam.  He said he was simply born into a Muslim family but did not accept it himself. Despite this statement the death sentence was still applied.

Jason DeMars of Present Truth Ministries: "At this point, the most likely outcome appears to be a re-trial later this year, perhaps in the fall. It is important to remember that the Supreme Court did not annul the verdict that was based upon the fatwas of the Supreme Leader. Youcef Nadarkhani remains under the death sentence at this time."

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UPDATE - July 15

A petition in favour of Youcef Nadarkhani has gone up on the internet asking the international community to speak out on his behalf publicly to save Youcef Nadarkhani‘s life. This is a much needed tool to force Iran to reconsider the death sentence imposed on the father of two young boys.

“We the undersigned URGENTLY demand that the international community act forcefully to compel the Islamic Republic of Iran to IMMEDIATELY and COMPLETELY vacate the illegal death sentence against Youcef Nadarkhani for "apostasy".

He is a prisoner of conscience sentenced to die for nothing more than peacefully practicing the religion of his choice. The regime's conditional "suspension" of the sentence, contingent upon Pastor Nadarkhani "repenting", is itself an illegal act of cruel pressure to force Pastor Nadarkhani to renounce his faith.

This entire case not only violates legal and human rights covenants to which Iran is a signatory state, but it is an intolerable affront to the very norms of modern civilization which form the raison d'etre for the international community's institutions.

ALL AVENUES MUST BE ACTIVELY PURSUED AND EXHAUSTED TO REPEAL THE DEATH SENTENCE OF YOUCEF NADARKHANI AND SECURE HIS IMMEDIATE AND UNCONDITIONAL RELEASE!“

Sign petition

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UPDATE - July 18

An unofficial translation of the Iranian Supreme Court’s decision on the verdict to execute Youcef Nadarkhani has been published on the internet by Present Truth Ministries (PTM). It demands of the lower court to undertake investigations in order to find out if Nadarkhani had been a believing Muslim prior to becoming a Christian. If so, the Supreme Court decided he must be executed.
[UNOFFICIAL TRANSLATION]

In the name of Allah

To the lawyers of the accused (defendant)
To the local court
To the state court of Gilan Section 11

December 5, 2010

Issued by section 27 Supreme Court Judge Morteza Fazel and Azizoallah Razaghi

Mr. Youcef Nadarkhani, son of Byrom, 32 years old, married, born in Rasht in the state of Gilan is convicted of turning his back on Islam, the greatest religion the prophesy of Mohammad, at the age of 19.

He has often participated in Christian worship and organized home church services, evangelizing and has been baptized and baptized others, converting Muslims to Christianity. He has been accused of breaking Islamic Law that from puberty (15 years according to Islamic law) until the age of 19 the year 1996, he was raised a Muslim in a Muslim home. During court trials, he denied the prophecy of Mohammad and the authority of Islam. He has stated that he is a Christian and no longer Muslim.

During many sessions in court with the presence of his attorney and a judge, he has been sentenced to execution by hanging according to article 8 of Tahrir -olvasileh (one of Khomeni’s books about Sharia Law and Khamenie’s and Ayatollah Makarem Shirazi’s fatwa) His sentence was appealed by his attorney and sent to the supreme court.


The Supreme Courts Response

In the name of Allah

June 12, 2011

This sopena states;

We know that Mr. Nadarkhani has confessed that in his heart and in his actions he has denied being Muslim and converted to Christianity and has advertised and encouraged other Muslims to convert to Christianity. And because of advertising and pastoring a church repeatedly professed his Christian faith and denied the prophet Mohammad and the 12th Imam and denied the entire Koran and truth of the Koran.

His case was forwarded to the supreme court (Judge Fazel) and according to Part 2 of article 265 of the Islamic Republic Criminal Law, this case received by and must be returned the state court of Gilan Section 11, and further investigated to prove that from puberty (15 years) to 19 he was not Muslim by his acquaintances, relatives, local elders, and Muslims he frequented. He must repent his Christian faith if this is the case. No research has been done to prove this, if it can be proved that he was a practicing Muslim as an adult and has not repented, the execution will be carried out.
Signed by Morteza Fazeli and  Azizollah Razaghi

Now the lower court will have to re-examine the case and interview relatives, friends and people of his village in order to determine whether or not Youcef Nadarkhani was a practicing Muslim from the age of 15 to 19. If the court thinks this to be proven and Nadarkhani does not give up his Christian belief, the death sentence will be carried out.

Currently it is not known when the lower court will start with its re-examination and interrogation of witnesses. For now Nadarkhani remains in prison, where the father of two young boys has been held already for almost two years.

It is vital to note that Nadarkhani will not be executed on the basis of Iranian law that does not know a penalty for ‘apostasy‘. The death sentence is based on a fatwa by the deceased Ayatollah Khomeni and Ayatollah Makarem Shirazi - disregarding the fact that the constitution of Iran guarantees the right of everyone to choose their religious belief.

That a man in the 21st century is still in danger of getting killed for his belief is unbearable.