Death Sentences after Unfair Trials

Three Egyptian men are facing a death sentences after being convicted of involvement in the 2004 Taba bombings in which at least 34 people were killed and many more injured. Amnesty International doesn't know if Muhammed Gayiz Sabbah, Usama ‘Abd al-Ghani
al-Nakhlawi and Yunis Muhammed Abu Gareer were involved in the bombings. It does, however, know that they face execution after an unfair trial before a special court and that their convictions are based on “confessions” extracted under torture. If the Egyptian state does execute these men, it will have arbitrarily deprived them of their right to life and violated international law.

Why does Amnesty International get involved in these cases? Because these men were condemned after unfair proceedings; tortured; denied justice by State of Emergency provisions; and because the death penalty is the ultimate in the denial of the right to life and cruel and unusual punishment. These are the core human rights violations in Egypt -- they affect not just people accused of crimes against the nation's security, but against all Egyptian citizens. We can not attack human rights violations and be blind to those abuses that occur, according to the state, in the name of national security.

Please write to the Egyptian authorities calling on them
to:
 Halt the executions of Muhammed Gayiz Sabbah, Usama ‘Abd al-Ghani al-Nakhlawi and Yunis
Muhammed Abu Gareer, who were sentenced to death after a grossly unfair trial.
 Ensure that all those convicted in this case are retried before an ordinary criminal court in proceedings that meet international fair trial standards, including the right to appeal.
 Order a thorough and impartial investigation into all allegations of torture and other ill-treatment, bring to justice those responsible for any abuses, and give full
reparation to the victims.
 Commute all death sentences and announce a moratorium on the death penalty with a view to abolition.

America, Egypt, Italy and the Kidnapping Business

The Middle East Times begins its report today with the line "America is in the kidnapping business." The line has shock value, but it's accuracy is getting harder to deny. All of this unfortunately is making the work of human rights activists in Egypt more difficult.

Three different events occurred this week to bring the kidnapping business into light. One, Amnesty International and a number of other HR organizations issued a joint statement citing evidence that 39 people had been "disappeared" by the CIA. It's not just terror suspects. Our documentation indicates that suspects' relatives, including wives and children as young as seven, have been held in secret detention.

Second, in Italy this week, a number of Italian intelligence agents and 26 CIA agents went on trial for the kidnapping of Egyptian national Abu Omar. Omar was taken to Egypt, held in detention for almost four years and tortured on several occasions before being released. Here's the BBC report on the first day of the trial.

Finally, today the European Union released its report on CIA jails in Europe. Investigators uncovered proof that jails in Poland and Romania held secret detainees outside of the legal system. Here's Amnesty's reponse to the report.

Together, the picture is painted of a system where individuals, both suspect and innocent, are subject to kidnapping and secret detention with no access to legal rights or to anyone outside of the prison for that fact. It's a system that has been tried in many places before, such as Egypt, and frankly I don't believe it's been all that effective, or at least any more effective than traditional and standard legal techniques. What is clear is that when it comes time to taking a stand against torture, against illegal and prolonged detention and against secret trials, a country that builds the system as described in these three reports doesn't have much credibility... or effectiveness.

Retribution for Torture Complaint?

A prominent Egyptian blogger is reporting that Ihabd Magdi Farouk, a 19-year-old Egyptian who is reporting that he was tortured by Egyptian police, was sentenced to three months in jail for mobile phone theft. Activists fear that the conviction was part of the police's efforts to force him to retract his allegation of torture. The police officers have been arrested and face a March 3 court date.

One thing that's interesting and different about this case is when police went looking for Farouk after he made the torture allegation, they detained family members in order to convince himself to turn himself in. This egregious behavior is not unheard of in Egypt, (see "Women Targeted by Association") but it violates all kinds of legal standards.

Here's a previous posting I made on this case.

Here's what the Egyptian blogger, 3arabawy, is writing about the update.

Rendition Case Released

An Egyptian who is at the heart of a CIA controversy in Italy was released by Egyptian officials after nearly three years in Egyptian detention. The BBC is reporting that Hassan Mustafa Osama Nasr ("Abu Omar") was now with his family. Click here for the BBC story. The Washington Post story adds that Abu Omar is considering a lawsuit against those involved in his kidnapping.

In mid-2004, Hassan Mustafa Osama Nasr was abducted on a street in Milan and allegedly driven to the US air base in Aviano, Italy, interrogated, drugged and taken to the US military base in Ramstein in Germany. From there he was flown to Egypt, where he was allegedly tortured, including with electric shocks. A year later, an Italian judge ordered 25 CIA officials to be indicted for involvement in the illegal rendition; however none have been arrested and are ever expected to be so.

The BBC story says Abu Omar continues to allege he was tortured while in detention. He was said to have been charged with membership in an illegal organization, but he never was convicted of anything while in detention.

Now that Abu Omar has been released, it's time to ask what did the United States gain from his rendition and torture? The world isn't any safer, but it is different. Reportedly, the rendition interrupted an ongoing Italian investigation into Abu Omar, which could have brought appropriate criminal charges against the cleric. But these days, waiting for legitimate judicial processes to do its work seems, well, quaint.

Later this month, the U.S. State Department will release its annual human rights report, which likely will criticize Egypt for its record of systematic torture. The HR report used to be something Egyptian activists looked forward to and something that brought angry condemnations from Egyptian officials. This year, reading the section on torture can only bring sadness to activists and laughter from the government officials; both will know the depths of U.S. complicity in the very abuses it criticizes.

It's hard to figure out whether to focus on moral concerns about rendition or the straight-forward political nuts-and-bolts aspects of the policy. On either end, the policy is a loser.

Click here to see a "Denounce Torture" Amnesty action on this case.

Police Officer Goes on Trial for Torture

A trial worth watching: an Egyptian police officer is going on trial for the torture and murder of the prisoner Mohammed Abdel Qader El Sayed.

The trial started last week -- Feb. 3, in Cairo Criminal Court. The defendant is State Security Investigation officer Captain Ashraf Mostafa Hussein Safwat.

As with many political Egyptian trials, the testimony lasted for only part of the day. The first day's testimony focused on evidence presented by the head forensic doctor, and then adjourned for three months to May 5, when the defense will present arguments.

For more on the case, click here.

This is an important trial because of the long history of impunity that has defined security officials and police's relationship with the use of torture. Amnesty International has noted a few cases such as this, in which officers were brought to trial, but generally these cases are marked by minor sentences that are not always carried out. The vast majority of torture allegations never receive any public investigation at all.

We can end torture. There isn't anything essential or inevitable about it. Amnesty has developed a 12-point program for the elimination of torture. Point 5 is independent investigation of torture allegations, and Point 8 is bringing torturers to justice. Egypt has traditionally done neither. Here's hoping this trial can provide momentum for changing that.

Why is Torture So Important?

Once again we are confronted with another serious allegation of torture in Egypt, one gaining the attention of human rights groups in Egypt. Here's a brief excerpt from a statement released Friday by a coalition of HR groups:

"As this statement is being written a number of policemen from Imbaba police station are present in Ihab Farouk's residence waiting for him to return. This development followed a night long interrogation of his father and wife, followed by taking his younger brother, Mohamed Magdi Farouk, hostage until this moment.

Less than 24 hours after the release of today's issue of the daily El Masry El Yom (Thursday, 1 February 2007) featuring the story of torture of citizen Ihabd Magdi Farouk, 19 years, at Imbaba police station, the police started looking for him at his residence. Not finding him there, they arrested his father and wife, took them to the same police station and interrogated them for 5 hours – from 2a.m. until 7 a.m. asking about the whereabouts of Ihab. Why do they want him? In order to settle some matters between him and some police sergeants, as claimed by the Imbaba police.

When Ihab did not show up the police arrested his younger brother, Mohamed Magdi Farouk, as hostage until the appearance of Ihab. At the same time a number of Imbaba police force remained at his residence waiting for his return."

I believe we always have to keep a focus on torture. I believe it is at the core of any system that abuses human rights. You can not improve a human rights situation without getting rid of torture; at the same time, ending torture brings significant improvements in a whole range of human rights abuses. Let me just count a few -- prolonged incommunicado or administrative detention, military and security courts, unfair trials in general, the death penalty, arrest of family members or friends of suspects and impunity for human rights abusers.

When you look at these abuses in Egypt in particular, you almost always find evidence of the presence of torture. The legal and political edifice created to facilitate torture and to protect torturers inevitably ends up being used in other violations.

When you hear debates, post-Abu Ghraib, about the necessity of the use of torture to fight "bad guys" or as Vice President Chaney allegedly said "to work the dark side a little bit," please remember that this is a path that always leads in places that we don't want to be.