Egyptian court orders release of activist Amal Fathy

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Mohamed Lotfy (right) with his wife, the imprisoned activist Amal Fathy

Mohamed Lotfy (right) with his wife, the imprisoned activist Amal Fathy

A Cairo criminal court has ordered that Egyptian activist Amal Fathy, who was arrested on 11 May after posting a video criticising sexual harassment in Egypt, be released.

Rachael Jolley, editor of Index on Censorship magazine, said: “No one should face arbitrary detention for freely expressing their opinions, in this case about how she felt about being sexually harassed. These charges have never made sense. While we welcome the order to release Amal, she must now actually be freed and all charges against her dropped.”

Fathy stood accused of “belonging to a terrorist group”, “using a website to promote ideas calling for terrorist acts”, and “intentionally disseminating false news that could harm public security and interest”.

During her appeal session on 25 November, Fathy told the judge: “I am afraid to go out to streets alone, every time I walk in the street alone someone harasses me. Last time, my son was going to be kidnapped from my arms by a motorcycle rider in Mohandiseen area. I am afraid to get out of my house, but I had to get out that day.”

Fathy took a taxi to the bank and was sexually assaulted by the driver. A crowd gathered, but let the man go. “I was in a shock and tried to understand what just has happened,” she told the judge.

A police officer showed up at the scene. “I looked at him, he was opening his trousers’ zipper and saying to me come here and I will make you feel comfortable. I experienced another shock and started to shout and scream,” Fathy said. “I felt powerless and subjugated and that’s what I said in the video. I never felt safe as a woman in my country, and this is not the first time that this happens to me.”

Fathy’s husband Mohamed Lotfy said of the ruling: “I am delighted to inform you that today a Cairo Criminal court has accepted Amal Fathy’s appeal against her preventive detention and ordered her release on probation (in case 621 of 2018 state security prosecution). She should be released within the next few days and check in a couple of times every week at a police station. On 26 December she will appear in front of another Cairo Criminal court to (most probably) extend her period of probation in the same case. On 30 December, the Maadi Appeals Misdemeanor court will issue its verdict in the other case (case 7991 of 2018 Maadi Misdemeanors). Maadi Misdemeanor court gave her a 2 years prison sentence and a fine and bail to suspend the sentence until the appeals court issues its verdict. The bail and fine were paid and we are now awaiting the final verdict by the appeals court on 30 December.”

Doughty Street Chambers — along with ECRF and Index on Censorship — have worked together on this case by lodging complaints with the United Nations Special Rapporteurs on freedom of expression and the protection of human rights defenders. Additionally, they had an ongoing appeal against Egypt with the UN Working Group on Arbitrary Detention, which was being considered.[/vc_column_text][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1545208658227-39c5d90f-2d7b-3″ taxonomies=”25926″][/vc_column][/vc_row]

Amal Fathy’s “crime” was to speak out about the sexual abuse faced by so many women in Egypt

[vc_row][vc_column][vc_column_text]Activist Amal Fathy has been ordered detained. (Photo: Facebook)

Index on Censorship and international human rights lawyers at Doughty Street Chambers condemn the continued detention of Amal Fathy – an Egyptian activist who made a video about her experience of sexual harassment.

Fathy was arrested on 9 May 2018 and has spent 200 days in detention on charges of “spreading fake news”. On 29 September she was given a suspended sentence of two years in prison on these charges with a £430 fine. Although Fathy was granted release on bail she remains in detention over further charges of “belonging to a terrorist group”, “using a website to promote ideas calling for terrorist acts”, and “intentionally disseminating false news that could harm public security and interest”.

She will appear in court on these charges on Sunday 25 November 2018.

“It is appalling that Amal Fathy remains in detention. Her ‘crime’ has been to speak out publicly about the sexual abuse faced by so many women in Egypt and she should be released immediately,” said Index on Censorship CEO Jodie Ginsberg.

Caoilfhionn Gallagher QC of Doughty Street Chambers said: “Amal Fathy has now been detained arbitrarily for 200 days, in unsanitary and unsafe conditions, without meaningful access to her lawyers, and away from her family and young son. She spoke out about the rights of women; now the Egyptian authorities are silencing her by holding her in prison for months on end, with no proper legal basis. The international community must now condemn Egypt’s flagrant breaches of her basic rights to liberty, due process and dignity.”

Fathy was initially arrested with her husband Mohamed Lotfy, and their two-year-old son. Their Cairo apartment was raided and searched. Lotfy, who leads the Index on Censorship Freedom of Expression Award-winning Egyptian Commission for Rights and Freedoms, which coordinates campaigns for those who have been tortured or disappeared, was later released.

Speaking ahead of Sunday’s hearing, Lotfy said: “The crackdown by the authorities on political dissidents and critical voices in Egypt spreads fear among society and violates the basic rights of freedom of expression. The authorities stick the label of ‘terrorist’ to those who peacefully express critical opinion regardless of the topic — political, social, economic, religious, or even on sport — using anti-terrorism legislation to prosecute and detain holders of such opinions. Not only this is a violation of the right to freedom of expression, but it is also counter-productive in the fight against terrorism. Amal Fathy is a blatant example of this confusion. She is a kind, peaceful and loving person, who suffered from sexual harassment and spoke out against it. She found herself accused of terrorism and detained now for six months.”

After months of pre-trial detention, Fathy’s first court hearing was on 11 August.

Fathy suffers from mental ill health, which has been severely exacerbated by her detention.

On 23 May 2018 Doughty Street Chambers — along with ECRF and Index on Censorship — lodged a complaint with the United Nations Special Rapporteurs on freedom of expression and the protection of human rights defenders on behalf of Fathy and her family. The organisations asked the two Special Rapporteurs to:

  • gather, request, receive and exchange information and communications from the Egyptian Government in relation to this case;
  • publicly make concrete recommendations to the Egyptian authorities on their duty to adhere to their international obligations; and
  • issue an opinion finding that Egypt has failed to adhere to its own obligations, and violated the rights of the complainants, under international law.

On 24 July 2018 an appeal against Egypt was lodged by Doughty Street Chambers, jointly with ECRF and Index on Censorship, with another UN body, the Working Group on Arbitrary Detention. They have complained about Amal Fathy’s detention and called on the Working Group to issue a finding that her detention is arbitrary and in violation of Egypt’s obligations under international law, and to call for her immediate release, and to ask Egypt to investigate her unlawful detention and to award her compensation. The Working Group is considering the appeal.

Update: Amal Fathy’s trial has been postponed to 30 December.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1543231190492-716c3068-6e3a-2″ taxonomies=”25926″][/vc_column][/vc_row]

Egypt sentences Amal Fathy for video on sexual harassment

[vc_row][vc_column][vc_column_text]Index on Censorship condemns the sentence handed down to Amal Fathy – an Egyptian woman who made a video about her experience of sexual harassment.

Fathy, an actor and former activist, was given a suspended sentence of two years in prison and fined on charges of “spreading false news” after uploading a video to her Facebook account describing how she was sexually harassed during a visit to her bank.

Two days after the post, Egyptian security forces raided her home and arrested Fathy along with her husband and young son.

Fathy, whose husband Mohamed Lotfy is co-founder of the Egyptian Commission for Rights and Freedoms (ECRF), faces a second trial in which she is accused of being a member of a terrorist organisation.

“This sends a terrifying message to young women in Egypt: speak about abuse and you’ll be the one imprisoned, not your abuser,” said Index on Censorship chief executive Jodie Ginsberg. “Index, along with international human rights lawyers Doughty Street Chambers and ECRF – the 2018 Index on Censorship Freedom of Expression Awards fellow for campaigning – have lodged complaints about Amal Fathy’s treatment with the UN rapporteurs on freedom of expression and human rights defenders, as well as the UN working group on arbitrary detention.”[/vc_column_text][vc_basic_grid post_type=”post” max_items=”12″ element_width=”6″ grid_id=”vc_gid:1538397460495-cbacd412-d443-9″ taxonomies=”147, 25926, 24135″][/vc_column][/vc_row]

Egypt: “People are being hunted because of what they say on social media”

[vc_row][vc_column][vc_single_image image=”99932″ img_size=”full” add_caption=”yes”][vc_column_text]There was never any illusion that Egypt’s 2018 election would either be free or fair. The result was always going to mean a return to power for President Abdel Fattah el-Sisi. And with a Sisi emboldened by victory, the human rights violations that followed were equally as predictable.

“It’s a lot more difficult these days,” Ahmad Abdallah, head of the board of trustees of the Cairo-based Egyptian Commission for Rights and Freedoms, winner of the 2018 Index on Censorship Freedom of Expression Award for Campaigning, tells Index. “Since the election we’ve seen a lot of arrests of political activists and human rights defenders, along with bloggers and journalists.”

On 21 May Haytham Mohamadeen, a lawyer and labour rights defender, who offers pro-bono legal aid to workers, was arrested pending investigation on charges of “aiding a terrorist organisation” and “calling for illegal protests”. Members of the opposition were arrested, including former diplomat Maasoum Marzouk, who, along with six other opposition figures, was arrested in Cairo ahead of planned anti-government protests. They were accused of “aiding a terrorist group” and “participating in a criminal agreement with the purpose of committing a terrorist crime”.

“Lots of people are now being detained who wouldn’t have previously been detained, including former supporters of Sisi,” Abdallah says.

The arrests have also hit quite close to home for ECRF. In May Amal Fathy, an activist and wife of a co-founder of the organisation, Mohamed Lotfy, was arrested along with her husband and two-year-old son in the middle of the night for a video she posted to Facebook criticising sexual harassment, of which she herself is a victim.

While Lofty and their son were soon released, Fathy was charged with crimes that include membership in a terrorist organisation, calling for terrorist acts and spreading false news that “damages the public order and harms national security”.

“Amal was ill even before jail, but her imprisonment has only made her medical situation worse,”  Abdallah says. “We cannot provide her with the medications she needs while in jail, so day after day her situation is getting worse. And for what? She has done nothing — nothing at all. She simply expressed herself, and we are now unfortunately seeing what happens when someone speaks out.”

Abdallah can see firsthand that Lofty and their son are suffering also. “Lofty is usually the most active person, a spark of hope for everyone, but you can see how Amal’s detention has affected him because they are soul mates,” he says. “But Lofty is strong — he will get through this dark period.”

Index, in partnership with Doughty Street Chambers, have helped with Fathy’s case and have filed complaints to the United Nations Working Group on Arbitrary Detention and to the UN rapporteurs on freedom of expression and human rights defenders, which Abdallah says has been very helpful.

“We’ve expected a lot from Doughty Street and they have done a lot,” he says. “They’ve been absolutely great in their work for Amal, and she is happy with it; even though they don’t know her personally, it gives her hope and strength in prison.”

On Saturday 29 September, a court gave Fathy a two-year-suspended sentence and a fine for “spreading fake news”. The court also fined her 10,000 Egyptian pounds (£430). According to Reuters, her lawyer said she would appeal the verdict.

The Egyptian activist Haitham Mohamedeen, who works as a lawyer with ECRF, was also arrested in May in the wave of arrests targeting activists, but Abdallah explains this had more to do with his campaigning as a revolutionary socialists. Many ordinary citizens have also been caught up in the arrests, but these can receive much less attention as they don’t involve someone with an already high profile.

“We have even seen cases from non-Egyptians, one of whom is Lebanese citizen Mona el-Mazboh, who made a video criticising sexual harassment in Egypt,” Abdallah says. “She’s not an activist, she’s not connected to Egyptian activists, whether political or human rights defenders, and she’s been sentenced for several years.”

El-Mazboh was subsequently released after she was given a one-year suspended sentence.

In July Egypt’s parliament passed new a law giving the state powers to block social media accounts. Social media sites with more than 5,000 users are now classified as media outlets and users can be penalised for spreading fake news or incitement to break the law. The vague law, which Sisi says is designed to uphold freedom of expression, also prohibits journalists from filming in certain places.

“Unfortunately, in a legal framework, what the government is doing is illegal,” Abdallah says. “People are being hunted because of what they say on social media.”

ECRF has recorded 1,520 cases of enforced disappearances between 2013 until August 2018. Virtually all those who reappeared have been tortured in total impunity. Abdallah explains how these shocking numbers alone aren’t always enough to pique the interest of other members of society. “People are actually paying more attention now because the economic situation is getting worse, which is affecting their everyday life,” he says. “They are coming at it from the perspective of social and economic grievances — which of course we don’t have — not from a concern for human rights.”

With subsidies being lifted and wages stagnating, ordinary people are suffering. “Even those Egyptians with no interest in politics can see the situation is not going well,” Abdallah says.

Getting the attention of the international community is an even greater challenge. “This is because so few human rights defenders are free to speak to the press, and many have been detained,” he explains “Self-censorship is a problem among a lot of activists because everyone who is willing to speak ends up in jail.”

For Abdallah, international solidarity is a must because the situation Egypt finds itself in is identical to so many around the world. “All human rights violations affects us,” he says. “Look at the crisis in Syria, which led to a wave of migration to Europe, which has led to more restrictions — it’s all interconnected.”

“It’s very important to be connected to these activists, and learn from their experiences. It provides a seed for future work, so we can help each other.”[/vc_column_text][vc_raw_html]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[/vc_raw_html][vc_row_inner][vc_column_inner width=”1/4″][vc_column_text]

Awards Fellowship

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Index works with the winners of the Freedom of Expression Awards Fellowship to help them achieve goals through a 12-month programme of capacity building, coaching and strategic support.

Through the fellowships, Index seeks to maximise the impact and sustainability of voices at the forefront of pushing back censorship worldwide.

Learn more about the Freedom of Expression Awards Fellowship.[/vc_column_text][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1538379443908-9f9e78a4-e26d-2″ taxonomies=”24135″][/vc_column][/vc_row]