CALL FOR THE IMMEDIATE RELEASE OF ASHRAF IBRAHIM: SENDING INFORMATION TO HUMAN RIGHTS ORGANIZATIONS IS NOT A CRIME

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September 18, 2024

Ashraf Ibrahim, a 35-year old Egyptian political activist, was taken into detention on April 19, 2025 after voluntarily turning himself in to state security investigators for questioning. He was held without charge for almost five months until August 10, 2003 when he was charged with seeking to overthrow the government and with disseminating false information abroad harmful to Egypt’s interests. These charges are related to his non-violent activities participating in political protests against the war in Iraq, and in particular to his gathering information about mass arrests of hundreds of people and other repressive measures taken by the government in the aftermath of demonstrations in Cairo in March 2003, against the war. His prosecution on serious charges that carry up to a fifteen year prison term has alarmed independent political activists in Egypt, who see this as another example of the Egyptian courts being used to stifle peaceful dissent. Human rights organizations are especially concerned because the official charge sheet refers to sending information to “foreign human rights organizations” as a crime.

Mr. Ibrahim is accused along with four co-defendants of leading a revolutionary socialist group, intent on establishing a communist government in Egypt. According to his lawyers, Mr. Ibrahim was never questioned about this most serious charge during his formal appearances before the prosecutor to extend his pre-trial detention. While none of his co-defendants are in custody, he presented himself to state security investigators on April 19, after his home was searched and documents and his computer were confiscated. During interrogation, state security investigators questioned him about his participation in the demonstrations held in March against the war in Iraq, as well as about information he had downloaded from the internet from human rights organizations and the al-Jazeera website, and his possession of an article from the The Economist magazine that was banned in Egypt because of its reference to corruption among senior government officials. On August 10, his case was referred to a Higher Emergency State Security Court on charges under articles 80(d) and 86 of the Penal Code, very broadly worded pieces of legislation that potentially transform many forms of peaceful dissent into criminal acts. While all five defendants are accused under the first charge of belonging to an organization seeking to overthrow the government, only Mr. Ibrahim is accused of disseminating false information abroad. His trial, along with that of his co-defendants, is scheduled to begin on December 16, 2003.

The Lawyers Committee for Human Rights is extremely concerned by these charges, and their implications for basic rights and freedoms in Egypt. Particularly troubling is the accusation that Mr. Ibrahim sought to “propagate false information abroad” and to “weaken the state’s position” by communicating with foreign human rights organizations. This charge, which is similar to one brought against prominent human rights activist Saad Eddin Ibrahim in 2000, is a blatant violation of the right to freedom of expression and of the right and responsibility of all persons to promote and protect human rights. Saad Eddin Ibrahim was acquitted by the Court of Cassation, in March 2003, [See Lawyers Committee Media Alert, March 18, 2025] and it is disturbing that despite this ruling by Egypt’s highest court, similar charges are again being made against a non-violent government critic.

The arrest and detention of Mr. Ibrahim violates international human rights standards. Under the International Covenant of Civil and Political Rights and the African Charter on Human and Peoples’ Rights, to which Egypt is a party, all persons have the rights to freedom of expression and association. Moreover, the right to promote human rights, to obtain information about human rights and to discuss and draw public attention to the observance or violation of human rights is protected by the UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, of 1998. The Declaration also provides that individuals should be protected from any form of retaliation for their work to promote human rights.

In addition, the referral of the case to trial by an emergency court means that Ashraf Ibrahim and his co-defendants will not receive a fair trial. The use of special state security courts in Egypt, promulgated under longstanding emergency legislation, has been repeatedly criticized by local and international human rights organizations, as well as by the United States government and various United Nations bodies. The fairness of the procedures operated by such courts and their independence from the government has often been called into question. The right to a fair trial by an independent and impartial tribunal, affording basic due process guarantees, is a fundamental human right recognized in numerous international treaties and instruments.

Following substantial international pressure, partly generated by concern over the trials of Saad Eddin Ibrahim in 2001 and 2002 and his subsequent acquittal, the Egyptian government abolished one type of emergency court, established under Law 108 of 1980. At the time, opposition parliamentarians and human rights activists pointed out that this change in the government’s emergency powers was mainly cosmetic because the government would retain the power to bypass the normal court system through the use of emergency courts established under Law 162 of 1958 in cases of its choosing. On June 17, 2003, Minister of Justice Farouq Seif al Nasr promised members of parliament that emergency courts would not be used to try political dissidents, rather they would only be used to prosecute “five dangerous crimes.” These crimes were: terrorism, theft of public money, internal or external espionage against Egypt and illegal possession of explosives. By prosecuting Ashraf Ibrahim in an emergency court the government is breaking the promise it made to parliament less than two months previously, to limit the use of the emergency court system to specific crimes.


RECOMMENDED ACTION

Please write to President Hosni Mubarak, demanding the immediate release of Ashraf Ibrahim and the dropping of all charges against him and his co-defendants. Remind President Mubarak of Egypt’s obligations under the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights, including its obligations to ensure freedom of expression and the right to a fair trial. Emphasize the importance of the work of human rights activists for the strengthening of democracy and the rule of law and remind the President of the 1998 UN Declaration on Human Rights Defenders, which lays out the protections to be afforded to human rights defenders and the need for their work to be promoted.

Should you require more information, please contact Kristin Flood (212 845 5298, FloodK@lchr.org).

More Information on Human Rights in Egypt:

Please send your letters to:

President Hosni Mubarak
c/o. Ambassador Nabil Fahmy
The Embassy of the Arab Republic of Egypt
3521 International Ct. NW
Washington DC 20008
Fax: (202) 244 5131

Cc: Mr. Farouq Seif al Nasr
Minister of Justice
c/o. Ambassador Nabil Fahmy
The Embassy of the Arab Republic of Egypt
3521 International Ct. NW
Washington DC 20008
Fax: (202) 244 5131

and

Ambassador C. David Welch
American Embassy Cairo
5 Latin America St.
Garden City
Cairo, Egypt
Fax: +20 2 797 3200

******************************************************

Dear President Mubarak,

I am extremely concerned by reports that Ashraf Ibrahim, a 35-year old Egyptian political activist who has been in detention since April 19, 2003, will be tried by a Higher Emergency State Security Court on charges under articles 80(d) and 86 of the Penal Code. These charges and the use of the emergency court in this case seem like yet another attempt to silence dissent and intimidate human rights defenders in Egypt.

Ashraf Ibrahim was held without charge for almost five months until August 10, 2003 when he was charged with seeking to overthrow the government and with disseminating false information abroad harmful to Egypt’s interests. These charges are related to his non-violent activities participating in political protests against the war in Iraq, and in particular to his gathering information about mass arrests of hundreds of people and other measures taken by the government in the aftermath of demonstrations in Cairo in March 2003, against the war.

Mr. Ibrahim is accused along with four co-defendants of leading a revolutionary socialist group, intent on establishing a communist government in Egypt. According to his lawyers, he was never questioned about this most serious charge during his formal appearances before the prosecutor to extend his pre-trial detention. During interrogation, state security investigators questioned him about his participation in the demonstrations held in March against the war in Iraq, as well as about information he had downloaded from the internet from human rights organizations and the al-Jazeera website, and his possession of an article from the The Economist magazine. On August 10, his case was referred to a Higher Emergency State Security Court on charges under articles 80(d) and 86 of the Penal Code. While all five defendants are accused under the first charge of belonging to an organization seeking to overthrow the government, only Mr. Ibrahim is accused of disseminating false information abroad. His trial, along with that of his co-defendants, is scheduled to begin on December 16, 2003.

Particularly troubling is the accusation that Mr. Ibrahim sought to “propagate false information abroad” and to “weaken the state’s position” by communicating with foreign human rights organizations. This charge, which is similar to one brought against prominent human rights activist Saad Eddin Ibrahim in 2000, is a blatant violation of the right to freedom of expression and of the right and responsibility of all persons to promote and protect human rights. The arrest and detention of Mr. Ibrahim violates international human rights standards. Under the International Covenant of Civil and Political Rights and the African Charter on Human and Peoples’ Rights, to which Egypt is a party, all persons have the rights to freedom of expression and association. Moreover, the right to promote human rights, to obtain information about human rights and to discuss and draw public attention to the observance or violation of human rights is protected by the UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, of 1998. The Declaration also provides that individuals should be protected from any form of retaliation for their work to promote human rights.

I am also very concerned that the referral of this case to trial by an emergency court means that Ashraf Ibrahim and his co-defendants will not receive a fair trial. As you are aware, the use of special state security courts in Egypt has been repeatedly criticized by local and international human rights organizations, as well as by the United States government and various United Nations bodies. The fairness of the procedures operated by such courts and their independence from the government has often been called into question. The right to a fair trial by an independent and impartial tribunal, affording basic due process guarantees, is a fundamental human right recognized in numerous international treaties and instruments. Moreover, in June of this year, the Minister of Justice assured members of parliament that emergency courts would not be used to try political dissidents, rather they would only be used to prosecute “five dangerous crimes.”

I therefore call upon you to ensure the immediate release of Ashraf Ibhrahim from detention and the dropping of all charges against him and his co-defendants. Collecting information about human rights violations and sending it to concerned organizations is not a crime, activists who engage in such activities, like Mr. Ibrahim, should be protected by your government rather than subjected to retaliation and intimidation.

Sincerely,