The Observatory has been informed by reliable sources about the judicial harassment of Mr. Bahey el-Din Hassan, Director of the Cairo Institute for Human Rights Studies (CIHRS).
According to information received, Mr. Bahey el-Din Hassan recently learned of the three-year prison sentence and 20,000 EGP fine (approximately 1,188 Euros) that were handed down against him in the politically-motivated case No. 5530 of 2019. The sentence was issued in absentia by Cairo Felony Court circuit 30, on September 19, 2019. He was sentenced on charges of “insulting the judicial authority” (Article 184 of the Penal Code), “insulting a public official or a person holding a public representative quality” (Article 185), as well as “deliberately spread news that disturbs public security or is liable to” and “publishing, with ill will, false news that disturbs public peace and causes harm and damage to public interest” (Articles 102 bis and 188).
The charges stemmed from a comment Mr. Bahey el-Din Hassan published on Twitter in March 2018, in which he criticised the Public Prosecution’s abandonment of its role in defending citizens, instead siding with the State and its security apparatus against citizens[1]. Following an anonymous complaint, the Public Prosecution opened an inquiry that lasted over 15 months; and the case was referred to trial in June 2019.
The Observatory notes that Mr. Bahey el-Din Hassan’s sentence is in violation of Article 71 of Egypt’s Constitution, which prohibits prison sentences for publication crimes. Mr. Hassan cannot appeal the ruling, as he is in exile and cannot return to Egypt to attend court hearings: he would face arrest upon arrival due to this case and possibly other cases that he has no knowledge of, as well as clear risks on his life due to repeated media incitement to kill him[2].
The Observatory condemns the judicial harassment of Mr. Bahey el-Din Hassan, which seems to be only aimed at punishing him for his legitimate human rights activities and his exercise of freedom of expression.
The Observatory calls on the Egyptian authorities to immediately and unconditionally put an end to any act of harassment, including at the judicial level, against Mr. Bahey el-Din Hassan and all the Egyptian human rights defenders.
How You Can Help
Please write to the authorities of Egypt asking them to:
- Put an end to all forms of harassment, including at the judicial level, against Mr. Bahey el-Din Hassan and all Egyptian human rights defenders, and ensure they are able to carry out their legitimate activities without any hindrance or fear of reprisals;
- Carry out a transparent, impartial, immediate and thorough investigation into the above-mentioned allegations of repeated incitement to kill Mr. Hassan in government-controlled media, in order to identify all those responsible, bring them before an independent tribunal, sanction them as provided by the law and provide Mr. Hassan with effective remedies;
- Guarantee the physical and psychological well-being of all human rights defenders in Egypt in all circumstances;
- Conform to the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, in particular with Articles 1, and 12.2;
- Ensure respect for human rights and fundamental freedoms in all circumstances, in accordance with international human rights standards and international instruments to which Egypt is a State party.
