AAAS Scientific Responsibility, Human Rights and Law Program

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AAAS Human Rights Action Network

FACTS OF THE CASE:

AAAS is concerned about two scientists and an engineer arrested by Egyptian authorities with nine others in April 1996. They have been accused of founding an illegal political party, al Wasat.

Dr. Mahmoud Ahmad al-'Arini, Dean of the Sciences Faculty at the University of Cairo; Dr. 'Abd al-Hamid al-Ghazali, lecturer at the faculty of economics and political science; and Dr. Issam Hashish, lecturer in the faculty of engineering are currently being tried before a military court. Other professors, similarly accused, have been tried in military courts, which do not provide the safeguards of a civilian court. Referral of political cases to military courts is permitted under Egyptian Law by a special presidential decree. However, the referral of cases involving the government's peaceful opponents is a relatively new strategy, reported for the first time in 1995.

The Egyptian government uses its broad detention powers provided under emergency laws, to imprison its political opponents. The prosecution of these individuals for the creation of a political party constitutes a serious violation of Egyptian Law, as well as fundamental human rights enumerated in the Universal Declaration of Human Rights (adopted by the United Nations without opposition in 1948; the International Covenant on Civil and Political Rights (ratified by Egypt on 14 January 1982); and the African Charter on Human and Peoples' Rights (ratified by Egypt on 3 April 1984).

Under Egyptian Law No. 40/1977, the right of every Egyptian to establish and join a political party is recognized.

Under the Universal Declaration of Human Rights and the International Covenant of Civil and Political Rights:

• Everyone has the right to life, liberty, and security of the person (Article 3 UDHR)(Article 9 IICPR);
• No one shall be subjected to arbitrary arrest, detention or exile (Article 9 UDHR)(Article 9 IICPR);
• Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal...(Article 10 UDHR) (Article 14 IICPR);
• Everyone has the right to freedom of opinion and expression... (Article 19 UDHR) (Article 19 IICPR);
• freedom of peaceful assembly and freedom of association (Article 20 UDHR)(Article 21 IICPR).

Under the African Charter on Human and Peoples' Rights:

• Every individual shall have the right to liberty and security of his person...(Article 6);
• Every individual shall have the right to express and disseminate his opinions (Article 9):
• Every individual shall have the right to free association...(Article 10);

(Source of information on this case is Amnesty International and Human Rights Watch.)

RECOMMENDED ACTION:

Please send faxes, telegrams or airmail letters:

• calling on the Egyptian government to drop the charges against them;
• requesting their immediate and unconditional release if they are held solely for their non-violent political activity;
• urging the Egyptian government to provide them with a fair trial before a civilian court; and
• calling on the Egyptian government to respect the international agreements that they have ratified.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

H.E.Muhammad Hosni Mubarak
President of the Arab Republic of Egypt
'Abedine Palace
Cairo, Egypt
Fax: +20.2.937.94



Mrs. Nayla Gabr
The Human Rights Department
Ministry of Foreign Affairs
Corniche al-Nil
Cairo, Egypt
Fax: + 20.2.723.173



General Hassan al-Alfy
Minister of the Interior
Al-Sheik Rihan Street
Bab al-Louk
Cairo, Egypt
Fax: + 20.2.356.4906

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