Egypt

Cairo, 9^th April 2008

ACIJLP appeals to the Egyptian authorities to release the persons accused of taking strike action and gathering in observance of Egypt’s international obligations and commitments

The Arab Center for the Independence of the Judiciary and Legal Profession (ACIJLP), expresses its deep concern about the large numbers of arrests of Egyptian nationals, as a result of the 6^th of April strike in 2008.

What increases ACIJLP’s concern is the arrest of many citizens in Mahala, Cairo and Alexandria, the day before April 6^th, without being charged and without submission to a judicial mandate, which is regarded as a violation of the Constitution and the Egyptian Criminal Procedures Code.

Following the events of April 6^th, more than 320 citizens of the city of Mahalla alone have been arrested. The prosecutors investigated 181 of them in the morning of April 8^th and postponed the investigation with 140 to the evening of the same day, the public prosecution office’s decision remains unknown.

ACIJLP expresses its concern about the number of persons arrested and high rates of these arrests, in addition to the number of charges made by the Public Prosecutor against the defendants.

Furthermore, the Centre expresses its concerns as the public prosecution charged the defendants with “joining the crowds of more than five persons” under Act 10 of in 1914, which brings to mind the emergency law in its worst forms, in view of the circumstances of the issuance of this law.

ACIJLP sees that the law has been abrogated when Egypt ratified the International Covenant on Civil and Political Rights on January 14^th 1982 and entered into force on April 15 of the same year, in which article (21) stipulates that "The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.”.

ACIJLP points out that the right to strike is protected by the text of article VIII of the International Covenant on Economic, Social and Cultural Rights, to which Egypt has acceded in 1982. The Egyptian judiciary has implemented this right in its judgments based on Egypt's international commitments and obligations.

In addition, the Centre appeals to the concerned authorities to immediately release the defendants and to ensure their physical safety during detention, and their appearance before the judicial authorities concerned. And also to ensure that they contact their relatives and their lawyers until their release, in conformity with Egypt's obligations and commitments.

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