Violent eviction from land, illegal arrest and detention, official hostage taking, violence against women, detention of children and unfair trial

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention concerning the following situation in Egypt.

Brief description of the situation:

The International Secretariat of OMCT has received with concern information from reliable sources concerning violent eviction from land of Egyptian farmers, false charges against farmers, the holding of farmers wives as hostages, the arrest of children and the immanent trial of several persons, including women, on fabricated charges.

Twenty three farmers are reportedly being detained waiting trail before Damanhour court on the 19th of June 2006 as a result of the violent invasion of their land described below. Further, it is reported that wives of farmers are still being held hostage by police to force their husbands to surrender.

Sarando village:

Farmers from Sarando village state that on 5/3/2005, about 50 bullies ? acting under the orders of a person claiming ownership of their land - attacked the village. They were riding four armored cars, one minibus, five jeeps and five tractors, carrying firearms and swords. They intended on plowing the farmers’ lands where they had planted wheat. The men fired shots at the farmers, and then a clash took place between them, which resulted in the injuring of dozens of men from both sides. The rumor was spread that “Alaa’a Mohamed Abdel Wahab Nawwar” had died as a result of his injury. The clash has resulted in the burning of three tractors and two cars, and the situation is reportedly still very dangerous inside the village and in the surrounding villages.

After that, the police forces went to the village and randomly arrested the following women (some women are reportedly still detained in Damanhour police station without any legal justification):

1. Ranya Samir El Sabbagh.

2. Rashida El Gizawy.

3. Ne’ma Hafez Abo Tolba.

4. Zahia El Agrab.

5. Samah Abdel Hamid El Garf.

6. Farhana Hafez.

7. El Sayeda Mohamed El Attar.

8. Rasm Ahmed Khallaf.

9. Zahra Saeed Abo El Ela.

10. Seham Saeed Abo El Ela.

11. Khadra Mohamed Zaki.

12. Aziza Mansour El Feqy.

13. Howaida Mohamed Mahmoud El Feqy.

The police forces have also arrested the following children:

1. El Khadra Mohamed Zaki (9 years old).

2. Fatma Saleh El Shenawy (5 years old).

3. Somaya Saleh El Shenawy (2 years old).

4. Ahmed Ibrahim (5 years old).

5. Mohamed Ibrahim (2 years old).

The villagers, in testimonies given to the Land Center for Human Rights (LCHR), state that the police forces tied two women by their hair in addition to tying their hands, that they were arrested, put inside police cars and transported to Damanhour police station.

The village farmers fled after these arrest, assault and humiliation waves, leaving their women and children facing their fate with the security men in the village. Some of the officials in El Behira province have confirmed that the women will not be released - according to the agreement with the chief of police and the policemen in the district - unless some of the following persons wanted turn themselves in to Damanhour police station:

1. Abdel Razek Abdel Razek Abo El Ela (35 years old).

2. Mohamed Adallah El Gizawy (26 years old).

3. Gameel Abdel Men’em Gameel (28 years old).

4. Naser Abdel Gawad Aamer (28 years old).

5. Azmy Abdel Gawad Abo Zeid (23 years old).

6. Mustafa Abdel Hamid El Garf (45 years old).

7. Mohamed Ragab El Sayed (45 years old).

8. Karam Mohamed Hesein El Feqy (28 years old).

9. Abo Taleb Abdallah Ab Zeid (29 years old).

10. Mohamed Addel Aziz (a lawyer in the freedom committee at the lawyers’ syndicate in El Behira).

The chief of police completed fake minutes of the interrogations without any of the farmers accused being present; the minutes were then transferred to the prosecutor. He stated that it was enough if at least 5 of these farmers turned in themselves in order to release the women and children (according to villagers’ testimonies to the LCHR).

The situation reportedly is still very problematic inside the village; no one is there but women and children, and the central security cars and policemen are spread all over the village searching for the escaping men. This situation will result in pernicious consequences and needs quick intervention by the officials in the district, the Ministry of the Interior and the General Prosecutor to protect the families and guarantee farmers’ rights to personal safety and social insurance in the village.

Also, the farmers’ complaints to LCHR state that in dawn of Friday 4/3/2005, the police forces in El Behira province had attacked the village and arrested dozens of farmers including women, and, according to reports, are still detained without any legal justification, under the accusation that some of the farmers had prevented the ownership claimer from going to his land and taking over his possession. The security forces attacked houses, broke doors and detained the following 7 farmers for interrogation concerning these charges:

1. Hamdy Mustafa El Hosary.

2. Ibrahim Mohamed Abdel Magid Abo Kalila.

3. Mohamed Abdel Hamid El Gorf.

4. Abdel Hamid Ahmed Khallaf.

5. Khamees Mohamed Hesien.

6. Mohamed Ramadan Hashem.

7. Mohamed Mahmoud El Feqy.

They have been presented to Damanhour prosecutor, case no. 2825 for the year 2005, Damanhour misdemeanor. Farmers have confirmed that the police forces have arrested them from their bedrooms and did not even wait for them to get dressed. All of the farmers were charged with trespassing the property and stealing the crops of Salah Nawwar and preventing him from accessing his land by force. They have also been charged with weapon possession to frighten people and endanger their safety.

The Constitutional Court has decided that the farmers have the legal right to own their land. The above charges are put forward to prevent the farmers from demanding ownership of their the lands in implementation of the Constitutional Court’s decision. LCHR has previously issued 2 publications clarifying the dimensions of the land ownership problems in Sarando village during 12/1/2005 - 6/2/2005.

Background:

The cases described above are part of an ongoing and long term pattern of violations of the rights of farmers in Egypt. The Egyptian countryside has been witnessing extremely violent events because of the deterioration of farmers’ economic and social conditions as a result of implementing the agrarian reform policies stated in "the amendment of the law that organizes the relation between landlords and tenants no. 96 for the year 1992", which has led to the eviction of farmers from their lands.

Besides the conflict and social violence among farmers, state institutions such as the police and the Ministry of Agriculture through their employees in the different governorates, practice direct and indirect violence against farmers that lead to the mistreatment and imprisonment of hundreds of farmers without any legal justification. Statistics from the year 2005 show the size of these violent events: 116 incidents have been reported. Most of them were disputes over land, which included the violation of farmers’ rights to personal safety, freedom of movement, gathering etc., attacks on their homes and lands and burning their crops. Dozens of farmers have left their villages in fear of the arbitrary procedures practiced against them by police forces. Police has used collective punishment policies such as imprisoning dozens of women and children, demolishing farmers’ properties and making up cases against them.

Requested action:

Please write to the authorities in Egypt requesting them to:

i. ensure the physical and psychological integrity of all the above mentioned persons.

ii. order the immediate release of these detained persons in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;

iii. order a thorough and impartial investigation into these events, in order to identify all those responsible, bring them to trial and apply to them the civil, penal and/or administrative sanctions provided by law;

iv. restore the land to the farmers and compensate them for their losses;

v. compensate the victims fully;

vi. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses:

• President of the Arab Republic of Egypt, His Excellency Mohammad Hosni Mubarak, Abedine Palace, Cairo, Egypt, E-mail: webmaster@presidency.gov.eg, Fax:+202 390 1998
  
• Minister of the Interior, His Excellency General Habib al-Adeli, Ministry of the Interior, Al-Sheikh Rihan Street, Bab al-Louk, Cairo, Egypt, E-mail: moi@idsc.gov.eg, Fax: +202 579 2031
  
• Minister of Justice, His Excellency Mr Mahmoud Abu El Lial Rashed, Ministry of Justice, Midan Lazoghly, Cairo, Egypt, E-mail: mojeb@idsc.gov.eg, Fax: +202 795 8103
  
• Public Prosecutor, Counsellor Maher 'Abd al-Wahid, Dar al-Qadha al-'Ali, Ramses Street, Cairo, Egypt, Fax: +202 577 4716
  
• Ambassadeur Gabr, Naela, Av. Blanc 49 (2eme), CH-1202, Geneve, Suisse, e-mail: mission.egypt@ties.itu.int, fax: +4122 738 44 15
  

Please also write to the embassies of Egypt in your respective country.

Geneva, 13 June 2006.