A/HRC/45/36
submitted to the UN. In November 2017, the Working Group on Arbitrary Detention found
his detention arbitrary and requested the Government to ensure his immediate release. 38
According to information received, on 10 September 2019, the Cairo Criminal Court
ordered the provisional release of Dr. Amasha. Despite this decision, he remained in
detention at Damietta Prison until 4 October 2019, when he was released on bail and
required to report to the police station twice a week. It has been subsequently reported to
OHCHR that, in June 2020, Dr. Amasha was arrested by police officers and his fate and
whereabouts remained unknown. The case was brought to the attention of the Working
Group on Enforced or Involuntary Disappearances.
49.
The situation of Mr. Bahey El Din Hassan, of the Cairo Institute for Human Rights
Studies, was included in the 2019 report of the Secretary-General (A/HRC/42/30, Annex II,
para. 50) on allegations of criminal charges, travel ban and assets freeze for his cooperation
with the UN (EGY 16/2017). Mr. El Din Hassan reportedly continues to face attacks,
harassment and death threats resulting from his sustained engagement with UN. On 19
September 2019, he was sentenced in absentia to three years in prison, as well as given a
fine of LE 20,000 (USD 1,200) by the Cairo Felony Court (Case No. 5530/2019) related to
a Twitter commentary he posted related to the Public Prosecution. His legal representatives
filed a motion to the Public Prosecutor calling for threats that constitute incitement to
murder to be investigated, on which reportedly no action has been taken.
50.
Egyptian legislation impacting individual and civil society groups’ ability to
cooperate with the UN was addressed by multiple UN actors and included in the 2017
(A/HRC/36/31, para. 32 and Annex I, para. 33), 2018 (A/HRC/39/41, Annex I, paras. 19,
22) and 2019 (A/HRC/42/30, Annex II, paras. 48–50) reports of the Secretary-General. The
subsequent passing of a new law in August 2019 (Law 149/2019 on Regulating Activities
of Nongovernmental Organizations) similarly restricts foreign funding and cooperation
with foreign entities (articles 14, 19, 27, and 48) and continues to raise concerns with
regard to international participation.
51.
It was further reported that as a consequence of the new NGO Law 149/2019
requiring Ministerial approval for organizations to “join, affiliate, participate, cooperate and
engage with foreign organizations in activities” (art.19), some independent civil society
organizations based in Egypt exercised self-censorship and decided not to travel to Geneva
to engage in the 2019 UPR process for fear of reprisals. In advance of the UPR of Egypt in
October 2019 the Assistant Secretary-General for Human Rights addressed concerns in
writing to the Government (see also Annex I).
52.
On 28 February 2020, special procedures mandate holders raised concern that Law
149/2019 “employ[s] similar language to restrict the funding of and action by NGOs in the
interest of national security” and that in tandem with other laws limiting internet access,
regulating internet content and censoring the media, it “restricts the rights of human rights
defenders and those voicing dissent” and “constitutes a disproportionate interference”
(EGY 4/2020). On 8 April 2020 the Government noted that the amendments to the law
were under consideration.39
53.
On 9 April 2020, the Special Rapporteur on the promotion and protection of human
rights and fundamental freedoms while countering terrorism expressed concern about
“legislative changes covering anti-terrorism, protests, association and NGOs” which
“include extending the definition of ‘terrorist entity’ and applying new measures against
individuals, businesses, media outlets, and trade unions and provide for life sentences and
capital punishment for funding terrorism.” She noted that journalists, human rights
defenders, opposition parties and public-sector workers are also threatened 40 (see also
A/HRC/42/30, Annex II, para. 47).
38
39
40
Opinion 78/2017 adopted by the Working Group on Arbitrary Detention at its eightieth session,
concerning Ahmed Shawky Amasha (Egypt), 20–24 November 2017.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=35224.
OHCHR, “Egypt’s updated terrorism law opens the door to more rights abuses, says UN expert” (9
April 2020),
https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=25787&LangID=E.
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