Egypt human rights report
Egypt, Culture, 3/16/2001

A report by the US government on human rights describe the current various conditions in Egypt. Here are some excerpts from the report.

According to its Constitution, Egypt is a social democracy in which Islam is the state religion.

The National Democratic Party (NDP), which has governed since its establishment in 1978, has used its entrenched position to dominate national politics and maintains an overriding majority in the popularly elected People's Assembly and the partially elected Shura (Consultative) Council

President Hosni Mubarak was reelected unopposed to a fourth 6-year term in a national referendum in September 1999.

The judiciary is independent; however, there is no appellate process for verdicts issued by the military or State Security Emergency courts.

The security forces committed numerous serious human rights abuses; however, the use of force in the campaign against suspected terrorists appeared more limited than in previous years.


The Government generally respected the human rights of its citizens in some areas, and its record improved somewhat over the previous year.

the Government's record was poor with respect to freedom of expression and its treatment of detainees, among other areas.

The dominant role of the President and the entrenched NDP control the political scene to such an extent that citizens do not have a meaningful ability to change their Government. In parliamentary elections that were held between October 18 and November 15, the NDP won 172 seats, independent candidates won 255 seats, and opposition parties won 17 seats. However, many of the independents elected were former members of the NDP who rejoined the party after being elected, leaving the People's Assembly balance at 388 NDP members, 37 independents, and 17 opposition party members out of 444 elected members, with two seats unresolved at year's end.

Due to court-ordered supervision by the judiciary of the voting and vote-counting, the process was fairer and more transparent than past parliamentary elections; however, there were significant problems, including the arrests of thousands of members of the Muslim Brotherhood in the months before the elections.


The Emergency Law, which has been in effect since 1981 and was renewed for another 3 years in June, continues to restrict many basic rights.

The security forces continued to arrest and detain suspected members of terrorist groups. In combating terrorism, the security forces continued to mistreat and torture prisoners, arbitrarily arrest and detain persons, hold detainees in prolonged pretrial detention, and occasionally engage in mass arrests.

In actions unrelated to the antiterrorist campaign, local police killed, tortured, and otherwise abused both criminal suspects and other persons. The Government took disciplinary action against police officers accused of abusing detainees, including prosecution of several offenders, but it did not pursue most cases or seek adequate punishments.

The Ministry of Interior released more than 1,300 political detainees and prisoners, bringing the total number of detainees released since 1998 to more than 7,000.

The use of military courts to try civilians continued to infringe on a defendant's right to a fair trial before an independent judiciary. During the year, the Government did not refer any new cases involving civilians to the military courts; however, the military court issued its verdict on November 19 in a trial involving 20 leaders of the Muslim Brotherhood, who were referred to the court in October 1999 on charges of illegal political activity.

The Government used the Emergency Law to infringe on citizens' privacy rights. Although citizens generally express themselves freely, the Government partially restricts freedom of the press. The Government significantly restricts freedom of assembly and association.

The Government places restrictions on freedom of religion.

Despite difficulties due to an inadequate legal framework and periodic Government harassment, a number of local human rights groups are active.Although the Government does not recognize them legally, it allows these groups to operate openly.

Although the Government enforces the 1996 decree banning the practice of female genital mutilation (FGM), many families persist in subjecting their daughters to the traditional practice.

There were no reports of political killings; however, police committed extrajudicial killings, and such killings also may have occurred in certain antiterrorist operations.
Human rights organizations and the press reported on the death in custody of the following eight persons during the year, all of whom allegedly were tortured while being detained by police under suspicion of criminal activity: Sami Hosni Ahmed, Ahmed Hassan Ahmed, Mohamed Tawfik Hassan Sayyed, Sayyed Kenawi Selim, Abdel Hamid Ramadan Abdel Hamid Zahran, Ahmed Mohamed Eissa, Haytham Mohamed Abdel Aziz, and Mohamed Islam Nasr Eddine.

The London-based Islamic Observation Center announced on December 22 that 37-year-old Mohammed Saad Osman Ahmad died in Tora prison in early December due to untreated leukemia. Ahmad allegedly had completed a 5-year prison sentence in 1998 but was not released.


On June 6, the Banha Criminal Court (Daqahliyya governorate) sentenced police Captain Abdel Nasser Zeidan of the Shubra Al-Kheima investigations department to a 1-year suspended sentence for killing a suspected thief. The officer reportedly raided the home of 19-year-old Mosaad Ahmed Youssef in March without an arrest or search warrant and shot him three times in the back and head.

On August 10, the Mansoura criminal court acquitted a police major and four other policemen in the April 9, 1998 death under torture of Waheed Al-Sayyid Ahmad Abdallah

There were no reports of new cases of politically motivated disappearances.

In November the Human Rights Center for the Assistance of Prisoners reported on a total of 26 unresolved disappearances, including 3 previously unreported cases of persons who disappeared in 1996 and 1997. The Center learned that three persons previously reported missing are in prison, and that two disappearances did not involve police.

The Egyptian Organization for Human Rights (EOHR) continues to investigate 30 previously reported disappearances. EOHR has provided these names to the U.N. Committee on Disappearances, but the Government reportedly has denied any involvement in these cases.

The Constitution prohibits the infliction of "physical or moral harm" upon persons who have been arrested or detained; however, torture and abuse of detainees by police, security personnel, and prison guards is common.
Under the Penal Code, torture of a defendant or giving orders to torture are felonies punishable by hard labor or 3 to 10 years' imprisonment. If the defendant dies under torture, the crime is one of intentional murder punishable by a life sentence at hard labor. Arrest without due cause, threatening death, or using physical torture is punishable by temporary hard labor. Abuse of power to inflict cruelty against persons is punishable by imprisonment of no more than 1 year or a fine of no more than $33 (125 Egyptian pounds). In addition, victims may bring a criminal or civil action for compensation against the responsible Government agency. There is no statute of limitation in such cases.
Despite these legal safeguards, there were numerous credible reports that security forces tortured and mistreated citizens. Reports of torture and mistreatment at police stations remain frequent. While the Government has investigated torture complaints in criminal cases and punished some offending officers, the punishments do not conform to the seriousness of the offense.

While the law requires security authorities to keep written records of detained citizens, human rights groups report that such records often are not available, not found, or that the police deny any knowledge of the detainee when inquiries are made about specific cases, effectively blocking the investigation of torture complaints.
Human rights groups believe that the SSIS continues to employ torture. Torture takes place in SSIS offices, including its headquarters in Cairo, and at Central Security Force camps. Torture victims usually are taken to an SSIS office, where they are handcuffed, blindfolded, and questioned about their associations, religious beliefs, and political views. Torture is used to extract information, coerce the victims to end their antigovernment activities, and deter others from similar activities.

As part of the Government's antiterrorist campaign, security forces conducted mass arrests and detained hundreds of individuals without charge. Police also at times arbitrarily arrested and detained persons. Under the provisions of the Emergency Law, which has been in effect since 1981, the police may obtain an arrest warrant from the Ministry of Interior upon showing that an individual poses a danger to security and public order. This procedure nullifies the constitutional requirement of showing that an individual likely has committed a specific crime to obtain a warrant from a judge or prosecutor.


The Emergency Law allows authorities to detain an individual without charge. After 30 days, a detainee has the right to demand a court hearing to challenge the legality of the detention order and may resubmit his motion for a hearing at 1-month intervals thereafter. There is no maximum limit to the length of detention if the judge continues to uphold the legality of the detention order, or if the detainee fails to exercise his right to a hearing.


In addition to the Emergency Law, the Penal Code also gives the State broad detention powers. Under the Penal Code, prosecutors must bring charges within 48 hours or release the suspect. However, they may detain a suspect for a maximum of 6 months, pending investigation. Arrests under the Penal Code occur openly and with warrants issued by a district prosecutor or judge. There is a system of bail. The Penal Code contains several provisions to combat extremist violence. These provisions broadly define terrorism to include the acts of "spreading panic" and "obstructing the work of authorities."

During the year, security forces arrested large numbers of persons allegedly associated with the Muslim Brotherhood, which the Government has declared an illegal organization. Attorneys for those arrested say that during the year approximately 5,000 persons were arrested; a domestic human rights organization documented 694 arrests. Most of those arrested had been released by year's end.

In contrast to previous years, there were no confirmed reports during the year that converts to Christianity were subjected to harassment by the security services.

Human rights groups reported that hundreds, perhaps thousands, of persons detained under the Emergency Law have been incarcerated for several years without charge. The courts have ordered the release of several of these detainees, but prison officials reportedly have ignored the orders. The Ministry of Interior frequently reissues detention orders to return detainees to prison. During the year more than 1,300 political detainees and prisoners were released, bringing the total number of detainees released in the past 3 years to more than 7,000. Following the releases, revised prison population estimates by local human rights organizations indicate that there are approximately 15,000-16,000 political detainees; it is not clear how many among them are charged and awaiting trial, convicted and serving sentences, or detained without charge.

The Government does not use forced exile.

The judiciary is independent; however, cases involving national security or terrorism may be handled by military or State Security Emergency courts, in which constitutional protections may not be observed. In addition, judicial orders sometimes are ignored by the authorities. The Constitution provides for the independence and immunity of judges and forbids interference by other authorities in the exercise of their judicial functions.

In the last few years, the Government has added lectures on human rights and other social issues to its training courses for prosecutors and judges.

The judicial system is based on the Napoleonic tradition; hence, there are no juries.

A lawyer is appointed at the court's expense if the defendant does not have one.

However, the military courts do not ensure civilian defendants due process before an independent tribunal. While military judges are lawyers, they are also military officers appointed by the Minister of Defense and subject to military discipline. They are neither as independent nor as qualified as civilian judges in applying the civilian Penal Code. There is no appellate process for verdicts issued by military courts; instead, verdicts are subject to a review by other military judges and confirmation by the President, who in practice usually delegates the review function to a senior military officer. Defense attorneys have complained that they have not been given sufficient time to prepare defenses and that judges tend to rush cases involving a large number of defendants.

During the year, the Government did not refer any civilians to the military courts.

The Constitution provides for the sanctity and secrecy of homes, correspondence, telephone calls, and other means of communication; however, the Emergency Law abridges the constitutional provisions regarding the right to privacy, and the Government used the Emergency Law to infringe on these rights. Police must obtain warrants before undertaking searches and wiretaps. Courts have dismissed cases in which warrants were issued without sufficient cause.

Police officers who conduct searches without proper warrants are subject to criminal penalties, although penalties seldom are imposed.

The Emergency Law empowers the Government to place wiretaps, intercept mail, and search persons or places without warrants. Security agencies frequently place political activists, suspected subversives, journalists, foreigners, and writers under surveillance, screen their correspondence (especially international mail), search them and their homes, and confiscate personal property.

The Constitution provides for freedom of speech and of the press; however, the Government partially restricts these rights. Citizens openly speak their views on a wide range of political and social issues, including vigorous criticism of Government officials and policies, but generally avoid certain topics, such as direct criticism of the President.

Opposition newspapers frequently publish criticism of the Government.All party newspapers are required by law to reflect the platform of their party. The Government suspended publication of the semiweekly newspaper Al-Shaab in May following a decision by the Political Parties Committee to withdraw recognition from the Islamist-oriented Socialist Labor Party

The Penal Code stipulates fines or imprisonment for criticism of the President, members of the Government, and foreign heads of state. The Supreme Constitutional Court agreed in 1998 to review the constitutionality of those articles of the Penal Code that specify imprisonment as a penalty for journalists convicted of libel. The Press and Publication Laws ostensibly provide protection against malicious and unsubstantiated reporting.

The Government significantly restricts freedom of assembly. Under a 1923 law, citizens must obtain approval from the Ministry of Interior before holding public meetings, rallies, and protest marches. The Interior Ministry selectively obstructs meetings scheduled to be held on private property and university campuses.

The Government significantly restricts freedom of association. In June the Supreme Constitutional Court overturned on procedural grounds Law 153 pertaining to the formation, function, and funding of non-governmental organizations (NGO's) and private foundations, which had been passed by the People's Assembly in June 1999. The previous law governing NGO's, Law 32, was reinstated until a new law could be passed, which had not happened by year's end. Law 153 and the subsequent implementing regulations were controversial, and had drawn mixed reactions from local and international NGO's and activists, some of whom charged that the law and regulations placed unduly burdensome restrictions on NGO's.

Three human rights organizations were registered as NGO's during the year: The Center for Human Rights Legal Assistance, the Center for Human Rights Studies and Information, and the Arab Organization for Human Rights.

On June 28, the Government postponed nationwide elections for the Lawyers' Syndicate that had been scheduled for July 1 on the grounds that syndicate offices were inadequate to allow voting by the syndicate's more than 85,000 members. Local observers believe the elections were postponed to prevent victories by Islamists and other oppositionists, as had occurred in previous syndicate elections. In October 1999, the Court of Cassation upheld an earlier court decision to lift the Government sequestration of the Syndicate and to allow elections. Several Administrative Court rulings during the year supported the Syndicate's right to hold elections in its offices, but the elections had not taken place by year's end.

The Constitution provides for freedom of belief and the practice of religious rites; however, the Government places restrictions on this right. Most Egyptians are Sunni Muslims. There is a small number of Shi'a Muslims. Approximately 10 percent of the population, or 6 million of 64 million, are Christians, the majority of whom belong to the Coptic Orthodox Church. There are other small Christian denominations, as well as a Jewish community that numbers approximately 200 persons.

In Egypt the practice of Christianity or Judaism does not conflict with Shari'a and, for the most part, members of the non-Muslim minority worship without harassment and maintain links with coreligionists abroad.

All mosques must be licensed, and the Government is engaged in an effort to control them legally. The Government appoints and pays the salaries of the imams who lead prayers in mosques, proposes themes for them, and monitors their sermons. In December the Minister of Awqaf announced that the Government now controls 52,000 mosques and 11,000 mosques located in private buildings. (There are over 70,000 mosques in the country.) In an effort to combat extremists, the Government has announced its intention to bring all unauthorized mosques under its control by 2002.

Neither the Constitution nor the Civil and Penal Codes prohibit proselytizing or conversion.

In December 1999, President Mubarak issued a decree making the repair of all places of worship subject to a 1976 civil construction code. The decree is significant symbolically because it places churches and mosques on equal footing before the law.

The Government occasionally prosecutes members of religious groups whose practices deviate from mainstream Islamic beliefs and whose activities are believed to jeopardize communal harmony. For example, on November 11, 1999, the State Security Prosecutor arrested 50 persons in Cairo suspected of heresy against Islam. On November 15, 1999, 30 of the detainees were released and the remaining 20 were charged with degrading Islam, inciting strife, and meeting illegally. The lead defendant, a woman named Manal Wahid Mana'a, was accused of attempting to establish a new Islamic offshoot. On September 5, a State Security Emergency Court in Boulaq sentenced 16 of the defendants, including Mana'a to 5 years' hard labor, 3 other defendants to 3 years' hard labor, 7 to 1 year of hard labor, 2 to 6 months in prison, and 2 to a fine of $375 (1000 Egyptian pounds). One of the defendants died in prison, reportedly from ill health, during the investigation.
On September 15, a State Security Emergency Court handed down a ruling in the case of 10 defendants, 4 of whom were women, accused of propagating extremist ideas in Giza and Alexandria from 1990 to 1999. The court sentenced two defendants to 15 years' hard labor, one to 3 years' hard labor, two to 3 years in prison, and five (including the four women) to 1 year in prison .

The People's Assembly debates Government proposals, and members exercise their authority to call cabinet ministers to explain policy. The executive initiates almost all legislation. Nevertheless, the Assembly maintains the authority to challenge or restrain the executive in the areas of economic and social policy, although it may not modify the budget except with the Government's approval. The Assembly exercises limited influence in the areas of security and foreign policy, and retains little oversight of the Interior Ministry's use of Emergency Law powers.

Roll-call votes in the Assembly are rare. Votes generally are reported in aggregate terms of yeas and nays, and thus constituents have no independent method of checking a member's voting record.

During the year, Egypt held elections for the People's Assembly. The elections were held in stages between October 18 and November 15 in order to allow for supervision by a member of the judiciary at each polling place. Out of a total of 444 elected seats, the ruling NDP won 172 seats, independent candidates won 255 seats, and opposition parties won 17 seats.

The Shura Council, the upper chamber of Parliament, has 264 members. Two-thirds of the members are elected popularly and the President appoints one-third. One half of the Shura seats are up for reelection or reappointment every 3 years. In 1998 the NDP won all 88 seats up for election. One Coptic Christian, from Alexandria, won a seat. The President made 47 appointments (including an additional three over the 44 open seats to replace deceased members). Those appointed included nine women, eight Coptic Christians, and two members of opposition parties.

New parties must be approved by the Political Parties Committee, a semiofficial body that includes a substantial majority of members from the ruling NDP and some members from among the independent and opposition parties. Decisions of the Parties Committee may be appealed to the civil courts. If a court overturns a denial, the party is not registered automatically. Both the Committee and the People's Assembly sometimes ignore court decisions. During the year the Committee approved one party (the Nasserist "National Accord" party) and rejected the applications of two others.

The Political Parties Committee also may withdraw recognition from existing political parties. On May 20, the Committee withdrew recognition from the Socialist Labor Party and suspended publication of the party newspaper Al-Shaab.

The Muslim Brotherhood remains an illegal organization and may not be recognized as a political party under current laws, which prohibit political parties based on religion. Muslim Brothers are known publicly and openly speak their views, although they do not explicitly identify themselves as members of the organization.Seventeen independent candidates backed by the Muslim Brotherhood were elected to the People's Assembly in the fall parliamentary elections.

Women and minorities are underrepresented in Government and politics. The Constitution reserves 10 Assembly seats for presidential appointees, and during the year President Mubarak included four Christians and four women among his appointees.In addition to the appointments, seven women and three Copts were elected in the fall.

The case of Saad Eddin Ibrahim, director of the Ibn Khaldoun Center for Development Studies, who was put on trial beginning on November 18 for charges that included disseminating abroad false information about the country and accepting foreign funds without government permission, also had a chilling effect on the work of human rights organizations, which exist largely on foreign funding.

Domestic violence against women is a significant problem and is reflected in press accounts of specific incidents.

The law provides for equality of the sexes; however, aspects of the law and many traditional practices discriminate against women. ÒMarried women of any age require to obtain passports and to travel permission from their husbands.Ó

Only males may confer citizenship. In rare cases, this means that children who are born to Egyptian mothers and stateless fathers are themselves stateless.

A woman's testimony is equal to that of a man's in the courts.

There is no legal prohibition against a woman serving as a judge, although in practice no women serve as judges. The Court of Cassation postponed to January 2001 the cases of two attorneys, Fatma Lashin and Amany Talaat, who are challenging the Government's refusal to appoint them as Public Prosecutors.

In January the Parliament passed a new Personal Status Law that made it easier for a Muslim woman to obtain a divorce without her husband's consent, provided that she is willing to forego alimony and the return of her dowry. However, an earlier provision of the draft law that would have made it easier for a woman to travel without her husband's consent, was rejected.

Laws affecting marriage and personal status generally correspond to an individual's religion.

Under Islamic law, non-Muslim males must convert to Islam to marry Muslim women, but non-Muslim women need not convert to marry Muslim men.

A number of active women's rights groups work in diverse areas, including reforming family law, educating women on their legal rights, promoting literacy, and combating FGM.

The Government remains committed to the protection of children's welfare and attempts to do so within the limits of its budgetary resources.

The Government provides public education, which is compulsory for the first 9 academic years (typically until the age of 15). The Government treats boys and girls equally at all levels of education.

The Government enacted a Child Law in 1996. The law provides for privileges, protection, and care for children in general.

Female genital mutilation, which is widely condemned by international health experts as damaging to both physical and psychological health, is common despite the Government's commitment to eradicating the practice and NGO efforts to combat it. Traditional and family pressures remain strong; a study conducted during the year estimates the percentage of women who have ever been married who have undergone FGM at 97 percent. The survey showed that attitudes may be changing slowly; over a 5-year period, the incidence of FGM among the daughters (from ages 11 to 19) of women surveyed fell from 83 to 78 percent. FGM generally is performed on girls between the ages of 7 and 12, with equal prevalence among Muslims and Christians.

In 1997 the Court of Cassation upheld the legality of a 1996 decree banning FGM that was issued by the Minister of Health and Population Planning.

In addition to attempting to enforce the decree, the Government supports a range of efforts to educate the public. A discussion of FGM and its dangers has been added to the curriculum of the school system. The Government broadcasts television programs criticizing the practice. Government ministers speak out against the practice, and senior religious leaders also support efforts to stop it. The Sheikh of Al-Azhar, the most senior Islamic figure in the country, and the leader of the Coptic Orthodox community, Pope Shenouda, have stated repeatedly that FGM is not required by religious doctrine. However, illiteracy impedes some women from distinguishing between the deep-rooted tradition of FGM and religious practices.

There are no laws specifically prohibiting discrimination against the disabled, but the Government makes serious efforts to address their rights. It works closely with U.N. agencies and other international aid donors to design job-training programs for the disabled. The Government also seeks to increase the public's awareness of the capabilities of the disabled in television programming, the print media, and in educational material in public schools. There are approximately 5.7 million disabled persons, of whom 1.5 million are disabled severely.

By law, all businesses must designate 5 percent of their jobs for the disabled, who are exempt from normal literacy requirements. Although there is no legislation mandating access to public accommodations and transportation, the disabled may ride Government-owned mass transit buses free of charge, are given priority in obtaining telephones, and receive reductions on customs duties for private vehicles. A number of NGO's are active in efforts to train and assist the disabled.

The Constitution provides for equal public rights and duties without discrimination due to religion or creed. For the most part, the Government upholds these constitutional protections.

Workers may join trade unions. There are 23 trade unions, all required to belong to the Egyptian Trade Union Federation (ETUF), the sole legally recognized labor federation. The International Labor Organization's Committee of Experts repeatedly has emphasized that a law that requires all trade unions to belong to a single federation infringes on freedom of association.

The labor laws do not provide adequately for the rights to strike and to engage in collective bargaining. Strikers may face prison sentences of up to 2 years. Although the right to strike is not provided, strikes occur.

There are no legal obstacles to establishing private sector unions.

Previous Stories:
  First Lady Mubarak meets NCW members   (3/15/2001)
  UNESCO symposium hails Egypt's to develop social efforts work   (3/12/2001)
  Beiram Al-Tounsi: pioneer of vernacular Arabic verse 'Zagal'   (3/5/2001)
  Egyptian women and the right to vote   (3/5/2001)
  US congress report: Egypt plays key role in peace process   (3/3/2001)
  Mubarak opens physiotheraby, rehabilitation centre   (2/28/2001)
  Moussa stresses: Three-peace tracks are inseparabile   (2/26/2001)
  Mubarak confers with Turkish president   (2/26/2001)
  Important meeting between Mubarak, Pope of Vatican   (2/21/2001)
  Egypt - Vatican to promote their distinguished relations   (2/19/2001)
  Doors are open to freedom and democracy   (2/12/2001)
  International Nile children song festival starts in Cairo   (1/29/2001)
  UNICEF lauds Egypt's achievement in child rights domain   (1/27/2001)
  Mubara to address People's Assembly on deepening democracy   (12/16/2000)
  Mubarak urges parliament to find solutions to citizens needs   (12/12/2000)
  Egypt elections statement   (11/15/2000)
  Seven Islamists win in the Egyptian elections   (10/26/2000)
  Mubarak calls the summit to a unified march to face challenges   (10/21/2000)
  Conclusion of the first phase of the Egyptian parliamentary elections   (10/19/2000)
  Amnesty International denounces Egyptian elections arrangements   (9/20/2000)
  Arresting 25 of the prominent Muslim Brothers in Egypt   (9/15/2000)
  Egypt's Catholics: We live in land of peace and tolerance   (2/14/2000)
  Use of military courts against civilians criticized by Egyptian rights organizations   (11/4/1999)
  Restrictions lifted on Egyptian Lawyers Union's activities   (10/12/1999)
  Muslim Brothers call for abrogating emergency in Egypt   (9/28/1999)

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