Egypt: Arrest of a human rights defender

 EGY 001 / 9708 / OBS 005
 Arrest of a human rights defender
 Cairo - Egypt
 15th August 1997



The Observatory for the Protection of Human Rights Defenders, an FIDH
and OMCT venture, requests your URGENT intervention in the following
situation in Egypt.

Brief description of the situation :
The Observatory for the Protection of Human Rights Defenders has been
informed by the Egyptian Organisation for Human Rights (EOHR), a
member of the SOS-Torture network, of the arrest of Mr. Sayyed Ahmad
Al-Tokhi, a lawyer, a member of the Egyptian Organisation for Human
Rights (EOHR) and a lawyer at the EOHR's Fieldwork Unit.

According to information received, Mr. Sayyed Ahmad Al-Tokhi was
arrested on Saturday 9 August 1997 at 11:00 p.m. while boarding a
plane to the United Arab Emirates after having obtained the necessary
visa.

Mr. Sayyed Ahmad Al-Tokhi was held all night in the office of the
State Security Investigations at Cairo airport. The next morning,
Sunday 10 August, he was referred to the State Security Prosecution
Office, which postponed his interrogation to the following day. No
charges were brought against him. Mr. Sayyed Ahmad Al-Tokhi was then
taken to Al-Nozha police station without being interrogated. On Monday
11 August, he was taken to the State Security Prosecution Office,
where he was interrogated in the presence of some lawyers, one of them
from the EOHR.

Mr. Sayyed Ahmad Al-Tokhi was charged under the provisions of Article
86 (bis) of the Penal Code with verbally promoting ideas which
contradict the fundamental principles of the ruling regime, inciting
hatred and contempt of the present regime, hindering the
implementation of the law and the Constitutional principles and
inciting opposition to the authorities.

Mr. Sayyed Ahmad Al-Tokhi was transferred to Istikbal Tora Prison
after the prosecution ordered his detention for 15 days pending
investigations.

 On 15 August 1997, the EOHR was denied, by the Emergency High State
 Security Prosecution, a visit permit to visit him. Mr. Mr. Sayyed
 Ahmad Al-Tokhi has gone on a 24-hour hunger strike after the prison
 administration of El-Mahkoum Tora Prison, where he was held before
 being transferred to Mazraat Tora Prison on the night of Tuesday,
 August 12, shaved his head and locked him up in a cell full of
 rubbish all night.

Mr. Sayyed Ahmad Al-Tokhi is currently imprisoned at Mazraat Tora
Prison.

Law 96 which will come into force in October 1997, raises agricultural
rent and permits eviction. It replaces the laws put into place by
Nasser which protected the rights of tenant farmers.  In the context
of this change over the past months, security forces have used
violence to disperse meetings and marches organised by farmers,
apparently resulting  in the death and injury of a number of people.
The EOHR fears that the incidents may be a prelude to further
restrictive measures on the part of the authorities against political
and popular forces opposing the implementation of Law 96 of 1992,.
They further express concern that  implementation of law 96 will lead
to serious social unrest that may threaten the security and stability
of the whole country. It should be noted that last June, Mr. Sayyed
Ahmad Al-Tokhi attended a conference in the village of Kafr Mowes,
Banha, Kalyoubya, to discuss Law 96 of 1992 and it is firmly believed
that his arrest is connected to this.

The Observatory would like to stress that the arrest of a human rights
activist is a violation of the freedoms of opinion and expression
guaranteed by the Egyptian Constitution, and of Article 19 of the
International Covenant on Civil and Political Rights. The Observatory
warns against extending the use of Article 86 (bis) of the Penal Code
to include all forms of peaceful expression.

Action resquested:
Please write to the Egyptian authorities urging them to:

i	guarantee the physical and psychological integrity of Mr. Sayyed
Ahmad Al-Tokhi;

ii.	order the immediate release of Mr. Sayyed Ahmad Al-Tokhi if he is
detained without valid charges or, if such charges exist, bring him
before a competent tribunal and guarantee his procedural rights at all
times;

iii	publically declare their support for the right of individuals,
groups and public bodies to promote and protect universally recognised
human rights and fundamental freedoms

iv	urgently adopt appropriate measures to ensure that non-governmental
human rights organisations, including EOHR, their members and leaders
enjoy the necessary guarantees for carrying out their activities in
favour of the promotion, respect and defence of fundamental rights and
liberties;

v.	ensure in all circumstances respect for human rights and
fundamental freedoms in accordance with national laws and
international standards.

Addresses:
His Excellency Mohammad Hosni Mubarak, President of the Arab Republic
of Egypt, ´Abedine Palace, Cairo, Egypt. Telex : 93794 WAZRA UN

His Excellency General Hassan al-Afly, Minister of the Interior,
Ministry of the Interior, Al-Sheikh Rihan Street, Bab al-Louk, Cairo,
Egypt. Telex : 21361 MOICM UN - Fax : + 202 355 7792

His Excellency Mr. Faruq Sayf Al-Nasr, Minister of Justice, Ministry
of Justice, Midan Lazoghly, Cairo, Egypt. Fax : + 202 355 8103

Geneva, Paris, 15 August 1997

The Human Rights Action Network, a part of Derechos Human Rights, distributes appeals on behalf of victims of human rights violations. You are invited to join the network. Please check the date of the present action and do not write if it's over a month old.