We, the undersigned human rights organisations, call on UN Special Rapporteurs, Members of the European Parliament, and representatives in national Parliaments of the European Union to urgently intervene and communicate with the Egyptian authorities to immediately release jailed activist Malak Al-Kashif, who was arrested for expressing her views on Facebook.
On 6 March 2019, after expressing her opinions on her personal Facebook account about how the authorities addressed a train station accident in Egypt which killed dozens of citizens, 19-year-old Malak Al-Kashif was arrested in a dawn police raid of her mother’s home. Malak was disappeared; both her location and conditions of detention were undisclosed until she was brought before the State Security Prosecution on 7 March 2019.
Malak was interrogated under State Security case no. 1739 on trumped-up charges of joining a terrorist group under Article 12 of the Anti-Terrorism Act 2015, exposing her to severe penalties including the maximum imprisonment penalty. Malak was also charged with using her Facebook account to commit a crime punishable by law under Article 27 of the Electronic Crimes Prevention Act of 2018, which could result in an additional sentence of up to two years’ imprisonment and a fine of no less than LE100,000 (approximately $5,970 USD). On 7 March 2019, the Prosecution gave Malak 15 days of pretrial detention, which she spent in solitary confinement at Al-Haram police station in Giza. On 19 March, the Prosecution extended her pretrial detention for another 15 days, which she spent in solitary confinement in the El-Zeraa section of Tora Prison. Malak is a transgender woman undergoing the advanced stages of gender reassignment treatment and requires continuous physical and physiological treatment due to an accident she had last year, as documented in medical reports in her possession at the time of her arrest.
A repressive trend in Egypt
Malak was one of many persons recently arrested by the Egyptian authorities for expressing opinions on social and political issues in the country, including the train station accident and the proposed constitutional amendments. ECRF has documented 116 persons arrested from 27 February until 2 March 2019. Some were forcibly disappeared and others were sent to the prosecution on charges of “joining a terrorist group” and “publishing fake news.”This recent surge in arrests was enabled by an oppressive legislative framework deployed by the Egyptian authorities against individuals who express opinions on any national issue; this framework includes repressive laws that do not comply with the Egyptian Constitution and international human rights laws, such as the 2015 Anti-Terrorism Act and 2018 Cybercrime Law.
The Egyptian authorities have increasingly used pre-trial detention as a punishment for political prisoners, especially since 2013. Although pre-trial detention violates the legal principle of the presumption of innocence of the accused person, Article 143 of the Code of Criminal Procedure permits prolonged pre-trial detention that can go on for two years in some cases.
Transgender and imprisoned
As a transgender woman, Malak is outspoken about her identity and conditions, and has advocated for the rights of transgender people in Egypt using social media platforms. Consequently, Malak’s arrest for expressing her opinion on the train accident has enabled the Egyptian state to silence her on all issues for which she has advocated, including transgender rights.
In addition, Malak’s identity has made her a target of cruel and humiliating treatment by the Egyptian authorities. Malak’s gender is classified as “male” in official documentation, compounding the state’s discrimination against her as a transgender woman, and placing her in male detention facilities where she is vulnerable to further mistreatment on the basis of her gender.
Malak testified that she had been subjected to a forced anal examination and sexual harassment in one of the government hospitals, as documented by ECRF. Malak also informed her lawyer that she was prevented from going to the toilet for long periods of time, and was bullied in the police station because of her gender identity. The police station administration also refused to provide Malak with essential healthcare requirements for her diabetes.
Malak’s arrest and treatment violate human rights laws and standards
Egypt is a part of the International Covenant on Civil and Political Rights (ICCPR) and the UN
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT), which prohibit the treatment to which Malak has been subjected, as well as protect her right to express her views.
Article 7 of ICCPR and articles 2 and 16 of the 1984 Convention against Torture prohibit torture and all other forms of cruel, inhuman or degrading treatment, with no restriction on these prohibitions. Article 19 of ICCPR also states that everyone has the right to freedom of opinion and expression, which includes the freedom to hold opinions without interference.
In addition, the High Commissioner for Human Rights has recommended the prohibition of coercive medical procedures imposed by some countries on transgender people, as well as guaranteeing their right to obtain identity papers reflecting their self-defined gender identity.
ECRF considers the treatment and examinations to which Malak has been subjected as a flagrant violation of privacy and human dignity, which fall within a pattern of discrimination and violence against sexual minority groups in Egypt, and qualify as a form of cruel and inhumane treatment amounting to torture.
This is not the first time that Egypt has violated international human rights laws and standards. In its 2002 report, the Committee against Torture recommended that Egypt take the necessary steps to end all forms of degrading treatment during physical examinations. In 2009, the UN Working Group on Arbitrary Detention stated that the forced anal examinations carried out by the Egyptian authorities had no medical value in determining whether a person had engaged in any homosexual practices, and that they violated international human rights law and contravened the prohibition on torture under the 1984 Convention against Torture.
Request for urgent intervention by UN Special Rapporteurs, Members of the European Parliament, and representatives in national Parliaments of the European Union
In consideration of the information above, we respectfully appeal to you to raise Malak’s case with the Egyptian authorities. We request immediate protection for Malak and other transgender individuals, by treating them accordingly to their gender identity and holding them in the corresponding detention facilities, without exposing them to sexual harassment and cruel, humiliating procedures that amount to physical and psychological abuse. The ultimate objective is Malak’s release, along with that of all other political detainees in Egypt imprisoned for expressing their opinions.
If you have any additional questions about Malak’s case, please do not hesitate to contact us.
Thank you for your consideration,
• Arab Network for Knowledge about Human-rights
• Adil Soz
• Albanian Media Institute (AMI)
• Association Adala pour le droit à un procès équitable
• Association for Freedom of Thought and Expression (AFTE)
• Associazione Ricreativa Culturale Italiana
• Cairo Institute for Human Rights Studies
• Centre national de coopération au développement
• Circolo Cultura Omosessuale Mario Mieli
• Committee for Justice
• EGYPTIAN COMMISSION FOR RIGHTS AND FREEDOMS
• EuroMed Rights
• FIDH, in the framework of the Observatory for the Protection of Human Rights Defenders
• Free Media Movement (FMM) - Sri Lanka
• Freedom of Expression Institute (FXI)
• Gulf Center for Human Rights (GCHR)
• Independent Journalism Center (IJC) - Moldova
• Index on Censorship
• Initiative Franco-égyptienne pour les Droits et les Libertés
• Ligue des droits de l’Homme
• Media Institute of South Africa (MISA)
• Media Rights Agenda (MRA)
• Mediacenter Sarajevo
• Norwegian PEN
• Pakistan Press Foundation (PPF)
• PEN America
• South East Asia Press Alliance (SEAPA)
• Syrian Center for Media and Freedom of Expression (SCM)
• World Organisation Against Torture (OMCT), in the framework of the Observatory for the Protection of Human Rights Defenders