II.
RECOMMENDATIONS
To the Government
of Egypt
· Order the immediate and unconditional
release of Saadeddin Ibrahim and his three colleagues Nadia `Abd al-Nour,
Usama Hammad `Ali and Khaled Ahmad al-Fayyad.
· Ensure that the other defendants
still being imprisoned, Magda Ibrahim al-Bey and Muhammad Hassanein `Amara,
receive a fair re-trial before an ordinary criminal court or are released.
· Abolish Military Order No. 4 of
1992 and seek regular legislative approval of all new laws, or amendments
to existing laws, that the government considers necessary to protect the
security of Egyptian citizens, and ensure that any such laws conform to
Egypt's Constitution and its obligations under international law.
· Ensure that all trials conform
to international standards of fair trial, including granting the defense
adequate time to prepare their defense and ensuring that the defense is
granted full and prompt access to all relevant court documentation at every
stage of the proceedings.
· Amend Article 80(d) of the Penal
Code to bring that law into compliance with international human rights
treaty law protecting freedom of expression and the rights to seek, receive
and impart information and ideas.
· Abolish the Supreme State Security
Court and all other extraordinary courts, and insure that all Egyptian
courts meet basic international fair trial standards, including by guaranteeing
a right to appeal to a higher judicial body.
· Authorize the re-opening of the
Ibn Khaldun Center and the Hoda Association and make clear that the government
will not tolerate official harassment of these and other nongovernmental
organizations (NGOs) on account of their leaders or members' exercise of
their rights to freedom of expression and freedom of association.
· Propose new legislation that grants
legal recognition and guarantees full independence to nongovernmental associations.
To the European
Union and Member States
· Restate publicly, and at the
highest levels of the E.U. Commission, the incumbent presidency and the
Council of Ministers, the E.U. view that there is no substance to the charges
of fraud against Saadeddin Ibrahim and his colleagues.
· Call for the immediate and unconditional
release of Saadeddin Ibrahim and co-defendants Nadia `Abd al-Nour, Usama
Hammad `Ali and Khaled Ahmad al-Fayyad, and urge that defendants Magda
Ibrahim al-Bey and Muhammad Hassanein `Amara are retried before an ordinary
criminal court following procedures that conform to international standards
for fair trial or released.
· Hold the Egyptian government to
obligations under the recently signed Association Agreement between the
E.U. and Egypt, and urge it to acknowledge the positive role that human
rights defenders play in society and to extend all necessary protection
to them in the performance of their work.
To the United
States
· Raise the Ibn Khaldun case with
Egyptian authorities at the highest levels, and state publicly the view
that the charges on which the defendants were convicted were politically
motivated and were designed to punish them for the exercise of their right
to freedom of expression.
· Call for the immediate and unconditional
release of Saadeddin Ibrahim and co-defendants Nadia `Abd al-Nour, Usama
Hammad `Ali and Khaled Ahmad al-Fayyad, and urge that defendants Magda
Ibrahim al-Bey and Muhammad Hassanein `Amara be retried before an ordinary
criminal court following procedures that conform to international standards
for fair trial or released.
· Make clear to the government of
Egypt that continued violations of human rights, including the rights of
the Ibn Khaldun defendants, will affect negatively the depth and quality
of U.S.-Egyptian relations, including military and economic relations,
and that improved respect for human rights will strengthen those relations.
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