Egypt holds a poor human rights record, which is mainly caused by ongoing political repression. Individuals who attempt to manifest their political opinion, contrary to the institutionalised military government, face imprisonment and torture. This means that the freedom to hold political assembly and speech is brutally undermined.
POLITICAL BACKGROUND
In order to understand the core issue of why violations of human rights are occurring in Egypt, it is important to consider the political fall that led to this catastrophe. In 2011, protesters rose against former president Hosni Mubarak as a result of poverty, social exclusion, and outrage over his apparent indifference to corruption and the political elite. Although Mubarak promised to implement some of the protesters’ social reforms, this never happened, and he was consequently ousted from office.
In 2012, Mohammed Morsi was democratically elected for the first time with the support of the Muslim Brotherhood political party. His election was considered a progressive change for Egyptians who felt that the earlier corruption, establishment of the political elite, and economic destitution would finally end. However, a year later, Morsi was overthrown by military forces. As a result of security forces obtaining complete control over the government, democratic norms and fundamental freedoms were curtailed. Abdel Fattah Al-Sisi is currently the president and supreme commander of the military forces. He has vowed to wipe out Morsi’s Muslim Brotherhood and to fix the nation’s economy. However, Amnesty International has expressed concern over continuous arrests and detention of Muslim Brotherhood members. It is important to note that Egyptian prison conditions are beyond deplorable, and there is no strong legal system that safeguards what happens behind bars.
After his forced resignation, Morsi was sent to prison, sentenced to 20 years on the grounds that he was responsible for the death of ten journalists. During his time in Tora prison (in Cairo), Morsi did not have access to legal representation, medical care for his diabetes, nor access to food. Morsi’s family only managed to see him three times during his imprisonment. Subsequently, Morsi died due to the lack of care. Ibrahim Abd al-Ghaffar, a former warden who spoke out about the Tora prison conditions, said: “it was designed so that those who go in don’t come out again unless dead. It was designed for political prisoners.” Others have said, “we are in tombs”. These shocking remarks highlight the lack of human rights standards, specifically the rights to a fair trial, legal representation, and freedom from torture and inhumane treatment. Morsi’s detention was arbitrary, and his death demonstrates the inhumane and degrading treatment that people receive if they do not support the military-ruled government.
In addition, Human Rights Watch reported that the Egyptian police forces have tortured children from the age of 12, while prosecutors and judges “turned a blind eye”. Egyptian authorities continue to arrest and torture peaceful critics, detaining them in deplorable prison conditions.
EGYPT AND INTERNATIONAL HUMAN RIGHTS LAW
Although Egypt is a signatory to the International Convention on the Rights of the Child (CRC), in 2003 the state decided to withdraw ratification of articles 20 and 21 of the CRC. These articles establish safeguards for the best interests of the child and ensure special protection from the state if the child is deprived of a safe family environment. The withdrawal of these two articles means that the best interests of children are not recognised in Egypt, meaning that children have less protection.
In 1987, Egypt accepted and signed the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Torture Convention). However, Egypt never recognised article 20, which allows the Committee Against Torture to investigate any allegation of torture in the questioned member state if there is reliable information and well-founded indications that torture is occurring.
Egypt does not fully honour the Torture Convention or the CRC, and this makes it harder for international human rights provisions to influence domestic law or to allow for the effective monitoring thereof. Despite its obligations under international law, torture in Egypt is systematic, as was established following an inquiry requested by Alkarama, a human rights NGO based in Geneva.
It is evident that the Egyptian judicial system is controlled by military forces, and those forces do not allow any room for human rights standards. Mohammad H. Fadel highlighted the constitutional silence in Egypt. He asserts that the military are now the “law-givers” who provide to the nation “constitutional commands”. [1] In this conception of law there is no place for an independent judicial power that holds to account wrong-doers.Metaphorically speaking, the Egyptian constitution is currently switched off under military despotism. This means that the military are the only rulers who exercise their absolute power oppressively and at the expense of fundamental freedoms that would allow for, among other things, a challenge to the military’s arbitrary power. While the Egyptian constitution remains silent, human rights remain under threat.
[1] Mohammad H Fadel ‘The sounds of silence: The Supreme Constitutional Court of Egypt, constitutional crisis, and constitutional silence’ International Journal of Constitutional Law, Volume 16, Issue 3, July 2018, Pages 936–951, https://doi.org/10.1093/icon/moy069.
