What does the closure of Egypt’s longest case mean for civil society organizations?

The case was closed after a series of investigations that continued since 2011 (Al Jazeera)

Cairo -

Human rights activists expressed doubts about the Egyptian government’s intentions to suddenly tolerate civil society organizations that had been accused of receiving foreign funding for nearly 13 years. Then, two days ago, the case file was closed following the issuance of a judicial order stating that there was no basis for filing a criminal case against those organizations.

The closure of the case came in the wake of discussions between European and Egyptian officials, which resulted in the European Union granting Egypt loans worth about $12 billion in installments over several years. Observers linked the loans to the pressures that accompanied them to close the case, amid optimism that the closure would be an indication of the return of the work of these organizations.

Some of those in charge of these organizations expressed concerns that the measures would be only on paper, and would have no effect in reality, as there was no effect of lifting the travel ban or of the restrictions imposed on their bank accounts.

Punishment case

During the months following the revolution of January 25, 2011, these organizations were accused of illegally receiving foreign funding from external parties, and travel bans and a ban on the disposal of funds were imposed against nearly 300 officials of 85 organizations listed in the case.

The case was closed after a series of investigations that continued since 2011, before the assigned investigating judge, Counselor Ahmed Abdel Aziz Qatlan, closed the curtain on the papers of the case known in the media for foreign funding of civil society organizations, due to “the lack of grounds for filing a criminal case against the organizations.”

The investigation was preserved to mark the end of this controversial case, which observers viewed as punishment by the ruling military junta at the time against human rights organizations for their role in the January 25 Revolution.

Legal experts believed that the case was supposed to be dropped in 2012, after the ruling military council at the time allowed the travel of 15 foreign activists accused in the same case, including 8 Americans, with a sudden judicial decision that came after the intervention of former US President Barack Obama, and his request to the council to allow them to travel.

There is optimism among some that this step may be followed by a breakthrough in the dealings of state agencies with human rights institutions in the future, in exchange for expectations of the continued “heavy hand of the authorities.”

However, according to human rights activists, the investigating judge’s decision did not include all organizations and did not close the case completely, as the file of the Arab Center for the Independence of the Judiciary and the Legal Profession is still unresolved, after its headquarters were stormed, its files and computers were seized, and its file was referred to the Supreme State Security Prosecution since 2017. Its founders are still on the travel ban list.

The latest procedures include organizations whose files have been investigated since 2016 only, without those that have been investigated since 2011 and 2012 and whose matter has not yet been resolved.

Gamal Eid (third from left) believes that closing the case is a theoretical correction of a mistake that continued for a long time without legal support (social networking sites)

Guarantees

In a statement, the Arab Center for the Independence of the Judiciary and the Legal Profession called on the Egyptian authorities for the decision to include all organizations listed in the case, and for the investigating judge to clarify the Center’s position. It also demands guarantees so that all Egyptian jurists can enjoy all their civil rights.

Director of the Arab Network for Human Rights Information, Jamal Eid, described the closure of the case as “a theoretical correction of a major mistake that lasted for nearly 13 years without legal support and any serious evidence that reinforces the accusations that have been directed at most organizations working in the field of human rights and civil society.”

He told Al Jazeera Net that there are "doubts about closing this case permanently, in light of what is reported about it not being preserved against some human rights centres," wondering: "Will this theoretical closure translate into a practical matter, and lift the grievances against dozens of human rights organizations, activists and workers in this field?" ?

Activists who were harmed by this case suffered from travel bans, confiscation of assets, and prevention from obtaining powers of attorney or conducting any financial transactions, in addition to restrictions on human rights organizations and the closure of affiliated libraries, such as Al Karama libraries.

I learned that I was prevented from traveling at Cairo Airport 8 years and a month ago,

I learned that there was a decision to seize my accounts from the newspapers 8 years ago,

I learned today that the case was closed, from the media!!

I hope there will be a serious decision to correct a mistake and return to the law.

And the true joy of the return of all the innocent and oppressed people to their families and loved ones.

Thanks for any sincere effort...

- Gamal Eid (@gamaleid) March 20, 2024

Human rights activist Gamal Eid suffered a share of these damages, as he was attacked by unknown persons near his office, suspected of belonging to the security services. He says, “I personally want to remove these restrictions, so that I can renew my bank account and conduct financial transactions to support human rights activities.”

He pointed out that everyone "does not realize whether these restrictions have been removed yet or not, and when they are removed, it will then be possible to determine whether this error has been corrected or not." He ruled out that the closure of the case was an indication of the possibility of a breakthrough regarding the work of civil society institutions during the next stage, denying the existence of any “political will” for this breakthrough to occur, which requires “settling a number of problems.”

Among these problems, Gamal Eid adds, are the presence of thousands of political detainees in prisons, hundreds of thousands of forced expatriates abroad, and thousands of people banned from traveling, and as long as these files remain open, “it is not possible to talk about a breakthrough,” in his estimation.

He pointed out the necessity of providing a legislative environment that does not restrict the work of these organizations, such as the Criminal Procedure and Penal Code, explaining that the Penal Code does not regulate the issue of travel bans, while it includes severe sentences that may reach life, in addition to that there is no guarantee that this case will not be repeated, “in “The justice apparatus continues to suffer from the abuse of power, which puts its independence at risk.”

Deal

For his part, the former Secretary-General of the National Council for Human Rights, Abdullah Al-Ashaal, linked the closure of the file of civil society institutions to the generous support provided by the European Union to the Egyptian government in the form of billions in loans.

Al-Ashaal did not rule out the presence of pressure from the Union on the Egyptian government to close this file, and to extract pledges that may or may not be implemented to ease the pressure on civil society institutions and human rights institutions.

He explains that the travel of about 15 American and European activists took place in 2012 under American pressure following a phone call between Obama and Field Marshal Hussein Tantawi, as Egypt responded positively to the American demands without taking into account the court rulings banning travel.

Al-Ashaal suggested that the Egyptian regime could use closing this file to improve its human rights record, pointing out to Al Jazeera Net that the pressures on the regime have decreased over the past years due to recent developments, the most recent of which was the Gaza war, in light of its desperate need for Western aid to avoid a recurrence of the dollar crisis in the foreseeable future. .

Egyptian political analyst Ammar Ali Hassan shared his opinion about the role of recent European aid in pushing the Egyptian regime to close the file of civil society organizations, and that it may be one of the conditions for the International Monetary Fund to conclude a huge financing deal to save the regime from the economic crisis that has bedeviled it in recent years.

Ali Hassan hoped that the next stage will witness a breakthrough in the Egyptian government’s dealings with civil society organizations and human rights institutions, stressing to Al Jazeera Net that there are no indications of easing the regime’s grip on these organizations during the next stage.

He added that closing this file may be merely a tactical move by the Egyptian government to remove any obstacles preventing the smooth arrival of European and international aid. He expressed his hope that the decision would be translated into the legal status of these institutions and the restrictions imposed on activists.

Source: Al Jazeera