A/HRC/44/50/Add.4
111.
OL 11/09/2019
Case no: TUN 5/2019
State State: 20/11/2019
Informations concernant le projet de loi sur le droit de réunion pacifique en
remplacement de la loi n. 196-4 de 1969
Responses to communications
112. During the present reporting period, the Special Rapporteur sent 27 communications
to 12 countries in the Middle East and North Africa region, receiving responses to 15 of them.
The response rate for the region was 55 per cent, a considerable increase from the response
rate noted in the previous reporting period. The Special Rapporteur encourages States to
continue their engagement with his mandate and looks forward to receiving responses to the
other communications in the near future.
Freedom of peaceful assembly
113. This report provides observations to communications sent by the Special Rapporteur
concerning the right to freedom of assembly to Algeria, Egypt, and Mauritania. He thanks
the Governments of Algeria, Egypt and Mauritania, for their replies dated 20 April 2020, 08
April 2020, and 24 April 2020 respectively, and looks forward to receiving a response to the
remaining communications sent to Governments of Algeria, and Egypt. The Special
Rapporteur hopes to receive these replies soon and looks forward to a constructive
engagement with these governments.
114. In Algeria, M. Slimane Hamitouche, a member of the national coordination of
disappeared families was violently arrested and detained on 7 March 2020. At the police
station, he was severely beaten and blamed for continuing to protest despite previous
warnings to him. He had been interrogated on numerous occasions for his activities related
to the association of families of the disappeared. Mr. Hamitouche was subject of previous
communications sent to the State about him, in particular DZA 4/2010, DZA 2/2012, and
DZA 3/2016. The Special Rapporteur thanks the Government of Algeria for its response
dated 20 April 2020, however he regrets that no translation of the response was available at
the time of writing and therefore the content of the response could not be analysed.
115. In Egypt, the Special Rapporteur remains preoccupied at the arrest, detention and
prosecution under terrorism-related charges of human rights defenders, critics and
peaceful protesters for the exercise of their rights to freedom of expression and peaceful
assembly. Mr. Mostafa Maher Ibrahim Tantawi and Mr. Haytham Mohamadein, both human
rights defenders, were arrested in May 2019 and detained under charges such as “aiding a
terrorist organisation in achieving its goals”, “calling for illegal protests” and “misuse of
social media”. These arrests were preceded by a wave of mass arrests during March 2019, of
at least 196 individuals, on the basis of their suspected intention to engage in demonstrations
denouncing the Egyptian Government’s role in and response to the accident which took place
in Ramses Station in Cairo on 27 February 2019. Large numbers of those arrested were
subjected to periods of incommunicado detention at unknown locations, potentially
amounting to enforced disappearances.
116. These periods varied between 3 and 20 days. In several of the cases, torture and other
ill-treatment occurred, including beatings, the use of electric shocks, hanging in stress
positions and sexual assault. The Special Rapporteur raised strong concern that the judicial
processes to which they were subjected were directly connected to their legitimate human
rights work and that they stand as emblematic cases within broader wave of arrests, which
appear to be aimed at restricting the rights of freedom of peaceful assembly and freedom of
expression in Egypt and to form part of the continuing shrinking of civic space in the country.
The Special Rapporteur wishes to invite the State to enhance its engagement with Special
Procedures and provide a reply to communications pending one.
117. The Special Rapporteur also expressed concern over the arrest of 15 individuals for
organising and participating in a peaceful assembly, including Mr. Mohamed Ould Hayda,
Mohamed Ould Jedou, Ahmed Mohamed El Moctar, Mohamed Abarrahmane Haddad, and
{…}. Some of the participants in this assembly were members of organisations promoting
separation of State and religion in Mauritania. The individuals mentioned above were at risk
of execution based on article 8 of law N°64.098 of June 1964 on associations and article 306
26
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents