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B8-1402/2015
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MOTION FOR A RESOLUTION on the case of Ibrahim Halawa potentially facing the death penalty

15.12.2015 - (2015/3016(RSP))

with request for inclusion in the agenda for a debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 135 of the Rules of Procedure

Ignazio Corrao, Fabio Massimo Castaldo, David Borrelli, Rolandas Paksas on behalf of the EFDD Group

See also joint motion for a resolution RC-B8-1402/2015

Procedura : 2015/3016(RSP)
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B8‑1402/2015

European Parliament resolution on the case of Ibrahim Halawa potentially facing the death penalty

(2015/3016(RSP))

The European Parliament,

– having regard to its previous resolution of 8 October 2015 on the death penalty,

 

– having regard to its previous resolution of 15 January 2015 on the situation in Egypt

 

– having regard to the Statement by the High Representative/Vice-President Federica Mogherini of the 16 May 2015 on Court sentences in Egypt, and especially her concerns on the use of capital punishment,

 

– having regard to the concerns expressed on mass death sentences by the group of United Nations human rights experts in many cases (such as the 31 March 2014 or the 9 February 2015),

 

– having regard to the Constitution of Egypt, notably the articles 51, 52, 53, 54, 55, 65, 75, 93, 95 and 96, regarding personal freedoms, human rights and due process;

 

– having regard to the Review of the European Neighbourhood Policy (Joint Communication) of the 18 November 2015, and especially its chapter IV ("Good governance, democracy, rule of law and human rights"),

 

– having regard to the International Covenant on Civil and Political Rights (ICCPR) of 1966,

 

– having regard to Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,

 

– having regard to the African Charter on Human and Peoples' Rights of 1986,

 

– having regard to the Universal Declaration of Human Rights of 1948,

 

– having regard to Rule 135 of its Rules of Procedure,

 

 

 

 

A. Whereas fundamental freedoms, the protection of youth, the right of a due process and the respect of human rights conventions are enshrined in the Constitution of Egypt, in many treaties and conventions that Egypt has signed and these rights are the cornerstone of every democracy;

 

B. Whereas the political and internal situation of Egypt is difficult, mainly following the 2011 events but also due to a prolonged situation of political instability, military governments, riots and civil disorders;

 

C. Whereas since the military takeover of 2013 Egypt has witnessed many large scale campaigns against journalists, human rights activists, religious minorities, dissidents, students and political opponents;

 

D. Whereas many of these campaigns have been directly or indirectly supported or at least not impeded by the Egyptian Government and its authorities, leading to many cases of censorship, intimidation, abuses, harassment, arbitrary detentions and arrests, as well as many deaths during civil disorders, rallies and streets protests;

 

E. Whereas mass arrests and arbitrary detentions are still very common in Egypt, despite the government's pledges for a different management of internal security and justice and notwithstanding the new provisions of the 2014 Constitution;

 

F. Whereas the Egyptian authorities are tightening the space for freedom of expression and assembly and they are instead pursuing a systematic crackdown of NGOs, activists and protesters, usually accusing them of subversion or terrorism;

 

G. Whereas Ibrahim Halawa, an Irish citizen, has been arrested along with his three sisters, in the chaos of a protest in Cairo in August 2013 and after the use of live fire and tear gas by the security forces, and has been hit by a gunshot to his hand;

 

H. Whereas Ibrahim Halawa, despite been 17 years old in 2013, has been held in an adult prison and has been subjected to torture, and cruel, inhuman, and degrading treatments, including beatings with whips and chains, blindfolding, periods in solitary confinement, and taunts;

 

I. Whereas in May 2015, Egypt executed five individuals, including one who was the same age as Ibrahim;

 

J. Whereas Ibrahim Halawa was denied proper medical attention for the gunshot wound received to his hand at the time of his arrest and he has been held in unsanitary cells, overcrowded with other detainees without access to proper toilet facilities;

 

K. Whereas Ibrahim Halawa has now spent more than two years in prison facing these extreme conditions, over a year of this without having been charged, in serious violation of his right to a speedy trial and of the Egyptian law which protects such right;

L. Whereas Ibrahim Halawa faces a mass trial along with 493 others, the majority of whom are adults, and they are charged with attending an illegal protest during which protesters allegedly caused deaths and criminal damage;

 

M. Whereas Ibrahim Halawa and the other 493 are being held jointly responsible for these offences, despite the total lack of evidence linking Ibrahim Halawa to these crimes;

N. Whereas Ibrahim Halawa 's trial has been postponed multiple times, most recently on 4 October 2015, meaning that he has spent in jail more than two years without having justice or a fair trial;

O. Whereas Ibrahim Halawa could also face death penalty at the end of the trial;

 

 

1. Is deeply worried and concerned by the arbitrary detention of an Irish citizen, Ibrahim Halawa, and by the constant and systematic denial of his basic and fundamental rights, such as personal freedoms, health, prevention from torture and other physical and mental abuses and the right of a fair trial;

 

2. Calls for an immediate release of Ibrahim Halawa, considering that after more than two years of postponed trials and arbitrary imprisonment there are no evidences of any involvement of Ibrahim Halawa in the 2013 disorders in Cairo;

 

3. Is deeply worried by the health conditions of Ibrahim Halawa, both physical and mental, due to the frequent beating and harassment and following the hunger strike made by Ibrahim Halawa in 2014;

 

4. Calls on the judicial authorities of Egypt to speed up the trial of Ibrahim Halawa and his 493 co-detainees in order to restore justice and end, as soon as possible, his arbitrary detention;

5. Calls on the Egyptian Government to implement the provisions of his Constitution regarding Ibrahim Halawa's personal freedoms and to provide him an adequate compensation due to the systematic violation of his basic rights in these two years of arbitrary detention;

 

6. Denounces the prolonged state of internal violence in Egypt, and the constant repression against Egyptian NGOs, human rights activists, the opposition and, in general, people who are just protesting against the government or its authorities;

 

7. Deplores the tightening of security, the repressive measures constantly implemented by the security authorities, and the general harassment of civil society;

 

8. Urges the Government of Egypt to reform the judicial and the security system in order to avoid abhorrent practices such as abuses in jails, arbitrary detentions, unlimited imprisonments and especially the use of death penalty;

 

9. Calls on the EEAS and the Irish Consular authorities to monitor the conditions of Ibrahim Halawa and to provide him all the possible support and assistance;

10. Calls on the EEAS and the Irish Consular authorities to consult regularly the Egyptian authorities in order to end as soon as possible the arbitrary detention of Ibrahim Halawa;

 

11. Condemns the general situation of violence and disorder in Egypt and calls to the EEAS and the other European institutions to assist the Egyptian government, also through special programmes, in recovering the internal situation and restore democracy and rule of law;

 

12. Is deeply worried by the possibility that Ibrahim Halawa, despite his young age when he was arrested, could face the death penalty, and calls on the Egyptian authorities to abolish as soon as possible the use of capital punishment;

 

 

13. Reminds that Egypt is a long-stand partner of the European Union and that the EU and the Egyptian government should cooperate to avoid further repression in Egypt and facilitate its transition to democracy;

 

14. Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States, to the government and parliament of Egypt and to the African Union.