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Motion for a resolution - B8-1405/2015Motion for a resolution

    MOTION FOR A RESOLUTION on 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

    Marian Harkin, Pavel Telička, Ramon Tremosa i Balcells, Maite Pagazaurtundúa Ruiz, Frédérique Ries, Filiz Hyusmenova, Marielle de Sarnez, Izaskun Bilbao Barandica, Petras Auštrevičius, Beatriz Becerra Basterrechea, Marietje Schaake, Dita Charanzová, Martina Dlabajová, José Inácio Faria, Nathalie Griesbeck, Antanas Guoga, Ivan Jakovčić, Petr Ježek, Kaja Kallas, Louis Michel, Urmas Paet, Robert Rochefort, Hilde Vautmans, Paavo Väyrynen, Cecilia Wikström, Ivo Vajgl, Jozo Radoš on behalf of the ALDE Group

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

    NB: This motion for a resolution is available in the original language only.
    Procedure : 2015/3016(RSP)
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    European Parliament resolution on Ibrahim Halawa, potentially facing the death penalty


    The European Parliament,

    - having regard to its previous resolutions on Egypt, in particular that of 15 January 2015 on the situation in Egypt and that of 8 October 2015 on the death penalty,


    - having regard to the EU-Egypt Association Agreement of 2001, which entered into force in 2004, supplemented by the EU-Egypt Action Plan of 2007, having regard to the ENP Country Progress Report 2014 on Egypt of 25 March 2015,


    - having regard to the Joint Declaration of 10 October 2015 by the European Union High Representative for Foreign Affairs and Security Policy, Federica Mogherini, on behalf of the EU, and the Secretary General of the Council of Europe, Thorbjørn Jagland, on the European and World Day against the Death Penalty,


    - having regard to the EU Guidelines on the Death Penalty and Torture and other forms of ill-treatment,


    - having regard to the International Covenant on Civil and Political Rights of 1966, the UN Convention on the Rights of the Child and the UN convention against Torture to which Egypt is a party,


    - having regard to the Constitution of the Arab Republic of Egypt, notably Articles 54, 55, 73, 96 and 98;


    - having regard to Egyptian Law 107 on the Right to Public Meetings, Processions and Peaceful Demonstrations of 24 November 2013,


    - having regard to the presidential decree of December 2014, which allows foreign nationals charged with criminal offence to be returned to their home country


    - having regard to Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa; having regard to the African Charter on Human and Peoples' Rights


    - having regard to Rule 135 of its Rules of Procedure



    A. whereas Irish citizen Ibrahim Halawa has been detained for more than two years on charges of attending an illegal protest on 16 and 17 august 2013 while on a family holiday in Cairo during which protesters allegedly caused deaths and criminal damage; whereas 97 people died in these protests, most as a result of excessive use of force by security forces; whereas Ibrahim Halawa was 17 years old - thus still a juvenile under the Egyptian and international law - at the time of his arrest;


    B. whereas the prosecutor has failed to provide evidence that Ibrahim Halawa was involved in a single act of violence during the protests; whereas the prosecutor has depended entirely on police witnesses and reports, and investigations by intelligence services; whereas his trial has been repeatedly postponed and adjourned by the Egyptian Court; whereas Ibrahim awaits a mass, trial without guarantee of the minimum standards of a free and fair trial, along with 493 individuals on 15 December 2015 and faces the death penalty if convicted;


    C. whereas Ibrahim Halawa is being detained for peacefully exercising his rights to freedom of expression and assembly and is considered by Amnesty International as a prisoner of conscience; whereas the freedom of expression and assembly are indispensable pillars of a democratic and pluralist society; whereas Article 73 of the Egyptian Constitution declares that citizens shall have the right to organise public meetings, marches, demonstrations and all forms of peaceful protest;


    D. whereas Ibrahim Halawa faces extremely harsh prison conditions that include allegations of torture and other cruel, inhuman and degrading treatment upon arrest and in detention as well as being denied medical and legal assistance; whereas Ibrahim Halawa has been on hunger strike in protest at his continued detention since 21 October 2015 thus seriously endangering the state of his health;


    E. whereas the Egyptian Cairo North Prosecution Services and the Court have failed to recognize Mr. Halawa as a juvenile at the time of his arrest, in violation of the obligations incumbent to the Egyptian authorities under the Convention on the Rights of the Child to which Egypt is a State Party;


    F. whereas any sentence inflicting the death penalty on people under the age of 18 at the time of the offence, and execution, are incompatible with Egypt’s international obligations;


    G. whereas Egypt has released a number of foreign nationals under a Presidential Decree issued in November 2014 that allows foreigners charged with a criminal offence to be deported to their home country.


    H. whereas to date, Egypt has failed to implement the Provisional Measures requested by the African Commission on Human and Peoples’ Rights in March 2015 to guarantee the integrity of Ibrahim Halawa and the other juveniles’ in the case by releasing them immediately on bail; to investigate Ibrahim Halawa and all others’ allegations of torture and ill-treatment; to accord Ibrahim Halawa and other juveniles with their right to be treated as juveniles in conflict with the law; and to provide assurances that the death penalty will not be sought against all the defendants in the case, including Mr. Halawa;


    I. whereas the EU continues to condemn in the strongest manner the application of the death penalty and the application of cruel and inhumane punishment all over the world; whereas the EU is the leading institutional actor and largest donor to the fight against the death penalty and is committed towards moratorium as a first step towards abolition of the death penalty worldwide;


    1. Expresses its deep concern about the unacceptable breach of basic human rights arising from the arbitrary detention of Irish citizen Ibrahim Halawa and calls on the Egyptian authorities to immediately and unconditionally release him to the Irish authorities.


    2. Expresses alarm at the detention conditions of Mr. Halawa and the reports of serious abuse against him, as well as at his prolonged hunger strike; calls on the prison authorities to allow full medical access.


    3. Reminds the Egyptian authorities that Egypt is bound by undisputable international obligations under the Convention on the Rights of the Child as they apply to Mr Halawa to cease seeking the death penalty for alleged crimes committed as a juvenile.


    4. Is extremely concerned about the failure of the Egyptian authorities to uphold the right to a fair trial of Mr. Halawa and his 493 other co-defendants, in particular the lack of opportunity to review or challenge their continued detention and the charges against them and repeated denial of access to lawyers, as well as the excessive pre-trial detention period which violates Egyptian domestic and international obligations.


    5. Calls on the Egyptian authorities to abide by international law and to safeguard the highest international standards with regard to the right to a fair trial and due process and calls on the Egyptian authorities to release all those detained for peacefully exercising their rights to freedom of expression, assembly and association as enshrined in the Egyptian constitution and other international conventions to which Egypt is a party.


    6. Encourages representatives of the EU Delegation and the embassies of EU Member States in Cairo to attend politically sensitive trials of Egyptian and foreign detainees; calls on the EEAS to continue to raise and monitor this case at the highest level of its dialogue with Egypt.


    7. 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 Office of the UN High Commissioner for Human Rights, the parliaments and governments of the Member States, and the President of the Arab Republic of Egypt and his interim government.