From: International Network on Juvenile Justice 

<[email protected]> 

PRESS RELEASE - 30 October 2001 

EGYPT:

DEMAND THE RELEASE OF  JUVENILE imprisoned for alleged 

sexual orientation 

Amnesty International, Defence for Children International, Human Rights 

Watch and the International Federation for Human Rights deplored the 

conviction and jailing of a 16-year-old Egyptian boy on charges of "obscene 

behaviour". The four international human rights organizations urged for 

his immediate and unconditional release. 

On 31 October Cairo Juvenile Court will hear the appeal case of 

16-year-old Mahmud. He was sentenced to three years' imprisonment on 18 

September following his arrest in May for alleged homosexual behaviour. 

During the initial two weeks of detention he was denied the fundamental 

right to meet his family or be seen by a lawyer. Confessions extracted 

from Mahmud during that period were used as evidence in a trial leading 

to his conviction. His lawyer claims that these confessions were 

extracted under pressure and they were later withdrawn. 

"We are extremely concerned about the conviction and harsh sentencing 

of a child for his alleged sexual orientation", Amnesty International, 

Defence for Children International, Human Rights Watch and International 

Federation for Human Rights said today. The organizations said that 

disregard for basic safeguards in detention is extremely dangerous and put 

Mahmud at serious risk of human rights violations. 

"We are seriously concerned that this child was interrogated in 

violation of international standards. Such confessions should not have been 

allowed as evidence before the court." 

According to Article 37 (d) of the UN Convention on the Rights of the 

Child to which Egypt is a State Party: "Every child deprived of his or 

her liberty shall have the right to prompt access to legal and other 

appropriate assistance ...". 

The case of Mahmud is related to the trial of 52 alleged gay men on 

charges of "obscene behaviour". They are being tried before an exceptional 

court - based on emergency legislation - which does not allow for the 

right to an appeal in violation of international human rights law. The 

men reported during sessions at the State Security Prosecution Office in 

May that they had been subjected to torture and ill-treatment during 

pre-trial detention, in particular during the first days after their 

arrest. No thorough and impartial investigation is known to having been 

conducted into these allegations. 

Amnesty International, Defence for Children International, Human Rights 

Watch and International Federation for Human Rights have sent a trial 

observer to Egypt who will attend the hearing before Cairo Juvenile 

Court on 31 October 2001. 

BACKGROUND 

Mahmud was reportedly arrested on 10 May at about 11pm on Ramsis Street 

in the center of Cairo. He was first held at al-Azbekiya police 

station, before being transferred to the State Security Intelligence 

Department in the Misr al-Gadida district of Cairo. There he was questioned in 

connection with investigations against a group of more than 50 other 

detainees suspected of consensual sexual activities with persons of the 

same sex. On 12 May Mahmud and the others were brought before the State 

Security Prosecution that ordered their detention pending 

investigations. For more than four months Mahmud was detained at Tora Prison 

together with adults. Following his conviction on 18 September he was 

transferred to a Juvenile Punitive Institution in al-Marg near Cairo. 

The UN Convention on the Rights of the Child (CRC) provides clear 

guidelines for the protection of children in detention. Article 37 (c): 

"Every child deprived of liberty shall be treated with humanity and respect 

for the inherent dignity of the human person, and in a manner which 

takes into account the needs of persons of his or her age. In particular, 

every child deprived of liberty shall be separated from adults unless 

it is considered in the child's best interest not to do so ...". 

International standards give clear guidelines for proceedings in 

connection with juveniles in pre-trial detention. According to Article 37 (d) 

of the CRC: "Every child deprived of his or her liberty shall have the 

right to prompt access to legal and other appropriate assistance, as 

well as the right to challenge the legality of the deprivation of his or 

her liberty before a court or other competent, independent and 

impartial authority, and to a prompt decision on any such action." 

According to Article 15 of the UN Standard Minimum Rules for the 

Administration of Juvenile Justice ("The Beijing Rules"): "(15.2.) The 

parents or the guardian shall be entitled to participate in the 

proceedings and may be required by the competent authority to attend 

them in the interest of the juvenile...". 

Article 40.2 b (iv) of the CRC stipulates that no child shall "be 

compelled to give testimony or to confess guilt". 

Mahmud spent over four months in pre-trial detention, although Article 

37 (b) of the CRC stresses that deprivation of the liberty of a child 

should "be used only as a measure of last resort and for the shortest 

appropriate period of time". Similar provisions are included in the UN 

Standard Minimum Rules for the Administration of Juvenile Justice and the 

UN Rules 

for the Protection of Juveniles Deprived of their Liberty. 

On 18 July 2001 the Emergency State Security Court for Misdemeanours 

opened trial against 52 alleged gay. This is an exceptional court based 

on emergency legislation which does not allow for the right to appeal in 

violation of international human rights law. All defendants are charged 

with "obscene behaviour" and two are facing additional charges of 

expressing "contempt for religion". The verdict in this case has been 

scheduled for 14 November 2001. 

(For further background on this case please refer to previous 

statements: Amnesty International: Egypt: Concerns over detention 

of alleged gays, 8 June 2001, AI Index: MDE 12/015/2001; Human 

Rights Watch: Egypt: Emergency Court Trials for Homosexuality Suspects, 

4 July 2001) 

Basic international safeguards for the protection of detainees, 

including children, are frequently violated in Egypt. 

For more information, contact: 

Defence for Children International 

attn. Ms. Helen Bayes, Secretary General 

1 Rue du Varembe 

P.O. Box 88 

CH- 1211 Geneva 20 

Switzerland 

Tel: + 41 22 734 05 58 

Fax: + 41 22 740 11 45 

E-mail: [email protected] 

Website: www.defence-for-children.org