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We call on INTERPOL to revoke the Red notice against DR Alqaradawi

We call on INTERPOL to revoke the Red notice against DR Alqaradawi

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This petition has been created by aohr U. and may not represent the views of the Avaaz community.
aohr U.
started this petition to
the International Criminal Police Organization (INTERPOL)

With great regret the International Criminal Police Organization (INTERPOL) issued a Red Notice on the 4th of December 2014 for the arrest of Yousf Alqaradawi, the president of the International Union of Muslim Scholars, Wajdy Ghoneim, in charges related to incitement to violence and committing terrorist acts.

According to the Red Notice, Dr. Alqaradawi, 88 years, is wanted by the Egyptian authorities on the following charges “Agreement, incitement and assistance to commit intentional murder , helping the prisoners to escape, arson, vandalism and theft.”

Sheikh Wagdy Ghoneim, 63, is wanted for participating in “crimes of violence, murder, kidnapping, torture and possession of a firearm without license.”

The UN and scores of human rights organizations have documented the rising political repression in Egypt, the spread of torture and enforced disappearances, and the politicization of the judiciary which has in the last year alone sentenced hundreds to death following trials that lacked fairness, transparency or due process. Egyptian authorities have also launched fierce campaigns to vilify their opponents and implicate them in terrorist-related charges without a shred of evidence.

In the aftermath of the 3rd of July coup, the Egyptian government approved a number of amendments to existing laws. The changes were widely criticized by the UN and human rights organizations which described the new laws as an attempt to mold charges to fit the regime’s agenda by criminalizing rights such as press freedoms, freedoms of expression, and right to peaceful assembly which have been protected by the Universal Declaration of Human Rights.

The post-coup government issued a number of administrative decisions outlawing the Muslim Brotherhood (MB) which had won the majority of votes in Shura Council and People’s Council elections and whose candidate won the presidential elections. The government declared the MB a terrorist organization without any legal justification, rendering membership in or support for the MB a punishable crime. A number of other government decisions banning the activities of several other parties and political movements opposed to the coup such as the 6 April movement and Al-Istiklal Party.

Anyone, including journalists and media networks, voicing an opinion opposed to the regime is immediately branded a terrorist. Three Al-Jazeera journalists were sentenced to between 7 and 10 years in prison for covering the news in a manner that contradicted the official version of the events.

Arbitrary arrests did not spare anyone including women and children. It is estimated that more than 28,000 Egyptians, including 522 women, 926 minors, 180 doctors, 166 journalists and 234 lawyers have been arrested in the past year alone (see attached AOHR UK report).

Egyptian prisons where torture and inhumane conditions are rampant have been transformed into graves for the living. More than 118 political detainees have died in prisons and detention centers since the 3rd of July 2013 military coup.

Authorities have also committed several massacres (Rabaa, Al-Nahda, and Al-Manassa massacres) in which thousands of innocent people were killed or injured. No effort has ever been made to seek justice for the victims.

Egyptian judicial system has all but fallen apart as evidenced by the very harsh sentences (mass death sentences, life in prison) issued against political opponents who are denied fair trials and legal representation. On the other hand, former president Hosni Mubarak and his aides have been found not guilty of killing hundreds of Egyptians during the January 2011 revolution while coup security forces continue to act with full impunity as no attempts have been made to bring to justice any officers implicated in the killing of thousands of Egyptians during crackdowns on peaceful demonstrations and at prisons and detention centers as a result of torture and denial of medical care.

This record of atrocities and violations, documented by the UN and human rights organizations, is incontrovertible evidence that the Red Notice issued for the arrest of Sheik Alqaradawi and others political opponents is a huge mistake that will only serve to embolden the Egyptian authorities to commit more crimes and bestow legitimacy on their human right violations. It is also worth noting that officials at Interpol are in breach of article (3) of The International Criminal Police Organization general regulations which stipulate that the Interpol, which is bound by the spirit of the Universal Declaration of Human Rights, “is strictly forbidden…to undertake any intervention or activities of apolitical, military, religious or racial character.”

Issuing a Red Notice for the arrest of prominent figures in cases best described as bogus and farcical will throw Interpol’s trustworthiness into doubt and raise questions about its ability to remain impartial.

The charges leveled against those included in the Red Notices are baseless and devoid of any legal value since they are the same allegations leveled against tens of thousands of Egyptians, some of whom had been sentenced to death.

Charges of incitement contained in the Red Notice require certain conditions to qualify as a crime since incitement consists of persuading, encouraging, instigating, pressuring, or threatening so as to cause another to commit a crime. The inciter must intend the others to engage in the behavior constituting the offence, including any consequences which may result, and must know or believe or suspect that those others will have the necessary means to carry it out.

The incitement must be serious, explicit and direct such as issuing orders, making payments, providing others with weapons, or explicitly asking them to commit a certain crime. No statement shall be construed to reflect incitement if it does not explicitly carry the meaning of incitement. When these conditions are applied to the Red Notices issued by Interpol, it becomes evident that all the statements made by those wanted by the Egyptian Authorities are of the political kind and contain views opposed to the military coup and the crimes committed by the Egyptian regime. None of these statements constitute a crime in accordance with international and human rights laws.

According to article 33 of the 1951 Geneva Refugee Convention and the additional 1967 protocol “No Contracting State shall expel or return (“refouler”) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, member- ship of a particular social group or political opinion.”

Paragraph (1) of Article (3) of the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment stipulates that “No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.”

Customary international law stipulates that any country filing for the extradition of an individual must provide incriminating evidence of involvement in terrorist activities as defined by international law. The current political climate in Egypt and the politicization of the judiciary render any evident suspect since anyone opposed to the military coup is branded terrorist.

Dr. Yousf Alqaradawi is a prominent scholar with a distinguished record of rejecting all forms of extremism. His teachings have centered on the importance of embracing moderation and tolerance nor has he expressed any criminal views. The arrest warrant stems from the fact that he has been outspoken about his condemnation of the military coup in Egypt and the human rights violations that have ensued.

The International Criminal Police Organization (INTERPOL) is urged to comply with its own rules and regulations and the provisions of international law by withdrawing the Red Notices issued upon the request of the Egyptian judiciary and Public Prosecutor.

We call upon INTERPOL to revoke the Red Notices issued for the arrest of Alqaradawi and Ghoneim and refuse to give in to pressures from any side if INTERPOL wishes to safeguard its reputation, integrity and impartiality. This is especially important at a time when Egyptian authorities are fabricating bogus criminal charges to pursue its opponents.

Posted (Updated )