The Egyptian authorities have finalised arrangements for the refoulement of two Eritrean refugees who have been detained in a high security prison for close to 10 years.
Alem Tesfay Abraham and Kibrom Adhanom have been detained arbitrarily in Al Qanater prison near Cairo since 2012 and 2014 respectively where they have been held incommunicado, without due legal process, and under harsh conditions for 9 and 7 years respectively. The Egyptian authorities have repeatedly ignored the UNHCR’s request for access to assess and provide protection to the two detainees.
On 9th September 2021 Alem and Kibrom were taken to an immigration office, beaten, and forced to sign documents in Arabic, a language which neither read or understand, and so had no idea what they were signing. It appears, however, that they may have been forced to declare in writing that they were not subjected to ill-treatment throughout their time in detention. In reality, these refugees have been beaten, tortured, starved, and held in solitary confinement. They also had their hands and feet shackled and been left in direct sunlight for hours while in Al-Qanater prison.
It is now clear that the Egyptian authorities have managed to obtain travel documents from the Eritrean Embassy in Cairo. They have also completed COVID-19 Tests for the two detainees, and plan to forcibly return them to Eritrea over the weekend of 11th-12th September, where they face grave risk of imprisonment, torture, abuse and indefinite period of slavery, and a substantial risk of execution. This proposed refoulement of refugees to the country they have fled from in fear is in flagrant breach of Egypt’s legal obligations under several UN treaties.
Article 13 of the Universal Declaration of Human Rights guarantees that “everyone has the right to freedom of movement” and “the right to leave any country, including his own.” These two men have simply exercised this right.
Egypt is party to the 1951 UN Refugee Convention relating to the Status of Refugees (and its 1967 Additional Protocol) and is also a signatory to the African Union Convention Governing the Specific Aspects of Refugee Problems in Africa. Under these Conventions, Egypt is duty bound to make every effort to protect the rights and ensure the safety of asylum-seekers and refugees in need of protection, of whatever nationality. Article 91 of the country’s 2014 Constitution provides that political asylum must be available to anyone who has been persecuted.
The very real danger of these returnees being tortured once they are in Eritrea renders their forcible return in direct contradiction with Egypt’s commitments under Article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), which provides that no state shall expel, return (“refouler”) or extradite a person to another state where there are substantial grounds for believing that he or she would be in danger of torture or cruel, inhuman and degrading treatment.
The Egyptian government is legally bound to uphold all the international conventions it has signed or ratified, including the Convention Relating to the Status of Refugees and the Convention against Torture.
Human Rights Concern –Eritrea (HRCE) is in duty bound to highlight the flagrant breaches of international law by the Egyptian authorities in the actions already taken and those being contemplated in the immediate future.
HRCE appeals to the United Nations bodies and all governments of civilised and democratic UN member states to intervene urgently and remonstrate with the Egyptian government at the highest levels to halt this proposed illegal deportation of Alem Tesfay Abraham and Kibrom Adhanom.
HRCE appeals to all news and media agencies to publicise immediately and widely the treatment these refugees have experienced in Egypt and the illegal actions being contemplated by the Egyptian Immigration authorities.
Human Rights Concern – Eritrea (HRCE)
