Joint Statement MAPIM and SHURA
18 th December 2014
CALL TO REVOKE RED NOTICE ON QARADHAWI BY INTERPOL
The Malaysian Consultative Council of Islamic Organization ( MAPIM ) and Secretariate for the Assembly of Ulama of Asia ( SHURA ) register our strong protest against the International Criminal Police Organization (INTERPOL) who has issued a Red Notice on the 4th of December 2014 for the arrest of Dr Yusof Qaradhawi , the president of the International Union of Muslim Scholars and Wajdy Ghoneim, in charges related to incitement to violence and committing terrorist acts.
The notice on Qaradhawi was a reaction from the request by the Egyptian authorities on allegation of “Agreement, incitement and assistance to commit intentional murder , helping the prisoners to escape, arson, vandalism and theft.”
While Sheikh Wagdy Ghoneim is wanted for participating in “crimes of violence, murder, kidnapping, torture and possession of a firearm without license.”
We believe that the Egypt regime mooted the request in attempt to wipe out its political opponent by implying that they have been involved in terrorist related activities , though no evidence has been produced.
On the contrary the Egyptian regime have been proven to have and is still executing gross human rights violation to suppress the rising political resentment. Documentation of the political repression in Egypt, the spread of torture and enforced disappearances, and the politicization of the judiciary are even compiled by the UN and human rights organizations.
Amendments of existing laws since 3rd of July coup, was seen as an attempt to allow the regime to criminalize 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 has banned the Muslim Brotherhood (MB) declaring it a terrorist organization without any legal justification.
The regime has branded terrorist even to journalists and media networks, voicing an opinion opposed to the regime . 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.
Within the last year alone , the AOHR UK reported that 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. More than 118 political detainees when prisons have become torture cells.
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.
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.
This record of atrocities and violations, documented by the UN and human rights organizations, is undeniable facts and evidences that the Red Notice issued for the arrest of Syeikh Qaradhawi and others political opponents is a huge mistake. It will only serve to embolden the Egyptian authorities to commit more crimes and bestow legitimacy on their human right violations.
We remind the 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.
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.”
Dr. Yusof 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 Qaradhawi 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.
Mohd Azmi Abdul Hamid , President MAPIM
Abdul Ghani Samsudin , Chairman of SHURA
