President Sisi’s Pardon of Detainees in the 'Right of Return' Case Is a Step in the Right Direction and Should Be Fostered with a Comprehensive Vision to Redress a Decade of Severe Violations

The Sinai Foundation for Human Rights welcomes the presidential decision issued this morning, Tuesday, December 24, to pardon 54 individuals accused in Case No. 80 of 2023, Military Prosecution, known in the media as the “Right of Return” case. The Foundation considers this a step in the right direction. However, it urges the dismissal of charges against eight other detainees, including journalists, who were not included in the pardon. These individuals have been subjected to unjust military court sentences of 10 years in prison, and the Foundation calls for the final closure of a case marred by significant legal and procedural violations. 

The pardon issued today by President Abdel Fattah El-Sisi halts the execution of sentences ranging from three to ten years, which were handed down by a military court on Saturday, December 14th. The sentences targeted 54 civilians from North Sinai, including tribal leaders and activists, following peaceful protests demanding their right to return to lands from which they were forcibly displaced. Sources have informed the Foundation that the released detainees were transferred this morning to the central prison in Arish to complete their release procedures.

 Seventeen human rights organizations, including the Sinai Foundation, had expressed their condemnation on Monday, December 23rd, of the harsh and unjust military court sentences issued on December 14th. These sentences affected 62 civilians from North Sinai, who had participated in largely peaceful protests demanding their legitimate right to return to their forcibly seized lands. The organizations criticized the rulings in Case No. 80 of 2023, issued by the Ismailia Military Criminal Court, as a significant escalation in the Egyptian authorities' policies toward forcibly displaced residents. These policies disregard fundamental rights, particularly the right to return to their lands and to a fair trial before their natural judge, rather than exceptional courts that lack justice guarantees. The organizations stated: “Sentences of several years’ imprisonment for a largely peaceful protest demanding the legitimate right of return for the people of Sinai are invalid, as they were issued by a military court and are based on the denial of the right to peaceful assembly. These sentences are excessively harsh given the lengthy imprisonment periods and reflect an authoritarian approach in dealing with the people of Sinai.” 

While the Sinai Foundation commends this important step, it remains a drop in the ocean of measures that the Egyptian authorities must undertake within a comprehensive vision and policies formulated in collaboration with civil society and local stakeholders. The Foundation calls for further steps to address past injustices, as the Egyptian authorities have committed numerous violations against civilians in North Sinai under the pretext of counterterrorism over the past decade. Key recommendations made by 17 human rights organizations on Monday include: 

• Ending the referral of civilians to military courts and amending Article 204 of the Egyptian Constitution to restrict military jurisdiction to trials involving military personnel. 

• Upholding the government’s promises to return displaced persons to their lands and compensating them for damages incurred as a result of forced displacement. 

• Conducting independent investigations into the violations suffered by North Sinai residents, including the excessive use of force against protesters and unlawful detentions. 

• Halting all forms of discrimination and systematic oppression against the people of North Sinai, and ensuring respect for their rights to peaceful assembly, freedom of expression, and a dignified life.