FOR IMMEDIATE RELEASE
Nov. 11, 2024
SIRLI: EUROPEAN COURT OF HUMAN RIGHTS COMMUNICATES TWO NGOS COMPLAINT TO FRANCE
After two NGOs - Egyptians Abroad for Democracy (EAD) and CODEPINK – submitted a case to the European Court of Human Rights (ECHR) against France in February 2024, the Court recently took steps to advance the case to initial phases of proceedings by ‘communicating’ it to France with a series of questions. The Court also provided public notice of the case through publication on the Court’s website on 30 September 2024.
In its public notice of the case, the Court raises a number of questions to the parties which the Court views as relevant to its consideration of the case – including France’s jurisdiction to consider the alleged crimes committed in Egypt, France’s obligation to investigate the civilian deaths caused by Operation Sirli and whether France’s domestic processes provide an adequate and effective remedy for fully investigating and adjudicating the complaint.
This new development comes after EAD and CODEPINK submitted the complaint before the European Court of Human Rights (ECHR) in February 2024, after exhausting all domestic remedies in France. The complaint – submitted by EAD and CODEPINK’s instructed international counsel, Haydee Dijkstal (Barrister, 33 Bedford Row, London) and Louise Dumas (French Lawyer, Avocate à la Cour, Paris) - argued that the refusal to initiate an investigation or a prosecution into crimes committed against Egyptian civilians during a French and Egyptians intelligence operation, called Operation Sirli, as well as the failure of the French law system to provide for an independent review of the Prosecutor’s decision, violates the rights within the European Convention, including: the right to the truth as a reparation (Art. 6 European Convention); and the right to an effective remedy (Art. 2 and 13, European Convention).
Quotes:
Ghada Naguib, member of EAD Turkey, comments: “This update from the European Court is a comfort to the hearts of the families of the victims and reassure humanity that the conscience of international institutions is still present..”
Mohamed Ismail, President of EAD adds “Communication to France of our case by the European court is one step forward towards the right direction of fairness and justice to human rights and to the Egyptian people in particular!”
Medea Benjamin, cofounder of the peace group CODEPINK, stated further: “We are glad to see that the Court has advanced to the next stage this case, which centers on principles fundamental to seeking justice and accountability for severe violations and crimes - access to justice, the right to the truth and the right to a remedy.”
Background on Operation Sirli:
Operation Sirli, which began in February 2016, is the result of a confidential anti-terrorism cooperation agreement between the French government and the Egyptian authorities. In November 2021, Disclose revealed the existence of this aerial surveillance operation on the Egyptian-Libyan border and exposed France’s knowledge that Operation Sirli was actually and mostly being used by Egypt to extrajudicially target and kill civilians involved in contraband activities and not terrorism. The geolocation data collected by France made possible the summary bombardment by the Egyptian forces of hundreds of vehicles, thus killing and injuring several hundred civilians, without any other form of trial or more advanced verifications.
Information and evidence indicate that in April 2016 and on several occasions in 2016, 2017, 2018 and 2019, the French operators alerted their superiors to mission Sirli's lack of interest in the fight against terrorism and the risks of French involvement in what constitute crimes against humanity. Despite these warnings, Operation Sirli was maintained.
In November and December 2021, attempts by French MPs to question the French Government on the revelations made by Disclose fell through after the Ministry of Armed Forces had announced an internal investigation “into the information revealed” whose findings were kept confidential and concluded that the Ministry of Armed Forces was released from any responsibility.
In September 2023, the independent journalist whose work on Operation Sirli was published by Disclose in November 2021, Ariane Lavrilleux, was detained and questioned for 48 hours by agents of the DGSI, France’s intelligence agency, after the French Army Ministry had filed a legal complaint for “violation of national defense secrets”. Although she has not been indicted so far, this move was criticised as a big blow on media freedom by rights groups and “a serious attempt of the confidentiality of journalists’ sources” by Reporters Sans Frontières.
Legal procedures history:
On 12 September 2022, Egyptians Abroad for Democracy and CODEPINK filed a complaint in Paris which raised international crimes for investigation in France under the principle of universal jurisdiction. The complaint was filed with the Crimes against Humanity, War Crimes Unit of the French National Anti-Terrorist Prosecutor’s Office (PNAT), following the revelations in November 2021 by the investigative media Disclose on the Franco-Egyptian military Operation Sirli.
On 19 December 2022, the Prosecutor’s Office sent a letter to the NGOs international legal counsels, Haydee Dijkstal (Barrister, 33 Bedford Row, London) and Louise Dumas (French Lawyer, Avocate à la Cour, Paris) in which she dismissed the case with no other explanation than the complaint being “insufficiently substantiated” despite extensive reference to supporting evidence in the complaint. Although witness statements were added to the application in April 2023 providing information on the safety and security of victims and witnesses, the decision of 19 December was not reconsidered.
On 30 May 2023, EAD and CODEPINK appealed to the French General Prosecutor who affirmed the PNAT’s Prosecutor’s decision on 9 October 2023. This final communication exhausted EAD and CODEPINK’s domestic remedies to challenge the decision not to open an investigation into international crimes under the principle of universal jurisdiction.
On 7 February 2024, EAD and CODEPINK submitted a complaint against France before the European Court of Human Rights (ECHR) under Article 2, 6 and 13 of the European Convention (as noted above).
ENDS.
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Notes :
- Egyptians Abroad for Democracy is a non-profit organisation which is registered in the United States and focuses on issues of human rights violations and anti-democratic actions in Egypt. The work of Egyptians Abroad for Democracy includes efforts to raise evidence and information of human rights violations in Egypt and against Egyptian civilians before relevant domestic and international organisations.
- CODEPINK is a non-profit organisation which is registered in the United States. CODEPINK is a women led grassroots organisation and supports peace and human rights initiatives, including issues of human rights and justice in the Middle East.
- Haydee Dijkstal, is a UK barrister and a US attorney. She specializes in international criminal law. Notably, she has counselled Syrian war victims and victims of the Gaza Freedom Flotilla.
- Louise Dumas is a French lawyer at the Paris Bar. She specializes in international criminal law. A former diplomat with the human rights department of the French Foreign Affairs Ministry and a former associate with Cabinet Zimeray et Finelle, she notably counselled victims during the November 2015 Paris attack trial.
- Disclose is an investigative journalist NGO based in France.
