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WHAT IS STRATEGIC LITIGATION?
PRACTICE NOTE 5
STRATEGIC LITIGATION OF ENFORCED
DISAPPEARANCES IN AFRICA
• Media and communications. Survivors and activists can use media and communications
tools to raise awareness about the crime of enforced disappearance in a specific
country. A communications strategy could also be useful to highlight a particular case of
arbitrary arrest with a view to pressure the authorities and prevent the materialisation
of the crime. The voices of the victims can be amplified through media techniques
both at the national and international level. In some contexts, media work can prevent
attacks against the relatives of the disappeared, yet in other situations, this work
might not be possible or desirable due to the safety situation and risks involved for
those supporting the case.
Case study: Arbitrary arrest of human rights defenders (Egypt)
Facts. In November 2020, the Egyptian authorities arbitrarily arrested three human
rights defenders of the Egyptian Initiative for Personal Rights (EIPR). One of the
defenders was detained incommunicado in a security facility for 12 hours before being
transferred to the Supreme State Security Prosecution (SSSP). Another defender was
arrested and taken to an unknown location, before being transferred to the SSSP for
interrogation. The arrests took place in the context of increasing attacks against the EIPR.
Advocacy. A few days after the arrests, more than 50 regional and international
civil society organisations issued a strong statement urging the immediate and
unconditional release of the three defenders by the Egyptian authorities. This and
other advocacy efforts prompted the Office of the High Commissioner for Human
Rights and several United Nations Special Rapporteurs to issue statements seeking
the release of the defenders.
Media and solidarity actions. This case got the attention of celebrities such as Emma
Thompson, Stephen Fry, Scarlett Johanson, Joseph Finnes and others, condemning
the events on their social media channels and calling for the Egyptian authorities to
release the defenders.
Impact. Following the national and international pressure on the Egyptian authorities,
the three defenders were released on 4 December 2020.
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