Difference between revisions of "Mohamed El Ghanem"
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+ | |description=Egyptian senior spook defector who allegedly refused to spy [[Geneva]]'s Muslim community leaders on behalf of Swiss and US Intelligence services. In retaliation, he was imprisoned without charge by the Geneva judiciary in 2007. Possibly still detained as of 2022. | ||
|victim_of=blackmail, illegal detention | |victim_of=blackmail, illegal detention | ||
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− | '''Mohamed El Ghanem''' refused to spy for the [[ | + | '''Mohamed El Ghanem''' (also '''El-Ghanam''') is an Egyptian former senior officer in the [[Egyptian interior ministry|interior ministry]] who sought asylum in [[Switzerland]]. He was detained without charge by the [[Geneva]] judiciary between 2007 through 2013, allegedly in retaliation for refusing to penetrate local [[al-Qa'ida]] cells and spy on Switzerland's Muslim community.<ref>https://www.independent.co.uk/voices/commentators/fisk/robert-fisk-jailed-in-geneva-the-colonel-who-stood-up-against-mubarak-but-refused-to-spy-for-the-swiss-7469072.html</ref> |
+ | |||
+ | El Ghanem was released shortly after the Swiss [[Tribunal federal|Supreme Court]] ruled his detention wrongful, requiring he be released in October 2013. El Ghanem was released, but remains in a different custody (2022), based on allegations made without his presence. His situation remains principally unresolved. | ||
+ | |||
+ | == Biography == | ||
+ | Prior to seeking asylum in Switzerland, El Ghanem was an [[Egyptian government|Egyptian Government]] official, a Director in the [[Ministry of Interior]] (responsible for the secret services), who also taught law at the police academy in [[Cairo]]. Egyptian authorities are known for their widespread use of torture as a political tool to stifle dissent<ref>https://redress.org/news/egypt-torture-so-widespread-and-systematic-as-to-constitute-a-crime-against-humanity/</ref>. | ||
+ | |||
+ | El Ghanem is a Professor of International law, having received his PhD from the [[University of Rome]]. El Ghanem authored a 1991 book on "Terrorism and the Law". As an Egyptian government official, he drafted much of the country's anti-terrorism legislation.<ref>[https://www.independent.co.uk/voices/commentators/fisk/robert-fiskrsquos-world-the-curious-case-of-the-missing-egyptian-and-the-swiss-police-1778983.html Robert Fisk’s World: The curious case of the missing Egyptian and the Swiss police], The Independent, 29 August 2009</ref> | ||
+ | |||
+ | In the late 1990s, El Ghanem had differences with Egyptian government, because he refused to fabricate false charges against journalists and other dissidents.{{Comment|Too self-serving. More plausible reason needed}}<ref>[https://www.independent.co.uk/opinion/commentators/fisk/robert-fisk-jailed-in-geneva--the-colonel-who-stood-up-against-mubarak-but-refused-to-spy-for-the-swiss-7469072.html THE INDEPENDENT: Robert Fisk’s World: Jailed in Geneva: The Colonel Who Stood up to Mubarek but Refused to Spy for the Swiss], Robert Fisk, The Independent, March 5, 2012</ref> He subsequently became the target of persecution himself for contesting the persecution of others, at which point he sought asylum first in Italy, then in Switzerland.<ref>[https://www.independent.co.uk/opinion/commentators/fisk/robert-fisk-jailed-in-geneva--the-colonel-who-stood-up-against-mubarak-but-refused-to-spy-for-the-swiss-7469072.html THE INDEPENDENT: Robert Fisk’s World: Jailed in Geneva: The Colonel Who Stood up to Mubarek but Refused to Spy for the Swiss], Robert Fisk, The Independent, March 5, 2012</ref> | ||
+ | |||
+ | == Mohamed El Ghanem's detention without charge in Switzerland == | ||
+ | In 2000, El Ghanem fled Egypt in the plane of Swiss [[Foreign Minister]] [[Joseph Deiss]]. | ||
+ | |||
+ | In 2001, El Ghanem received refugee status from the Swiss government.[[Image:Mohamed El Ghanem (Egyptian Refugee).jpg|thumb|left|175px|El Ghanem came to Switzerland seeking asylum and refuge, and according to journalist [[Robert Fisk]], "found himself in an equally dangerous game"<ref>[https://www.independent.co.uk/opinion/commentators/fisk/robert-fisk-jailed-in-geneva--the-colonel-who-stood-up-against-mubarak-but-refused-to-spy-for-the-swiss-7469072.html THE INDEPENDENT: Robert Fisk’s World: Jailed in Geneva: The Colonel Who Stood up to Mubarek but Refused to Spy for the Swiss], Robert Fisk, The Independent, March 5, 2012</ref>]] | ||
+ | |||
+ | In 2002, El Ghanem claims Swiss secret services began aggressively recruiting him as an informant<ref>[https://www.independent.co.uk/voices/commentators/fisk/robert-fiskrsquos-world-the-curious-case-of-the-missing-egyptian-and-the-swiss-police-1778983.html Robert Fisk’s World: The curious case of the missing Egyptian and the Swiss police], The Independent, 29 August 2009</ref> to spy on prominent local Muslim community figures, notably Geneva imam [[Hani Ramadan]].<ref>[https://www.independent.co.uk/opinion/commentators/fisk/robert-fisk-jailed-in-geneva--the-colonel-who-stood-up-against-mubarak-but-refused-to-spy-for-the-swiss-7469072.html Jailed in Geneva: The Colonel Who Stood up to Mubarek but Refused to Spy for the Swiss], Robert Fisk, the Independent, March 5, 2012</ref> At the time, a large-scale operation of spying on the Geneva-based imam called "Operation Memphis" was in-play.<ref>[http://articles.latimes.com/2006/may/22/world/fg-mole22/2 "Swiss Spy in a War of Words"], Los Angeles Times, Sebastian Rotella, May 22, 2006</ref> To the chagrin of the Swiss security services, El Ghanem refused to collaborate as an informant. As a result of his refusal, he claimed to have received severe harassment and threats by the same Swiss secret service officials.<ref>[https://www.independent.co.uk/voices/commentators/fisk/robert-fiskrsquos-world-the-curious-case-of-the-missing-egyptian-and-the-swiss-police-1778983.html Robert Fisk’s World: The curious case of the missing Egyptian and the Swiss police], The Independent, 29 August 2009</ref> In response, El Ghanem filed charges against the Geneva police for the harassment. El Ghanem then claims he was menaced to remove the harassment charges he had filed. | ||
+ | |||
+ | The harassment continued repeatedly and without pause. El Ghanem alleged that informants were being used in the harassment, most of them migrants. | ||
+ | |||
+ | In 2003, El Ghanem called journalist [[Robert Fisk]] in Beirut and told him of the threats and harassment he'd received from the Swiss secret services.<ref>[https://www.independent.co.uk/voices/commentators/fisk/robert-fiskrsquos-world-the-curious-case-of-the-missing-egyptian-and-the-swiss-police-1778983.html Robert Fisk’s World: The curious case of the missing Egyptian and the Swiss police], The Independent, 29 August 2009</ref><ref>[https://www.independent.co.uk/opinion/commentators/fisk/robert-fisk-jailed-in-geneva--the-colonel-who-stood-up-against-mubarak-but-refused-to-spy-for-the-swiss-7469072.html Jailed in Geneva: The Colonel Who Stood up to Mubarek but Refused to Spy for the Swiss], Robert Fisk, the Independent, March 5, 2012</ref> Robert Fisk knew El Ghanem from Egypt; had previously written articles about his Egyptian government persecution. | ||
+ | |||
+ | In 2005, El Ghanem was seated in the restaurant-cafeteria of the University of Geneva, where he was studying to gain equivalence of his law degree from the University of Rome. El Ghanem was allegedly attacked by a Somali migrant;<ref>[https://www.independent.co.uk/opinion/commentators/fisk/robert-fisk-jailed-in-geneva--the-colonel-who-stood-up-against-mubarak-but-refused-to-spy-for-the-swiss-7469072.html THE INDEPENDENT: Robert Fisk’s World: Jailed in Geneva: The Colonel Who Stood up to Mubarek but Refused to Spy for the Swiss], Robert Fisk, The Independent, March 5, 2012</ref> El Ghanem claimed he waved a butter knife at the migrant to ward him away. Police suddenly appeared and rather than defending El Ghanem, Geneva Police arrested him, claiming he had attacked the migrant with the knife.<ref>[https://www.independent.co.uk/opinion/commentators/fisk/robert-fisk-jailed-in-geneva--the-colonel-who-stood-up-against-mubarak-but-refused-to-spy-for-the-swiss-7469072.html THE INDEPENDENT: Robert Fisk’s World: Jailed in Geneva: The Colonel Who Stood up to Mubarek but Refused to Spy for the Swiss], Robert Fisk, The Independent, March 5, 2012</ref> Subsequent to this, El Ghanem was arrested and held without charge, for several weeks. Written reports of the Geneva Police claim that El Ghanem had attacked and "placed a knife in the abdomen" of the migrant. Years later, the Geneva Police officer in charge of the case would admit fault with his own official Police report. | ||
+ | |||
+ | In 2005, subsequent to these events, El Ghanem wrote several senior Swiss officials saying that the case would have "consequences". El Ghanem was detained on the basis of these letters, but also on official allegations that he had published angry comments online, which wound-up on jihadic websites, inciting violence against Switzerland. El Ghanem's involvement in any such publication has never been formally proven nor publicly substantiated.<ref>[https://www.independent.co.uk/opinion/commentators/fisk/robert-fisk-jailed-in-geneva--the-colonel-who-stood-up-against-mubarak-but-refused-to-spy-for-the-swiss-7469072.html THE INDEPENDENT: Robert Fisk’s World: Jailed in Geneva: The Colonel Who Stood up to Mubarek but Refused to Spy for the Swiss], Robert Fisk, The Independent, March 5, 2012</ref> The family of El Ghanem disputes these claims, stating he had no ties to extremist groups,<ref>Information document handed to Geneva Press by the lawyer and family of El Ghanem, January 2012</ref> that he sought only protection, and that El Ghanem was peacefully studying at the University of Geneva to obtain Swiss recognition of his law degree from the University of Rome when the Swiss harassment started.<ref>Information document handed to Geneva Press by the lawyer and family of El Ghanem, January 2012</ref> | ||
+ | |||
+ | El Ghanem's allegations of official harassment were never examined by Geneva Judiciary. Instead, the court judged El Ghanem criminally irresponsible (mentally unfit and criminally dangerous) vis-a-vis the interaction with the Somali migrant, charges which were later determined to be false.<ref>[https://www.independent.co.uk/opinion/commentators/fisk/robert-fisk-jailed-in-geneva--the-colonel-who-stood-up-against-mubarak-but-refused-to-spy-for-the-swiss-7469072.html THE INDEPENDENT: Robert Fisk’s World: Jailed in Geneva: The Colonel Who Stood up to Mubarek but Refused to Spy for the Swiss], Robert Fisk, The Independent, March 5, 2012</ref> This court decision taken by the Geneva Judiciary was not only based on ill-founded charges, but it was run ''in absentia'', using a medical assessment of a doctor who had never seen El Ghanem in person,<ref>Information document handed to Geneva Press by the lawyer and family of El Ghanem, January 2012</ref> i.e. the medical doctor had only read the allegations of the Geneva judicial police, many of which were later refuted by the police themselves.<ref>Information document handed to Geneva Press by the lawyer and family of El Ghanem, January 2012</ref> | ||
+ | |||
+ | In [[2006]], the Swiss Federal Council cancelled El Ghanem's refugee status and expelled him from Switzerland,<ref>[http://www.admin.ch/ch/e/rs/101/a121.html Swiss Constitution, Art. 121§2]</ref> on the grounds that El Ghanem was a threat to the external and internal security of the country.<ref>[https://www.independent.co.uk/opinion/commentators/fisk/robert-fisk-jailed-in-geneva--the-colonel-who-stood-up-against-mubarak-but-refused-to-spy-for-the-swiss-7469072.html Jailed in Geneva: The Colonel Who Stood up to Mubarek but Refused to Spy for the Swiss], Robert Fisk, the Independent, March 5, 2012</ref> The removal of El Ghanem's refugee status and his expulsion from Switzerland were performed administratively: without a hearing, and without the right to appeal.<ref>Information document handed to Geneva Press by the lawyer and family of El Ghanem, January 2012</ref> | ||
+ | |||
+ | As a result, El Ghanem, who had been learning French and studying law to pass the Swiss bar exam, was removed from his housing, and found found his state support as a refugee arbitrarily curtailed; he was left without housing or means of sustenance.<ref>Information document handed to Geneva Press by the lawyer and family of El Ghanem, January 2012</ref> | ||
+ | |||
+ | === 2007: Egyptian refugee jailed in Geneva for refusing to spy for the Swiss === | ||
+ | |||
+ | In 2007, El Ghanem was jailed without charge in Champ-Dollon prison outside Geneva. Due to this arrangement, El Ghanem has remained in prison without charge since 2007. His family has repeatedly requested to see him, and has been repeatedly refused.<ref>[https://www.independent.co.uk/opinion/commentators/fisk/robert-fisk-jailed-in-geneva--the-colonel-who-stood-up-against-mubarak-but-refused-to-spy-for-the-swiss-7469072.html Jailed in Geneva: The Colonel Who Stood up to Mubarek but Refused to Spy for the Swiss], Robert Fisk, the Independent, March 5, 2012</ref><ref>[http://www.lepoint.fr/monde/egypte-l-etrange-histoire-de-mohamed-el-ghanam-02-05-2012-1457397_24.php Egypte: l'étrange histoire de Mohamed el-Ghanem, Le Point, 2 May 2012]</ref> | ||
+ | |||
+ | For two years the Swiss government refused to reply to El Ghanem's family's questions about his whereabouts.<ref>[http://www.lepoint.fr/images/2012/05/02/montage-al-ghanam-566344-jpg_388668.JPG Mohamed el-Ghanam (à droite) est incarcéré depuis 2007 à la prison Champ-Dollon en Suisse. © Jean-Pierre Clatot / AFP/DR ]</ref> | ||
+ | |||
+ | In 2009, journalist [[Robert Fisk]] declared that Mohamed El Ghanem had been "[[disappeared]]" by the Swiss Government.<ref>[https://www.independent.co.uk/voices/commentators/fisk/robert-fiskrsquos-world-the-curious-case-of-the-missing-egyptian-and-the-swiss-police-1778983.html Robert Fisk’s World: The curious case of the missing Egyptian and the Swiss police], The Independent, 29 August 2009</ref> | ||
+ | |||
+ | === Possible [[FBI]] involvement in case === | ||
+ | |||
+ | In 2007, the [[FBI]] called the family of El Ghanem, who live in the United States, before they departed for Geneva to try to visit him. This was considered to indicate FBI surveillance of his U.S.-based relatives. Collaboration of U.S. authorities in this affair has long been suspected.<ref>[http://www.lecourrier.ch/108820/la_prison_pour_briser_un_homme "Imprisonment to Break A Man"], (in French), Le Courrier, 17 May 2013.</ref> | ||
+ | |||
+ | The FBI is "embedded" in the Swiss [[Federal Department of Justice and Police]], under the auspices of a 2006 bilateral treaty for joint U.S.-Swiss investigations.<ref>[http://www.ejpd.admin.ch/dam/data/ejpd/aktuell/news/2006/2006-09-06/get_e.pdf US-SWISS TREATY: Arrangement between the Federal Department of Justice and Police for the Swiss Confederation and the Department of Justice of the United States of America acting for the Competent Law Enforcement Authorities for the Swiss Confederation and of the United States of America on the creation of joint investigation teams concerning the fight against terrorism and the financing of terrorism]</ref> Under a U.S.-Swiss treaty, Swiss-based FBI activities in joint investigations are financed by the United States, meaning they may have funded the investigation and imprisonment of El Ghanem. | ||
+ | |||
+ | FBI tactics of forced recruitment for spying on Muslim leaders are well known, having been reported on extensively by the ACLU<ref>[http://usnews.nbcnews.com/_news/2012/03/29/10907668-aclu-fbi-mosque-outreach-program-used-to-spy-on-muslims ACLU: FBI 'mosque outreach' program used to spy on Muslims, NBC news, 29 March 2012 ]</ref> and U.S. news outlets such as CNN.<ref>[http://edition.cnn.com/2009/US/03/20/fbi.muslim.groups/ FBI planting spies in U.S. mosques, Muslim groups say], CNN, March 20, 2009</ref> U.S. Muslims who have rejected FBI recruitment have been subjected to severe harassment, threats, [[arbitrary arrest and detention|arbitrary arrest]].<ref>[http://edition.cnn.com/2009/US/03/20/fbi.muslim.groups/ FBI planting spies in U.S. mosques, Muslim groups say], CNN, March 20, 2009</ref><ref>[http://thinkprogress.org/security/2009/10/14/175689/fbi-muslim-discrimination/ FBI Threatens Muslim Man With Deportation For Refusing To Become An Informant], Andrea Nill Sanchez, October 14, 2009</ref> The U.S. organization [[Council on American–Islamic Relations]] (CAIR) has complained repeatedly about FBI threats, coercion and deportation of U.S.-based Muslims who have refused to spy for the FBI.<ref>https://web.archive.org/web/20131203004707/http://ca.cair.com/sfba/news/time_for_fbi_to_stop_spying_on_american_muslims</ref><ref>[http://www.cairmichigan.org/video/cair_michigan_islamic_group_says_fbi_trying_to_recruit_spies_.html CAIR: Michigan Islamic Group Says FBI Trying to Recruit Spies] CAIR Website, Michigan</ref> | ||
+ | |||
+ | === 2010: Lawyers raise case before the UN Committee on Enforced and Voluntary Disappearances === | ||
+ | |||
+ | In 2009, El Ghanem submitted a ''pro s''e application for habeas corpus. This was ignored by the Geneva Court.<ref>Information document handed to Geneva Press by the lawyer and family of El Ghanem, January 2012</ref> | ||
+ | |||
+ | In 2010, lawyers for El Ghanem raised the case before the [[Office of the United Nations High Commissioner for Human Rights]] and the Committee for "Enforced and Voluntary Disappearances". The Swiss response to the UN was to state that El Ghanem was incarcerated due to his "dangerousness".<ref>[https://www.independent.co.uk/opinion/commentators/fisk/robert-fisk-jailed-in-geneva--the-colonel-who-stood-up-against-mubarak-but-refused-to-spy-for-the-swiss-7469072.html Jailed in Geneva: The Colonel Who Stood up to Mubarek but Refused to Spy for the Swiss] , Robert Fisk, The Independent, March 5, 2012</ref> | ||
+ | |||
+ | El Ghanem had undertaken several hunger strikes during his imprisonment; he was already suffering from heart problems.<ref>Information document handed to Geneva Press by the lawyer and family of El Ghanem, January 2012</ref> By 2011, El Ghanem had suffered severe medical problems in prison.<ref>[https://www.independent.co.uk/opinion/commentators/fisk/robert-fisk-jailed-in-geneva--the-colonel-who-stood-up-against-mubarak-but-refused-to-spy-for-the-swiss-7469072.html Jailed in Geneva: The Colonel Who Stood up to Mubarek but Refused to Spy for the Swiss], Robert Fisk, the Independent, March 5, 2012</ref> His lawyer stated in 2012 that El Ghanem had "almost died" due to his imprisonment.<ref>[https://www.independent.co.uk/opinion/commentators/fisk/robert-fisk-jailed-in-geneva--the-colonel-who-stood-up-against-mubarak-but-refused-to-spy-for-the-swiss-7469072.html Jailed in Geneva: The Colonel Who Stood up to Mubarek but Refused to Spy for the Swiss], Robert Fisk, the Independent, March 5, 2012</ref> | ||
+ | |||
+ | === 2012: Swiss Activists and Egyptian Government ask Swiss Government for answers === | ||
+ | |||
+ | By 2012, the local press were accusing the Geneva judiciary of attempting to bury their mistakes by keeping El Ghanem in prison,<ref>[http://www.lecourrier.ch/108820/la_prison_pour_briser_un_homme Prison to Break a Man](in French), Le Courrier, 20 March 2012</ref> and noting that El Ghanem's incarceration was damaging the image of Switzerland abroad<ref>[http://www.tdg.ch/monde/afrique/L-affaire-ElGanam-ternit-limage-de-Geneve-a-letranger/story/30709160 Droits de l'Homme: The El Ghanem Affairs Tarnishes the Image of Switzerland Abroad ] (in French), Tribune de Geneve, Alain Jourdain, March 12, 2012</ref> | ||
+ | |||
+ | Swiss activists were also angrily protesting for his release,<ref>[http://citoyenspourlajusticepublique.blog.tdg.ch/archive/2013/11/11/enfin-el-ghanam-sort-de-prison-249672.html] "Finally. El Ghanem Leaves Prison" (in French). Website: Citizens for Public Justice</ref> holding sit-ins in front of the [[Office of the United Nations High Commissioner for Human Rights]] in Geneva. | ||
+ | |||
+ | Also in 2012, the new Egyptian Government was asking the Swiss government to explain their treatment of a man who had sought refuge from the Mubarak government.<ref>[http://www.lecourrier.ch/enquete_el_ghanam An Egyptian Colonel Lost in a Swiss Prison] (in French) Le Courrier, 30 March 2012</ref> This was in response to a number of riots which were held in Cairo, protesting the wrongful incarceration of El Ghanem. In response to these official Egyptian queries, and the activity of local Swiss activists, the Swiss Parliament discussed the topic.<ref>[http://www.parlament.ch/f/dokumentation/berichte/uebersicht-ueber-verhandlungen/Documents/ed-pa-verhandlungen-2012-hs-1-f.pdf Swiss Parliament: Résumé des délibérations], Automne 2012</ref> | ||
+ | |||
+ | === 2013: Swiss Supreme Court orders the release of El Ghanem === | ||
+ | |||
+ | By mid-2012, lawyers for El Ghanem raised a case before the Swiss Supreme Court requesting that a new analysis of the case be held.<ref>[http://www.lecourrier.ch/99567/les_avocats_demandent_un_nouveau_proces The Lawyers Request a new Trial], Le Courrier, 12 June 2012</ref><ref>[http://www.tdg.ch/geneve/actu-genevoise/avocats-mohamed-elghanam-veulent-proces-equitable/story/20790900 An Appeal for Quash in the El Ghanem Affair] (in French), Tribune de Geneve, Alain Jourdain, 13 June 2012.</ref> | ||
+ | |||
+ | In January 2013, the Federal Supreme Court ruled in favour of the release of El Ghanem.<ref>[http://www.tdg.ch/geneve/actu-genevoise/Laffaire-ElGhanam-revient-devant-la-justice/story/10998799 The El Ghanem Affair Returns to Justice] (in French), Tribune de Genève, Alain Jourdain, January 8, 2013</ref> | ||
+ | |||
+ | In June 2013, the Geneva Judiciary appealed the ruling on El Ghanem's release.<ref>[http://www.lecourrier.ch/110292/olivier_jornot_va_recourir_contre_la_sortie_d_el_ghanam_de_prison Olivier Jornot will appeal against the El-Ghanam release from prison] (in French) The Courrier, 11 June 2013</ref> They were unsuccessful. In October 2013, El Ghanem was released from prison.<ref>[http://www.lecourrier.ch/115767/l_egyptien_el_ghanam_peut_quitter_champ_dollon "The Egyptian Can Leave [Prison] Champ-Dollon"] (in French), Le Courrier, 24 October 2013</ref> | ||
+ | |||
+ | == Articles about the case == | ||
+ | * [https://www.independent.co.uk/voices/commentators/fisk/robert-fiskrsquos-world-the-curious-case-of-the-missing-egyptian-and-the-swiss-police-1778983.html THE INDEPENDENT: Robert Fisk’s World: The curious case of the missing Egyptian and the Swiss police], The Independent, 29 August 2009 | ||
+ | * [https://www.independent.co.uk/opinion/commentators/fisk/robert-fisk-jailed-in-geneva--the-colonel-who-stood-up-against-mubarak-but-refused-to-spy-for-the-swiss-7469072.html THE INDEPENDENT: Robert Fisk’s World: Jailed in Geneva: The Colonel Who Stood up to Mubarek but Refused to Spy for the Swiss], Robert Fisk, The Independent, March 5, 2012 | ||
+ | * [https://www.youtube.com/watch?v=v6ODm8dIUSw&context=C320b370ADOEgsToPDskK8reUXw7pEbJIWeD4_XnIW LEMAN BLUE (Swiss Television) Discussion of El Ghanem Case] | ||
+ | * [https://www.youtube.com/watch?v=oVTC_kZmQEk Interview with Brother of El Ghanem] (Part in English, part in French) | ||
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==References== | ==References== | ||
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+ | |url=https://en.wikipedia.org/wiki/Mohamed_El_Ghanem | ||
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Latest revision as of 23:43, 20 October 2023
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Nationality | Egyptian |
Victim of | • blackmail • illegal detention |
Egyptian senior spook defector who allegedly refused to spy Geneva's Muslim community leaders on behalf of Swiss and US Intelligence services. In retaliation, he was imprisoned without charge by the Geneva judiciary in 2007. Possibly still detained as of 2022. |
Mohamed El Ghanem (also El-Ghanam) is an Egyptian former senior officer in the interior ministry who sought asylum in Switzerland. He was detained without charge by the Geneva judiciary between 2007 through 2013, allegedly in retaliation for refusing to penetrate local al-Qa'ida cells and spy on Switzerland's Muslim community.[1]
El Ghanem was released shortly after the Swiss Supreme Court ruled his detention wrongful, requiring he be released in October 2013. El Ghanem was released, but remains in a different custody (2022), based on allegations made without his presence. His situation remains principally unresolved.
Contents
- 1 Biography
- 2 Mohamed El Ghanem's detention without charge in Switzerland
- 2.1 2007: Egyptian refugee jailed in Geneva for refusing to spy for the Swiss
- 2.2 Possible FBI involvement in case
- 2.3 2010: Lawyers raise case before the UN Committee on Enforced and Voluntary Disappearances
- 2.4 2012: Swiss Activists and Egyptian Government ask Swiss Government for answers
- 2.5 2013: Swiss Supreme Court orders the release of El Ghanem
- 3 Articles about the case
- 4 References
Biography
Prior to seeking asylum in Switzerland, El Ghanem was an Egyptian Government official, a Director in the Ministry of Interior (responsible for the secret services), who also taught law at the police academy in Cairo. Egyptian authorities are known for their widespread use of torture as a political tool to stifle dissent[2].
El Ghanem is a Professor of International law, having received his PhD from the University of Rome. El Ghanem authored a 1991 book on "Terrorism and the Law". As an Egyptian government official, he drafted much of the country's anti-terrorism legislation.[3]
In the late 1990s, El Ghanem had differences with Egyptian government, because he refused to fabricate false charges against journalists and other dissidents.[Too self-serving. More plausible reason needed][4] He subsequently became the target of persecution himself for contesting the persecution of others, at which point he sought asylum first in Italy, then in Switzerland.[5]
Mohamed El Ghanem's detention without charge in Switzerland
In 2000, El Ghanem fled Egypt in the plane of Swiss Foreign Minister Joseph Deiss.
In 2001, El Ghanem received refugee status from the Swiss government.
![](/w/images/thumb/d/d9/Mohamed_El_Ghanem_%28Egyptian_Refugee%29.jpg/175px-Mohamed_El_Ghanem_%28Egyptian_Refugee%29.jpg)
In 2002, El Ghanem claims Swiss secret services began aggressively recruiting him as an informant[7] to spy on prominent local Muslim community figures, notably Geneva imam Hani Ramadan.[8] At the time, a large-scale operation of spying on the Geneva-based imam called "Operation Memphis" was in-play.[9] To the chagrin of the Swiss security services, El Ghanem refused to collaborate as an informant. As a result of his refusal, he claimed to have received severe harassment and threats by the same Swiss secret service officials.[10] In response, El Ghanem filed charges against the Geneva police for the harassment. El Ghanem then claims he was menaced to remove the harassment charges he had filed.
The harassment continued repeatedly and without pause. El Ghanem alleged that informants were being used in the harassment, most of them migrants.
In 2003, El Ghanem called journalist Robert Fisk in Beirut and told him of the threats and harassment he'd received from the Swiss secret services.[11][12] Robert Fisk knew El Ghanem from Egypt; had previously written articles about his Egyptian government persecution.
In 2005, El Ghanem was seated in the restaurant-cafeteria of the University of Geneva, where he was studying to gain equivalence of his law degree from the University of Rome. El Ghanem was allegedly attacked by a Somali migrant;[13] El Ghanem claimed he waved a butter knife at the migrant to ward him away. Police suddenly appeared and rather than defending El Ghanem, Geneva Police arrested him, claiming he had attacked the migrant with the knife.[14] Subsequent to this, El Ghanem was arrested and held without charge, for several weeks. Written reports of the Geneva Police claim that El Ghanem had attacked and "placed a knife in the abdomen" of the migrant. Years later, the Geneva Police officer in charge of the case would admit fault with his own official Police report.
In 2005, subsequent to these events, El Ghanem wrote several senior Swiss officials saying that the case would have "consequences". El Ghanem was detained on the basis of these letters, but also on official allegations that he had published angry comments online, which wound-up on jihadic websites, inciting violence against Switzerland. El Ghanem's involvement in any such publication has never been formally proven nor publicly substantiated.[15] The family of El Ghanem disputes these claims, stating he had no ties to extremist groups,[16] that he sought only protection, and that El Ghanem was peacefully studying at the University of Geneva to obtain Swiss recognition of his law degree from the University of Rome when the Swiss harassment started.[17]
El Ghanem's allegations of official harassment were never examined by Geneva Judiciary. Instead, the court judged El Ghanem criminally irresponsible (mentally unfit and criminally dangerous) vis-a-vis the interaction with the Somali migrant, charges which were later determined to be false.[18] This court decision taken by the Geneva Judiciary was not only based on ill-founded charges, but it was run in absentia, using a medical assessment of a doctor who had never seen El Ghanem in person,[19] i.e. the medical doctor had only read the allegations of the Geneva judicial police, many of which were later refuted by the police themselves.[20]
In 2006, the Swiss Federal Council cancelled El Ghanem's refugee status and expelled him from Switzerland,[21] on the grounds that El Ghanem was a threat to the external and internal security of the country.[22] The removal of El Ghanem's refugee status and his expulsion from Switzerland were performed administratively: without a hearing, and without the right to appeal.[23]
As a result, El Ghanem, who had been learning French and studying law to pass the Swiss bar exam, was removed from his housing, and found found his state support as a refugee arbitrarily curtailed; he was left without housing or means of sustenance.[24]
2007: Egyptian refugee jailed in Geneva for refusing to spy for the Swiss
In 2007, El Ghanem was jailed without charge in Champ-Dollon prison outside Geneva. Due to this arrangement, El Ghanem has remained in prison without charge since 2007. His family has repeatedly requested to see him, and has been repeatedly refused.[25][26]
For two years the Swiss government refused to reply to El Ghanem's family's questions about his whereabouts.[27]
In 2009, journalist Robert Fisk declared that Mohamed El Ghanem had been "disappeared" by the Swiss Government.[28]
Possible FBI involvement in case
In 2007, the FBI called the family of El Ghanem, who live in the United States, before they departed for Geneva to try to visit him. This was considered to indicate FBI surveillance of his U.S.-based relatives. Collaboration of U.S. authorities in this affair has long been suspected.[29]
The FBI is "embedded" in the Swiss Federal Department of Justice and Police, under the auspices of a 2006 bilateral treaty for joint U.S.-Swiss investigations.[30] Under a U.S.-Swiss treaty, Swiss-based FBI activities in joint investigations are financed by the United States, meaning they may have funded the investigation and imprisonment of El Ghanem.
FBI tactics of forced recruitment for spying on Muslim leaders are well known, having been reported on extensively by the ACLU[31] and U.S. news outlets such as CNN.[32] U.S. Muslims who have rejected FBI recruitment have been subjected to severe harassment, threats, arbitrary arrest.[33][34] The U.S. organization Council on American–Islamic Relations (CAIR) has complained repeatedly about FBI threats, coercion and deportation of U.S.-based Muslims who have refused to spy for the FBI.[35][36]
2010: Lawyers raise case before the UN Committee on Enforced and Voluntary Disappearances
In 2009, El Ghanem submitted a pro se application for habeas corpus. This was ignored by the Geneva Court.[37]
In 2010, lawyers for El Ghanem raised the case before the Office of the United Nations High Commissioner for Human Rights and the Committee for "Enforced and Voluntary Disappearances". The Swiss response to the UN was to state that El Ghanem was incarcerated due to his "dangerousness".[38]
El Ghanem had undertaken several hunger strikes during his imprisonment; he was already suffering from heart problems.[39] By 2011, El Ghanem had suffered severe medical problems in prison.[40] His lawyer stated in 2012 that El Ghanem had "almost died" due to his imprisonment.[41]
2012: Swiss Activists and Egyptian Government ask Swiss Government for answers
By 2012, the local press were accusing the Geneva judiciary of attempting to bury their mistakes by keeping El Ghanem in prison,[42] and noting that El Ghanem's incarceration was damaging the image of Switzerland abroad[43]
Swiss activists were also angrily protesting for his release,[44] holding sit-ins in front of the Office of the United Nations High Commissioner for Human Rights in Geneva.
Also in 2012, the new Egyptian Government was asking the Swiss government to explain their treatment of a man who had sought refuge from the Mubarak government.[45] This was in response to a number of riots which were held in Cairo, protesting the wrongful incarceration of El Ghanem. In response to these official Egyptian queries, and the activity of local Swiss activists, the Swiss Parliament discussed the topic.[46]
2013: Swiss Supreme Court orders the release of El Ghanem
By mid-2012, lawyers for El Ghanem raised a case before the Swiss Supreme Court requesting that a new analysis of the case be held.[47][48]
In January 2013, the Federal Supreme Court ruled in favour of the release of El Ghanem.[49]
In June 2013, the Geneva Judiciary appealed the ruling on El Ghanem's release.[50] They were unsuccessful. In October 2013, El Ghanem was released from prison.[51]
Articles about the case
- THE INDEPENDENT: Robert Fisk’s World: The curious case of the missing Egyptian and the Swiss police, The Independent, 29 August 2009
- THE INDEPENDENT: Robert Fisk’s World: Jailed in Geneva: The Colonel Who Stood up to Mubarek but Refused to Spy for the Swiss, Robert Fisk, The Independent, March 5, 2012
- LEMAN BLUE (Swiss Television) Discussion of El Ghanem Case
- Interview with Brother of El Ghanem (Part in English, part in French)
References
- ↑ https://www.independent.co.uk/voices/commentators/fisk/robert-fisk-jailed-in-geneva-the-colonel-who-stood-up-against-mubarak-but-refused-to-spy-for-the-swiss-7469072.html
- ↑ https://redress.org/news/egypt-torture-so-widespread-and-systematic-as-to-constitute-a-crime-against-humanity/
- ↑ Robert Fisk’s World: The curious case of the missing Egyptian and the Swiss police, The Independent, 29 August 2009
- ↑ THE INDEPENDENT: Robert Fisk’s World: Jailed in Geneva: The Colonel Who Stood up to Mubarek but Refused to Spy for the Swiss, Robert Fisk, The Independent, March 5, 2012
- ↑ THE INDEPENDENT: Robert Fisk’s World: Jailed in Geneva: The Colonel Who Stood up to Mubarek but Refused to Spy for the Swiss, Robert Fisk, The Independent, March 5, 2012
- ↑ THE INDEPENDENT: Robert Fisk’s World: Jailed in Geneva: The Colonel Who Stood up to Mubarek but Refused to Spy for the Swiss, Robert Fisk, The Independent, March 5, 2012
- ↑ Robert Fisk’s World: The curious case of the missing Egyptian and the Swiss police, The Independent, 29 August 2009
- ↑ Jailed in Geneva: The Colonel Who Stood up to Mubarek but Refused to Spy for the Swiss, Robert Fisk, the Independent, March 5, 2012
- ↑ "Swiss Spy in a War of Words", Los Angeles Times, Sebastian Rotella, May 22, 2006
- ↑ Robert Fisk’s World: The curious case of the missing Egyptian and the Swiss police, The Independent, 29 August 2009
- ↑ Robert Fisk’s World: The curious case of the missing Egyptian and the Swiss police, The Independent, 29 August 2009
- ↑ Jailed in Geneva: The Colonel Who Stood up to Mubarek but Refused to Spy for the Swiss, Robert Fisk, the Independent, March 5, 2012
- ↑ THE INDEPENDENT: Robert Fisk’s World: Jailed in Geneva: The Colonel Who Stood up to Mubarek but Refused to Spy for the Swiss, Robert Fisk, The Independent, March 5, 2012
- ↑ THE INDEPENDENT: Robert Fisk’s World: Jailed in Geneva: The Colonel Who Stood up to Mubarek but Refused to Spy for the Swiss, Robert Fisk, The Independent, March 5, 2012
- ↑ THE INDEPENDENT: Robert Fisk’s World: Jailed in Geneva: The Colonel Who Stood up to Mubarek but Refused to Spy for the Swiss, Robert Fisk, The Independent, March 5, 2012
- ↑ Information document handed to Geneva Press by the lawyer and family of El Ghanem, January 2012
- ↑ Information document handed to Geneva Press by the lawyer and family of El Ghanem, January 2012
- ↑ THE INDEPENDENT: Robert Fisk’s World: Jailed in Geneva: The Colonel Who Stood up to Mubarek but Refused to Spy for the Swiss, Robert Fisk, The Independent, March 5, 2012
- ↑ Information document handed to Geneva Press by the lawyer and family of El Ghanem, January 2012
- ↑ Information document handed to Geneva Press by the lawyer and family of El Ghanem, January 2012
- ↑ Swiss Constitution, Art. 121§2
- ↑ Jailed in Geneva: The Colonel Who Stood up to Mubarek but Refused to Spy for the Swiss, Robert Fisk, the Independent, March 5, 2012
- ↑ Information document handed to Geneva Press by the lawyer and family of El Ghanem, January 2012
- ↑ Information document handed to Geneva Press by the lawyer and family of El Ghanem, January 2012
- ↑ Jailed in Geneva: The Colonel Who Stood up to Mubarek but Refused to Spy for the Swiss, Robert Fisk, the Independent, March 5, 2012
- ↑ Egypte: l'étrange histoire de Mohamed el-Ghanem, Le Point, 2 May 2012
- ↑ Mohamed el-Ghanam (à droite) est incarcéré depuis 2007 à la prison Champ-Dollon en Suisse. © Jean-Pierre Clatot / AFP/DR
- ↑ Robert Fisk’s World: The curious case of the missing Egyptian and the Swiss police, The Independent, 29 August 2009
- ↑ "Imprisonment to Break A Man", (in French), Le Courrier, 17 May 2013.
- ↑ US-SWISS TREATY: Arrangement between the Federal Department of Justice and Police for the Swiss Confederation and the Department of Justice of the United States of America acting for the Competent Law Enforcement Authorities for the Swiss Confederation and of the United States of America on the creation of joint investigation teams concerning the fight against terrorism and the financing of terrorism
- ↑ ACLU: FBI 'mosque outreach' program used to spy on Muslims, NBC news, 29 March 2012
- ↑ FBI planting spies in U.S. mosques, Muslim groups say, CNN, March 20, 2009
- ↑ FBI planting spies in U.S. mosques, Muslim groups say, CNN, March 20, 2009
- ↑ FBI Threatens Muslim Man With Deportation For Refusing To Become An Informant, Andrea Nill Sanchez, October 14, 2009
- ↑ https://web.archive.org/web/20131203004707/http://ca.cair.com/sfba/news/time_for_fbi_to_stop_spying_on_american_muslims
- ↑ CAIR: Michigan Islamic Group Says FBI Trying to Recruit Spies CAIR Website, Michigan
- ↑ Information document handed to Geneva Press by the lawyer and family of El Ghanem, January 2012
- ↑ Jailed in Geneva: The Colonel Who Stood up to Mubarek but Refused to Spy for the Swiss , Robert Fisk, The Independent, March 5, 2012
- ↑ Information document handed to Geneva Press by the lawyer and family of El Ghanem, January 2012
- ↑ Jailed in Geneva: The Colonel Who Stood up to Mubarek but Refused to Spy for the Swiss, Robert Fisk, the Independent, March 5, 2012
- ↑ Jailed in Geneva: The Colonel Who Stood up to Mubarek but Refused to Spy for the Swiss, Robert Fisk, the Independent, March 5, 2012
- ↑ Prison to Break a Man(in French), Le Courrier, 20 March 2012
- ↑ Droits de l'Homme: The El Ghanem Affairs Tarnishes the Image of Switzerland Abroad (in French), Tribune de Geneve, Alain Jourdain, March 12, 2012
- ↑ [1] "Finally. El Ghanem Leaves Prison" (in French). Website: Citizens for Public Justice
- ↑ An Egyptian Colonel Lost in a Swiss Prison (in French) Le Courrier, 30 March 2012
- ↑ Swiss Parliament: Résumé des délibérations, Automne 2012
- ↑ The Lawyers Request a new Trial, Le Courrier, 12 June 2012
- ↑ An Appeal for Quash in the El Ghanem Affair (in French), Tribune de Geneve, Alain Jourdain, 13 June 2012.
- ↑ The El Ghanem Affair Returns to Justice (in French), Tribune de Genève, Alain Jourdain, January 8, 2013
- ↑ Olivier Jornot will appeal against the El-Ghanam release from prison (in French) The Courrier, 11 June 2013
- ↑ "The Egyptian Can Leave [Prison] Champ-Dollon" (in French), Le Courrier, 24 October 2013
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