On 7 February 2020, Patrick Zaki, an Egyptian researcher, was arbitrarily arrested by the Egyptian authorities at Cairo airport. He was returning home from Italy for a family visit. Since August 2019, he had been on leave from his job at the Egyptian Initiative for Personal Rights (EIPR) to study for a postgraduate degree at the University of Bologna. Upon his arrival at Cairo airport, Zaki was disappeared for 24 hours.
He was transferred to a National Security Investigations facility in Cairo where, according to his lawyers, he was tortured and interrogated about his work and activism. On 8 February, Zaki appeared before a public prosecutor in Mansoura and was presented with a list of charges, including “publishing rumors and false news that aim to disturb social peace and sow chaos”, “incitement to protest without permission from the relevant authorities with the aim of undermining state authority”, “calling for the overthrow of the state, managing a social media account that aims to undermine the social order and public safety” and “incitement to commit violence and terrorist crimes”.[1] The Prosecutor denied allegations of police torture. Since then, Zaki’s pre-trial detention has been extended several times.
Zaki’s detention prompted the immediate response of several actors. Two parliamentary enquiries were immediately tabled at the European Parliament, asking the High Representative of the Union for Foreign Affairs and Security Policy to raise the case with the Egyptian authorities as a matter of urgency, demand his immediate release,[2] and conduct a review of the EU relations with Egypt that could potentially “involve a suspension of the free trade agreement with Egypt until Zaki and all other activists who are unfairly tried and detained are released”.[3] In December 2020, the European Parliament, following the arrest and subsequent release of three EIPR staff members, passed a resolution calling inter alia “for Patrick George Zaki’s immediate and unconditional release and for all charges against him to be dropped”.[4] Moreover, civil society organizations, including Amnesty International[5] and Scholars at Risk,[6] issued statements condemning the Egyptian authorities.
The Italian Government started to monitor Zaki’s detention shortly after his arrest. On 12 February 2020, at the Chamber of Deputies (303rd Meeting, XVIII Legislature), in response to parliamentary question no. 3-01294, the Minister for Parliamentary Relations, Mr Federico D’Incà, assured that the case had been raised with the informal human rights coordination group of Western embassies, and that the Government had requested that the case be included in the EU trial observation program. Furthermore, he added that the Italian embassy in Cairo had raised the issue with the Egyptian National Council for Human Rights, an independent body entrusted with the protection of human rights in Egypt, expecting that Zaki would be afforded “a treatment consistent with international treaty standards”. The Minister further added that
The Government, reiterating its commitment to monitor all issues concerning the protection of human rights with the utmost attention, will continue, from this perspective, to prioritize the case of Zaki, including in relation to his detention conditions and the need to ensure swift judicial proceedings, with a view preferably to his prompt release.
The outbreak of the COVID-19 pandemic hindered the possibility of the Italian (and European) diplomatic personnel to observe Zaki’s trial, due to the restrictions imposed by the Egyptian Government. On 19 November 2020, following the arrest of three staff members of the EIPR, with whom the Italian authorities were in regular contact in relation to Zaki’s detention, the Deputy Minister of Foreign Affairs, Ms Marina Sereni, before the Commission on Foreign and European Affairs (III) of the Chamber of Deputies, conveyed the “grave concern” of the Italian Government for the multiple arrests and the forthcoming hearing in the case of Zaki. She informed that the Director General for Political Affairs and Security had raised the Italian authorities’ concerns in relation to the situation of human rights defenders in Egypt with the Head of the Egyptian diplomatic mission in Rome.
On 18 June 2020, Motion no. 1-00247 was presented at the Senate of the Republic (231st Meeting, XVIII Legislature) to the effect that the Government would commit to stop an arms trade agreement with Egypt that had been authorized by the Council of Ministers on 11 June. Among the reasons that would justify the termination of the agreement, the signatories of the motion mentioned the prolonged detention of Patrick Zaki. During the same session, several Senators queried the Ministers of Foreign Affairs and International Cooperation, of Economic Development and of Defense with parliamentary question no. 3-01699. They stated that, in light of Egypt’s persistence “in refusing any form of political or judicial cooperation with [Italy] in relation to the murder of Giulio Regeni and, more recently, the forced arrest of young student Patrick Zaki”, they believed “that supporting such a sizable arms sale to [Egypt] constitutes a grave mistake”.
Since Zaki’s arrest, the Italian Government has maintained that, while the researcher is a foreign national, this does not preclude Italy from monitoring the developments of the case. In an interview with Corriere della Sera, in February 2020, the Italian Minister of Foreign Affairs and International Cooperation, Mr Luigi Di Maio, further reiterated the Government’s commitment to monitoring the proceedings against Zaki, despite the fact that he is an Egyptian citizen. Mr Di Maio commented that “beyond nationality, Italy is always committed to the respect of human rights”.[7] In contrast to this, on 14 July 2020 (239th Meeting, XVIII Legislature), in response to an MP’s question addressed to the Minister of Foreign Affairs regarding the continued diplomatic dialogue between Italy and Egypt despite the latter’s continued human rights violations, the President of the Senate, Ms Maria Elisabetta Alberti Casellati, stated the following: “You know that there are international relations and [Patrick Zaki] is not an Italian citizen”.
On 14 December 2020, with Motion no. 1-00305 tabled at the Senate (281st Session, XVIII Legislature), the signatories, expressing concern for Patrick Zaki’s mental and physical health, asked the Italian Government to urge the Egyptian authorities to promptly release the student. The text of the motion – which was not approved – clarified that:
The fact that Patrick Zaki is a foreign national does not preclude Italy from undertaking the same actions that it would undertake in favor of its own nationals abroad. This power is justified by the existence, in the international community, of human rights obligations that have been codified since the end of the Second World War.
As Zaki’s detention continued, a number of Italian municipalities adhered to the #100CittàConPatrick campaign, launched by a civil society organization known as GoFair, and granted him honorary citizenship. Since the launch of the campaign, 41 municipalities have taken this step.[8] In January 2021, a public petition[9] was launched asking the Italian authorities to grant Patrick Zaki Italian citizenship for “eminent services to Italy”, pursuant to Article 9(2) of Law no. 91 of 5 February 1992, which states that:
By an Order of the President of the Republic made following consultation of the Council of State and consideration by the Council of Ministers, upon the recommendation of the Minister of the Interior and in agreement with the Minister of Foreign Affairs, citizenship may be granted to an alien who has rendered eminent services to Italy, or where its granting is in the special interest of the State.
On 17 February 2021, Motion no. 1-00421 was tabled at the Chamber of Deputies (458th Meeting, XVIII Legislature), which sought to commit the Government “to adopt, within its competences, the initiative to grant Patrick Zaki the Italian citizenship”. The motion – again, not approved – expounded that:
the conferral of Italian citizenship, despite its lengthy process, would represent a very strong signal to both Egypt and the European allies who support Zaki’s release, and it would allow Italy and Europe to exert a heightened pressure on Cairo. Our law provides that citizenship may be granted to a foreign national “who has rendered eminent services to Italy, or where its granting is in the special interest of the State”, which Italian citizens and institutions are loudly demonstrating.
Similarly, on 24 March 2021, Motion no. 1-00329 was tabled at the Senate (307th Meeting, XVIII Legislature), which asked the Government “to urgently undertake all due initiatives to ensure that Zaki is granted Italian citizenship pursuant to Article 9, Paragraph 2 of Law no. 91 of 1992”. The motion was premised inter alia on the following observation:
Zaki’s dramatic conditions and his detention in the Tora maximum security prison, known for the inhumane treatments and continued abuses against detainees, as repeatedly exposed by several international organizations, coupled with […] systematic human rights violations against political dissidents, clearly constitute an exceptional interest of our country to promptly grant Italian citizenship to the Egyptian researcher.
On 14 April 2021, the Senate (315th Meeting, XVIII Legislature) debated Motion no. 1-00329. In response to the debate, the Deputy Minister for Foreign Affairs and International Cooperation, Ms Marina Sereni, stated the following:
With regard to potentially granting Italian citizenship to Zaki, [the Government] acknowledges the ideal, symbolic and humanitarian value of this move […]. Nonetheless, I wish to underline that the motion being discussed today, in its latest version – whose text I wish to stress the Government approves of – refers also to the need to verify that all requirements for the conferral of citizenship are met. I wish to draw your attention to the need to meticulously assess the circumstances of the context in which such conferral would take place. I urge you and myself to reflect, in particular, on two points. Preliminarily, we need to consider that granting Zaki with Italian citizenship would constitute a symbolic measure, with no practical effect for the grantee’s protection. In light of international law and principles, among other things, Italy would meet significant challenges in providing [Zaki] with consular protection, given his Egyptian citizenship, which would prevail being his primary citizenship, a principle that is strictly applied by the Egyptian authorities. Even more importantly, we need to assess the risk that such move may have on the objective that we most have at heart: to obtain Patrick’s release. In this sense, granting him with citizenship may – I say “may” and for this reason we ask and accept the idea of an assessment – even prove counterproductive and it is our shared responsibility to reflect on this.
The Senate ultimately approved the motion. Two days later, on 16 April 2021, during a press conference, the President of the Council of Minister, Mr Mario Draghi, curtly commented that “[this] is a parliamentary initiative, which, at present, does not involve the Government”.[10] Nonetheless, on 19 April 2021, the Undersecretary of State for Foreign Affairs and International Cooperation, Mr Benedetto Della Vedova, stated that the Government would start assessing whether the conditions for granting Zaki Italian citizenship exist.[11]
Both the notions of “eminent services to Italy” and “in the special interest of the State”, which justify the conferral of Italian citizenship onto foreign nationals pursuant to Article 9(2) of Law no. 91/1992, require the identification of a special link between the individual and the State. In the past, Italian citizenship has been granted to athletes who had taken part in important sport competitions wearing Italy’s colors, or individuals who had distinguished themselves for their charitable efforts in support of Italian citizens or, rarely, their humanitarian work for the benefit of non-Italians abroad, which furthers the country’s foreign policy on international cooperation and human rights promotion.
Zaki’s personal link with Italy can be established in light of his studies at the University of Bologna. Moreover, elements that may justify the conferral of Italian citizenship onto him may be his commitment to the promotion and protection of human rights in Egypt, which aligns with the Italian strategy in the Mediterranean and more generally with the objectives of Italy’s international cooperation. Moreover, a “special interest” of the Government has been clearly outlined in Motion no. 1-00329 – i.e., Zaki’s detention conditions and the systematic human rights violations against political dissidents in Egypt. The notion of “special interest” enshrined in Article 9(2) of Law no. 91/1992 would thus be read in light of Italy’s constitutional commitment to the internationally recognized human rights, in particular through Article 10 of the Constitution.
Those who support granting Patrick Zaki Italian citizenship believe this would provide the Italian authorities with the right to exercise diplomatic protection in respect of the researcher, including by directly communicating with him, visiting him in prison and arranging for his legal representation, pursuant to Article 36 of the Vienna Convention on Consular Relations. Nonetheless, the Egyptian authorities could question the genuineness of the link between Patrick Zaki and Italy by virtue of the customary principle according to which “[a] State of nationality may not exercise diplomatic protection in respect of a person against a State of which that person is also a national unless the nationality of the former State is predominant, both at the date of injury and at the date of the official presentation of the claim”.[12] Establishing the predominance of the Italian nationality in regards to Patrick Zaki would likely prove a daunting task, in light of the International Law Commission’s directions as to what factors would have to be taken into account for such determination:
The authorities indicate that such factors include habitual residence, the amount of time spent in each country of nationality, date of naturalization (i.e., the length of the period spent as a national of the protecting State before the claim arose); place, curricula and language of education; employment and financial interests; place of family life; family ties in each country; participation in social and public life; use of language; taxation, bank account, social security insurance; visits to the other State of nationality; possession and use of passport of the other State; and military service.[13]
In light of this, it is unlikely that granting Italian citizenship to Patrick Zaki will per se have any noticeable impact on his continuous detention. However, coupled with other initiatives, especially if coordinated at the European level, it may bolster pressures on the Egyptian authorities to release him, as recognized in Motion no. 1-00338, approved on 14 April 2021.
Piergiuseppe Parisi
A quotable version of this post was published in the Italian Yearbook of International Law: Parisi, “The Arrest and Continuous Detention of Egyptian Researcher Patrick Zaki”, IYIL XXX (2020), 2021, pp. 522-528; available here.
[1] Egyptian Initiative for Personal Rights (EIPR), “An Egyptian Human Rights defender disappeared and tortured: EIPR Gender & Rights Researcher Patrick Zaki, arrested at Cairo airport, tortured and sent to Prosecutors after 24 hours of incommunicado detention. Prosecution ordered his detention for 15 days”, 8 February 2020.
[2] European Parliament, Question for written answer E-000803/2020 to the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, 10 February 2020.
[3] European Parliament, Question for written answer E-000855/2020 to the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, 12 February 2020.
[4] European Parliament, Resolution on the deteriorating situation of human rights in Egypt, in particular the case of the activists of the Egyptian Initiative for Personal Rights (EIPR), 16 December 2020, 2020/2912(RSP).
[5] Amnesty International, “Egypt: Arbitrary arrest and torture of researcher studying gender in Italy”, 10 February 2020.
[6] Scholars at Risk, “Patrick George Zaki, Egypt”.
[7] Italian Ministry of Foreign Affairs and International Cooperation, “Di Maio: ‘Rome will follow the proceedings. To do a dialogue with Cairo is essential’ (Corriere della Sera)”, 12 February 2020.
[8] A list of all the municipalities that have conferred honorary citizenship onto Patrick Zaki is available here.
[9] Station to Station, “Cittadinanza Italiana a Patrick Zaki”, available here.
[10] Italian Presidency of the Council of Ministers, “Conferenza stampa del Presidente Draghi e del Ministro Speranza”, 16 April 2021.
[11] “Da oggi verifiche del Governo per dare la cittadinanza a Zaki”, ANSA, 19 April 2021.
[12] International Law Commission, Draft Articles on Diplomatic Protection, 2006, Art. 7.
[13] International Law Commission, Report of the International Law Commission to the General Assembly, 1 May-9 June and 3 July-11 August 2006, UN Doc A/61/10, p. 46, para. 5.
Motion no. 1-00305, 14 December 2020.
Motion no. 1-00421, 17 February 2021.
Italy's Diplomatic and Parliamentary Practice on International Law 