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The situation of human rights in Egypt Annual report 2003
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Chapter 5
The right to a fair trial
Justice is a fundamental right, and nations have long sought to practically implement justice for the enjoyment of all. Article 68 of the Egyptian Constitution provides for the right to a fair trial before a natural judge and makes all administrative acts and decisions subject to judicial scrutiny. International instruments give the right to trial before an independent and fair court. Cases must be heard impartially and in public by a court founded according to the law.
A number of exceptional laws have been introduced since the 1950s with the result that a single case can by examined by two different courts, a violation of general principles relating to criminal procedure.
Special courts established pursuant to this legislation threaten the principle of justice by taking the administration of justice out of the hands of the people. It also denies them their right to seek recourse to a natural judge.
The most important of these exceptional courts are perhaps the following:
| Court |
Law under which it was created |
| Revolutionary Court |
Decision 48 [1967] |
| Presidential Courts |
Law 79 [1957] |
| Ministerial Courts |
Law 79 [1958] |
| Military courts |
Law 25 [1966] as amended by Law 1 [1981] |
| Values court |
Law 95 [1980] |
| Political parties court |
Law 40 [1977] |
| Supervision court |
Law 34 [1981] |
| Supreme Emergency State Security Court |
Law 162 [1958] on the State of Emergency |
| Permanent State Security Court |
Law 105 [1980] |
In order to throw light on these courts we will cast a brief overview on their functions without losing ourselves in an in - depth analysis of their judgments.
1. The values court
This court was created in order to protect moral values. Its composition violates the principle of the independency of the judiciary since it comprises both judicial and non-judicial figures, the latter of which do not enjoy judicial immunity or independence.
2. The socialist public prosecutor
The socialist public prosecutor is in reality a civil servant who is a member of both the legislative and executive branches. Despite not being a member of the judicial power he enjoys judicial powers and competencies which usurp those of the judiciary - despite the clear executive character of the position. He has thus been bestowed with powers of investigation and accusation which should rest exclusively with the public prosecution office, the fundamental element of the judicial authority.
State administration of justice is the essence of the public prosecution office's work.
3. Supreme Emergency State Security Court
This court lacks the most fundamental of fair trial guarantees, the right to appeal to a higher court. In addition its verdicts must receive the approval of the President of the Republic before they are put in effect - a contravention of the principle of the separation of powers.
4. Military courts
These courts constitute a flagrant violation of the right to a fair trial. They are empowered to try ordinary civilians as well as military personnel for crimes listed in the first section of the second chapter of the Penal Code. There exists no right of appeal. During the course of 2003 four cases were transferred to the Emergency State Security Court while twenty nine were investigated by the state security prosecution office. Forty three civilians were transferred for investigation by the military prosecution office.
Military trials
Egyptian authorities continue to try civilians in military courts for crimes listed under the Penal Code and other ordinary laws on the basis of Article 6 of Law 25 [1966] on Military Trials. This Law antedates the Constitution and violates Constitutional principles. Article 6 (as amended by Law 50 [1980]) provides:
The provisions of this law apply to crimes listed in the first and second sections of the Penal Code and other crimes connected with these provisions. Cases will be transferred to the military judiciary upon a decision of the President of the Republic. When the President announces a state of emergency he can transfer to the military judiciary any crimes listed in the Penal code or any other law.
This Law is a flagrant violation of the provisions of the Constitution and international instruments. It deprives citizens of their right to appear before a natural judge and robs them of the rights and guarantees associated with the natural judge. These military tribunals have no connection whatsoever with the judiciary.
EOHR condemns military trials for the following reasons:
1. Military courts lack independence and are composed of members of the armed forces leadership. Members of the military judiciary are appointed for two-year periods renewable by a decision of the Defence Minister - a breach of the principle of judges' security of tenure.
2. Military court verdicts are not subject to the scrutiny of a higher court and must be approved by the President of the Republic in his capacity as Chief of the armed forces or by the armed forces officer to whom this power has been delegated.
3. Military courts lack many of the fundamental guarantees associated with a fair trial such as the right of defendants to prepare a defence and to consult their lawyer. Defence lawyers do not have the right to consult case documents or meet their clients in private. In addition defendants risk being subjected to torture while in detention.
The "God's soldiers" (gund allah) case
In October 2003 forty three civilians, all members of the Egyptian Gihad organisation led by Ayman al-Zowahury, were transferred to the military prosecution office in connection with the "God's soldiers" case. The group were arrested on the 22nd October 2003 on a charge of conspiring to attack the American and Israeli Embassies and vital infrastructure in Cairo in order to compromise security.
They were also accused of preparing large amounts of TNT high explosives which, it was alleged, they intended to use in acts of sabotage after their failure to cross the Israeli border in order to join the Palestinian resistance against the occupation.
The last two cases heard by the military courts were:
1. The Waad Organisation case (2001)
Sentences against the ninety four defendants involved in this case were issued on the 9th September 2002. Six of the ninety four received sentences in absentia. Fifty one defendants received prison sentences while the remaining forty three were freed. Three defendants were sentenced to fifteen years imprisonment with hard labour, thirteen received a five year prison sentence, twenty four a three year sentence while two defendants were sentenced to two years imprisonment. The six defendants sentenced in absentia received three year prison sentences with hard labour.
2. The Professors Organisation case (2001)
Verdicts in this case were given on the 30th July 2003 against the twenty two defendants involved, members of the illegal Islamic Brotherhood group. Five defendants received five year prison terms, eleven were sentenced to three years imprisonment while the remaining six were found innocent.
Supreme Emergency State Security trials
Law 95 [2003] has never, and will never, have an influence on supreme emergency state security courts. EOHR observed several emergency state security trials in 2003:
1. Hizb al-Tahrir case
Twenty six defendants (including three British nationals and one fugitive) were involved in this case. They were arrested between the end of March and beginning of April 2002 and transferred to the Cairo District Emergency State Security Criminal Court on the 4th August 2002. They were charged with:
- Disseminating the aims of Hizb el-Tahrir, an illegally founded organisation.
- Calling for the overthrow of the Constitution and prevention of state institutions from carrying out their functions.
- Opposing the ruling regime and calling for its overthrow
- Working towards establishing an Islamic caliphate
The original trial scheduled for the 25th December 2003 was postponed until the 25th March 2004. Court investigations lasted two full years during which time the defendants were held in custody.
Below are listed the names (listed according to the order in which sentences were given) of those convicted.
Name |
Comments |
| Ahmed Ibrahim Mohamed |
|
| Alaaeddin Abdel Wahab al-Zeinaty |
|
| Mahmoud Ali al-Tarboushy Ali |
|
| Hesham Abdel Aty al-Hamid |
|
| Walid Sayyed Mohamed Mohamed Salah |
|
| Anis Younis Abdel Latif |
|
| Reda Pankhurst |
British national |
| Majed Uthman Nawaz |
British national |
| Mohamed Atef Abdel Karim |
|
| Mohamed Hesham Mohamed |
|
| Sherif Mahmoud Ahmed |
|
| Medhat Yehya Dawoud |
|
| Ashraf Mohamed Rady |
|
| Medhat Hamdy Abdel Rahman |
|
| Ahmed Abdel Zaher Mohamed Garz |
|
| Ali Abdel Aziz Bedawy Qasem |
|
| Ian Malcolm Pankhurst |
British national |
| Hesham Abdel Aal Ali Mahmoud |
|
| Haythem Hamdy Abdel Rahman |
|
| Sa3d Mohamed Ibrahim Melouha |
|
| Mohamed Adel Abdel Zaher |
|
| Mohamed Fouad Desouqy |
|
| Ahmed Younis al-Shetawy Shehab |
|
| Mohamed Mohamed Abdel Fattah Ibrahim |
Fugitive |
| Hussein Ragab Hussein Hamed |
|
| Hassan Hamdallah Hassan Abdel Mansaf |
|
The Egyptian authorities banned Hizb el-Tahrir in 1974 after what is referred to as the "military college" affair. It was founded in Jordan in the 1950s and was originally based in Wady Forghana, Uzbekistan after the dissolution of the Soviet Union. It then spread to Tajikistan in 1998. The organisation, which has thousands of followers, calls for the establishment of an Islamic state in central Asia. It is one of the most active secret groups in the region.
2. Al-Matraya organisation (Al-Quraneen) case
The al-Matraya Emergency State Security Court issued its verdict in the "Quraneen" case on the 5th March 2002. It sentenced Amin Youssef Ali Hassan and Ali al-Mandawa Abdel Mouly to three years imprisonment and the other defendants to a one year suspended sentence. The State Security Prosecution office had presented eight individuals (one of whom was the wife of the first accused) for trial under Article 98 of the Penal Code on a charge of defaming Islam and circulating extremist ideas. The military judge confirmed the sentence handed down to the first two accused and ordered the re-trial of the remaining six in a different district. On the 1st February 2003 Mughayra Emergency State Security Criminal Court sentenced the six to a six month prison sentence with hard labour.
3. The "Sayed Tulba" case
The State Security Court transferred eleven defendants to Nasr City Emergency State Security Felony Court on a charge of defaming Islam which sentenced the first defendant, Sayed Tulba and the third defendant to a three year prison sentence. The remaining defendants received a one year suspended sentence. The military judge confirmed the verdict handed down to Sayed Tulba and ordered that the others be re-tried in the district of Mughayra. Their re-trial took place on the 17th December 2003. EOHR followed the case supported with what is sated in the Constitution concerning the freedom of thought and belief, in addition to what is stated in international documents concerned with human rights.
4. The Revolutionary Socialists
On the 6th December 2003 the first hearing in the Ashraf Ibrahim Mohamed case took place. He and four others (who were tried in absentia) were accused of belonging to the Revolutionary Socialists group and were tried in the Emergency State Security Court. The State Security Prosecution office levelled the following charges against them:
The 1st - 3rd defendants
The leadership of this illegally founded organisation was accused of seeking to overthrow the Constitution and ruling regime and prevent national institutions from carrying out their functions. The first defendant was in addition accused of possessing documents spreading and supporting these aims and of spreading false information about Egypt's internal situation abroad. It was alleged that he tarnished Egypt's reputation by sending false information about human rights violations in Egypt to foreign human rights organisations.
The State Security Prosecution office
EOHR observed twenty nine cases in 2003. None of the 238 defendants involved were transferred to stand trial.
Below are listed the names of the cases:
Name |
Case no. and type |
Date investigations began |
| Ashraf Sayyed |
1352 [2003] Muslim Brotherhood |
16/12/2003 |
| Sayyed Fouad Gumaa |
1353 [2002] Muslim Brotherhood |
16/12/2003 |
| Walaa Eddin Azmy |
1354 [2003] Muslim Brotherhood |
16/12/2003 |
| Ahmed Ibrahim Bayyoumy |
1357 [2003] Muslim Brotherhood |
16/12/2003 |
| Mahmoud Moustafa Amin |
1358 [2003] Muslim Brotherhood |
16/12/2003 |
| Mohamed Moustafa Mahmoud as-Sawah |
1359 [2003] Muslim Brotherhood |
16/12/2003 |
| Atef Gharyany Rahim |
1356 [2003] Muslim Brotherhood |
17/12/2003 |
| Mohamed Ahmed Maher |
1355 [2003] Muslim Brotherhood |
17/12/2003 |
| Adel Ahmed |
1350 [2003] Muslim Brotherhood |
17/12/2003 |
| Mohamed Tawfiq Mohamed & 12 others |
11227 [2003] Tafkir |
12/12/2003 |
| Magdy al-Farazy & 18 others |
1180 [2003] Gehad |
1/6/2003 |
| Ahmed Abdel Sattar & 15 others |
1235 [2003] Gehad |
18/11/2003 |
| Abdallah Abdel Hamid & 16 others |
367 [2003] Tafkir |
19/1/2003 |
| Sayed Kamal Abu el-Hassan |
1241 [2003] Muslim Brotherhood |
28/10/2003 |
| Ibrahim Abdel Haq Hamed & 11 others |
952 [2003] Tafkir |
17/9/2003 |
| Al-Saeed Hussein Ali Mukhlis |
502 [2003] Tafkir |
17/9/2003 |
| Ahmed Abdel Sadeq & 11 others |
1159 [2003] Tafkir |
17/9/2003 |
| Mohamed Awad Ismail Abdel Hamid |
663 [1997] 13/4/2003 |
13/4/2003 |
| Eid Ramadan Ahmed & 11 others |
1161 [2003] Tafkir |
20/9/2003 |
| Ibrahim al-Zafarany & 11 others |
814 [2003] Muslim Brotherhood Alexandria |
4/5/2003 |
| Tareq Mohamed Abdel Gawad, Amin Abdel Hamid & 15 others |
53 [2003] Muslim Brotherhood |
14/1/2003 |
| Khaled el-Attar & 11 others |
1011 [2003] Muslim Brotherhood al-Daqhaleyya |
22/6/2003 |
| Omar Makram & 11 others |
921 [2003] Muslim Brotherhood |
18/6/2003 |
| Ahmed Abdu & 16 others |
756 [2003] Members of a Qudbi group |
20/4/2003 |
| Mohamed Moustafa Zaki |
727 [2003] |
22/6/2003 |
| Khaled Ahmed Hassan & 15 others |
727 [2003] |
22/6/2003 |
| Ahmed Abdel Latif |
709 [2003] Gihad |
3/5/2003 |
| Ahmed Abdeen & 19 others |
305 [2003] |
9/3/2003 |
| Mamoun Qutb Mohamed Hassan |
565 [2003] |
29/5/2003 |
In the light of this EOHR calls for an end to the State of Emergency under which emergency state security courts operate and which are formed according to a decision taken by the President of the Republic. The Martial Laws Declaration contained in Law 162 [1958] (amended) restricts appeal of their verdicts. Only the President of the Republic has the right to overturn verdicts or order a re-trial, and his approval is required before verdicts can pass into effect.
The President must reinstate the natural judge and abolish these unnecessary exceptional courts which violate constitutionally guaranteed legal rights.
There is a vast disparity between abolished district state security courts and oppressive emergency state security courts. This is illustrated by the fact that high profile ministers, governors and other public servants accused of embezzlement or misappropriation of public funds or of fleeing with loans were tried in ordinary state security courts which allow them the right to appeal and to bring their case to the Court of Cassation. Ordinary citizens and members of Islamic movements, however, face trial in supreme emergency state security courts. They cannot appeal their sentences and where they are freed the verdict is can be annulled by a military order and their re-trial ordered in a different administrative district.
While the Government has annulled supreme state security courts it has left in place the Emergency Law under which citizens are transferred to military courts. In addition military orders permit the trial of civilians before state security and military tribunals.
Chapter 6
Freedom of opinion and expression
There was not a perceptible change in the situation of freedom of opinion and expression in Egypt in 2003, due to the combined effect of the authorities' refusal to create the legislative and political climate necessary for this right to flourish, and the existence of legislation hindering journalistic freedom. This legislation includes Law 96 [1996] on the Control of Journalism and its implementing regulation which imposes restrictions on the issuing and ownership of newspapers and Law 159 [1981] on Shareholder Companies amended by Law 3 [1998] which states that a company must secure the assent of the Cabinet if it wishes to issue a newspaper.
In addition numerous laws restrict access to and diffusion of information and ensure that the state has a monopoly on information. Some of these laws include:
Law 121 [1975] on the Prohibition of the Use and Diffusion of Official Documents,
Penal Code 58 [1937] as amended by Law 29 [1982],
Law 199 [1983],
Law 97 [1992],
Law 93 [1995]
The Penal Code describes a large number of offences which attack the freedom of opinion and expression, for example its articles 86 (amended), 98(b), 102, 187, 188, 191, 192, 193, 194, 302 and 306.
Emergency Law 162 [1958] constitutes a severe restriction on the freedom of opinion and expression. Its article 3 empowers the authorities to take exceptional measures against the press such as:
1. Placing restrictions on the freedom of individuals to meet, travel, or enter certain places at particular times. Individuals suspected of endangering public order or security may be detained and searches conducted outside the ambit of the regulations provided by the Penal Code.
2. Censorship of letters, newspapers, pamphlets, publications, edited materials including all propaganda and advertising materials before their diffusion. Authorities have the power to impound, confiscate and amend materials and close down the places in which they are printed. Censorship of newspapers, publications and the media is in the hands of the Interior Ministry following Presidential Decree 4 [1982] whose articles a and b delegated to it these powers.
Another restriction on journalism is the control that governmental councils have over journalism and journalists. The Supreme Council of Journalism, by nature of its structure and competencies, is an instrument of censorship and control and supervision of journalists and journalistic institutions. It is considered the governmental authority responsible for journalism in Egypt.
2003 witnessed a large number of negative punitive measures imposed on the freedom of publication through the trials of journalists in publishing cases in addition to violations of the freedom of thought and belief. Below are some of the most important of these cases monitored, dealt with and followed up on by EOHR.
1. Summoning of journalists to the public prosecutor's office.
The summoning of journalists to the public prosecutor's office is the first step in their being brought for trial for publishing offences. EOHR monitored the following cases:
On the 7th February 2003 the Cairo Appeals Prosecution Office began investigations with Mohamed Abdel Aal, Chairman of the Board of Arab Nation newspaper, published by the Social Justice Party into its publication of pictures of businessman Hossam Abu el-Fatouh and his wife the belly dancer Dina. The facts of the case go back to 2001 when Abu el-Fatouh was involved in several legal cases. The newspaper published several pictures of him and wife as a result of which the Supreme Council of Journalism presented a complaint to the prosecutor general in which it claimed that Arab Nation had published immoral pictures, headlines and statements.
In July 2003 Mahmoud Aref, a journalist with Al-Akhbar newspaper was summoned before the prosecutor general in connection with an investigation into a complaint presented by the former Dean of Zagazig University's Faculty of Arts. Two years previously several articles had been published about corruption in the Faculty of Arts in connection with which the Dean had been dismissed from his post. These allegations were later substantiated.
Also in July 2003 Ahmed Ezzeddin, a journalist with The Week newspaper was summoned to the public prosecutor's office after Dr Youssef Wali, Deputy Prime Minister and Minister of Agriculture presented a complaint to the public prosecutor. He accused Ezzeddin of libel following the publication of several articles accusing Wali of giving false testimony during the bribery and corruption trial of the former Governor of Giza Maher al-Guindy.
Between the 8th - 10th August 2003 journalist Mahmoud el-Asqalany published an investigation in Al-Araby newspaper into illegal engineering practices carried out by the Housing and Public Facilities Ministry. Housing and Public Facilities Ministry Minister Ibrahim Suleiman presented a complaint to the prosecutor general in which he accused el-Askalani of libel. El-Asqalany appeared before Cairo Criminal Appeals Court and the case was transferred to Cairo Criminal Court.
2. Journalists in court
EOHR remains adamant that courts should reject cases concerned with freedom of opinion and the right of those concerned with public affairs to criticise. This requires the amendment of crude and vague legislation - especially that pertaining to publishing crimes - that frequently results in negative sanctions on the freedom of journalists. This still constitutes a major restriction on the freedom of opinion and expression.
On the 19th February 2003 Bolaque el Dakroor Misdemeanours Court issued a one year imprisonment sentence with hard labour and a 7,500 LE fine against Mohamed Ahmed Abdellah and Ahmed Haridy, journalists with the Al Mithaque Al Arabi (the Arab Covenant) an online newspaper published on a site belonging to Haridy. This was the result of a libel suit brought by Ibrahim Nafie, Chairman of the Board and Editor of Al-Ahram newspaper following their publication of a series of articles in which they accused Nafie of the theft of a book, China, the 20th Century Miracle.
On the 27th April 2003 Azbekeya Misdemeanours Court issued a prison sentence against journalist Moatez Salaheddin, Editor of the Arab Nation newspaper published by the Social Justice Party following his publishing of pictures of a sexual nature showing businessman Hossam Abu Fatouh in its 4th February edition. On the 8th June 2003 the Azbekeya Appeal Court heard the case and on the 28th July it released Salaheddin, stating that had misgivings about the credibility of the case and in addition rejected the civil claim.
On the 2nd April 2003 the Imbaba Misdemeanours Court issued a one-year imprisonment verdict and 5,000 LE fine against Shaqiq el-Taher, a journalist with Sout el-Umma newspaper following a libel suit brought by a businessman.
In November 2003 the Qasr el-Nil Misdemeanours Appeal Court fined journalist Moustafa Bakry, Editor of The Week newspaper 1,000 LE for libel. The case was brought by a writer who objected to Bakry's accusing him of believing in normalisation with Israel.
On the 4th March 2003 Cairo Criminal Court issued an important verdict when it cleared Saeed el-Sonny, a journalist with el-Ahrar newspaper of the charges levied against him. At the end of 2001 the Cairo Appeal Prosecutor had accused el-Sonny of libel against the Head of the School Properties Association in a complaint raised by the Head of the Association himself. The Court confirmed that the disputed article contained material considered by the Prosecutor General to be of a libellous nature. The article was edited by Saeed el Sonny and was published in el-Ahrar newspaper on the 3rd of June 2003 under title "School Properties Association converted into a private estate". The Court decided that descriptions in the article of the way the Association was could not be considered to be libellous, even though they included personal criticism of the Head of the Association. The Court also decided that the article contained legitimate criticism rather than any kind of insult or defamation.
On the 15th November 2003 the Foah Misdemeanours Court in Kafr el-Sheikh sentenced journalist Mohamed Abdallah Ragab to six months imprisonment with hard labour and a 2,001 LE compensation order. He was convicted of libel against a businessman who brought a suit against Ragab Mohamed Khaleefa, Editor of The Generation newspaper and Nagui el-Shahaby, the paper's Chairman of the Board. The conflict originated in an article published on the 22nd of May 2002 by al Geel Democratic Party entitled "Land mafia bares its teeth in Kafr el Shaikh".
In January 2003 the Sayeda Zeinab Misdemeanours Court cleared el-Sayed Abdelallah el-Senawy, Editor of El-Araby newspaper, of a libel charge brought by the head of Engineers Association for Public Housing. El-Araby, published by the Nasserite Arab Party, published a series of investigations into corruption in the Engineers Association. The verdict was appealed by the plaintiffs in a civil suit before the Sayeda Zeinab Appeals Court which found el-Senway innocent. The Court considered the article just criticism of the administration and stated that what had been alleged in the article was supported by evidence. It affirmed that in exposing mismanagement by the administration of the Association the newspaper was motivated by public interest concerns.
On the 17th February 2003 Tanta Criminal Court cleared Ahmed Mahmoud Atwan, Editor of the Voice of the el Gharbyyia newspaper of the charge brought against him by the former Head of Tanta's Moral Investigations Unit. In February 1999 Voice of el Gharbyyia had published on its front page the headline "Strangest case: Head of Moral Investigations involved in debauchery."
The Court concluded that what the newspaper had published was a factual piece of news and that Atwan was motivated by good intentions in publishing it - the public interest. The Court cleared the convict due to the absence of any crime.
In the same context Doqqi Misdemeanours Appeal Court cleared Atef Eissa, manager of the office of the Wafd newspaper at el Gharbyyia of the libel of the former Head of Moral Investigations. In reaching its verdict the Court relied on documents presented by the defendant proving the credibility of an article published in the newspaper in 1999. The article revolved around the suspension of the Head of Tanta Moral Investigations from his post and investigation into his entanglement in suspected relationship with a lady who is running a prostitution network.
On the 24th June 2003 the Emergency State Security Misdemeanours Court sentenced Talat Hashem, Editor of Young Egypt newspaper to three months imprisonment with hard labour and a 1,000 LE fine after he was found guilty of publishing Young Egypt without a licence. In 1997 the newspaper had been seized by the Literary Works Investigations and then the case was presented to Prosecutor of el Sayyida Zainab which decided that there was no right to take actions against the the newspaper and overturned the seizure decision.
On the 5th March 2003 Cairo District Criminal Court (13) cleared Mostafa Bakry, Editor of The Week newspaper and Mohamed Bakry, its Deputy Editor, in a libel case brought by Mohamed Abdel Aal, former leader of the Justice Party. In an article published in 2000 under the headline "the complete truth about the verdict issued against us" they described the civil suit brought against them by Abdel Aal. They had been cleared of all charges in this case.
On the 26th May 2003 Agouza Misdemeanours Court cleared Adel Hamouda, Editor of Voice of the Nation newspaper and Essam Fahmy, Chairman of the newspaper's Board of libel charges brought against them by a member of the Board of a sports club. The Court held that the article published in Voice of the Nation on the 27th May 2002 rather than constituting libel was merely legitimate criticism.
At the end of April 2003 the Azbekeya Misdemeanours Appeal Court levied a 10,000 LE fine against journalist Mohamed Abdallah for libel against Osama Saraya, Editor of Al-Ahram newspaper. It should be noted that Abdallah had originally been sentenced in the Court of First Instance to one year's imprisonment with hard labour and a fine of 7,500 LE but his defence team appealed on the basis of the unconstitutionality of Articles 302, 303 and 306 of the Penal Code. The First Instance and Appeal Courts did not respond to this argument.
On the 31st December 2001 journalist Ahmed Atwan, Editor of Voice of el Gharbyyia was summoned for investigation by the Tanta public prosecution office following a libel complaint. He was presented to Tanta Criminal Court on the 11th June 2002 which began considering the case on the 25th September. It sentenced Atwan to one year's imprisonment with hard labour and a fine. An appeal was launched which was heard on the 15th June 2003. EOHR lawyers attended the appeal and demanded that Atwan be cleared of all charges on the basis of Articles 47 and 48 of the Egyptian Constitution, and Article 19 of the ICCPR, which provides for the right to opinion and expression and the right to obtain and circulate information contained printed material. The Court fined Atwan 50,000 LE and overturned the first judgement.
On the 31st July 2003 Essam Mohamed Hady, a journalist with Al-Ahrar newspaper published an investigation under the title "Egyptian company markets tourism in Israel…Egyptian company promotes the Zionist entity." The article claimed that a tourist company had issued a catalogue containing pictures of the occupied Palestinian coast and Tel Aviv and advertisements for holidays in Israel and Egypt. On the basis of this the Company's chairman raised a misdemeanour claim against Hady and the newspaper's chairman accusing them of libel. He stated that the article had brought contempt on him personally and on the company. The trial began on the 6th December 2003.
On the 1st June 2003 the Court of Cassation confirmed the imprisonment sentence issued on the 22nd October 1998 against journalists Moustafa Bakry and Mahmoud Bakry, Editor and Deputy Editor respectively of The Week newspaper. The libel case had been raised by the leader of the Social Justice Party. The two journalists presented a petition to the Prosecutor General and it was accepted by Cairo Criminal Court on the 23rd July 2003. The Court decided to suspend the previous judgment until it had decided on the petition and ordered the release of the two journalists.
3. Attacks on, and detention of journalists
The war in Iraq violently woke the Egyptian street from its slumber. Demonstrations broke out in protest at this aggression, and throngs of young Egyptians flocked to Tahrir Square on the 21st and 22nd March 2003 to express their rage at this aggression. The police responded to these protests with force, arresting a large number of protestors and whoever happened to cross their path. Egyptian journalists and newspaper correspondents tried to cover these demonstrations, but doing so was not easy. A large number were beaten by police truncheons and arrested.
The most prominent of those arrested was Hamdeen Sabbahy, a member of the Peoples' Assembly's Egyptian Legislative Council. Sabbahy was not spared insults or beatings during his arrest. This is in addition to the aggression which Al-Ahram journalist Karim Yehya and Al-Ahly's Mohamed Munir encountered in Sayeda Aisha Square on the 30th March when they went to cover demonstrations. A judicial order had been obtained authorising that the demonstration start in the Square - but it was not implemented. As a result of this the two journalists were attacked and their cameras confiscated.
Hamdeen Sabbahy
On the 23rd March 2003 Sabbahy was arrested - in a manner resembling a kidnapping -in front of his house in Mohandiseen. EOHR launched an appeal for his release expressing its concern about the manner of his arrest which was carried out by four men wearing civilian clothes.
It should be mentioned that Sabbahy had been beaten on the evening of the 21st March in front of the Lawyers' Union headquarters during his attempts to protect others from beatings by security forces. The next day he had presented a request for an interview with the Interior Minister about police excesses and the arrest and detention of civilians.
On the 23rd March Sabbahy was presented to the State Security prosecution office which ordered that he be imprisoned for 15 days on (amongst other charges) a charge of inciting riotous assembly in violation of the law.
Ibrahim el-Sahary
At dawn on the 8th February 2003 State Security Investigations forces arrested The World Today journalist el-Sahary, an opponent of the war in Iraq. He was taken to State Security Investigations headquarters in Giza. State Security Investigations had previously arrested 11 other opponents of the war on Saturday 19th.
On the 17th April 2003 journalists Hesham Fouad Abdel Halim (the Arab Newspaper) and Ayman Makram Wadie (The World Today) began a hunger strike in protest at el-Sahary's re-arrest and detention at dawn on the 14th April 2003. They had obtained knowledge that he was being beaten and tortured during his detention.
El-Sahary's detention followed demonstrations against the American aggression in Iraq on the 21st March 2003.
Shady Gamal Asaad
Asaad, a reporter with The Week newspaper was arrested on the 21st March 2003 and initially detained in the district security camp in Darassa after which he was taken to the district security camp in el-Gabal el-Ahmar. Security forces had beaten him during demonstrations against the American war on Iraq. He was beaten with sticks and punched all over his body, which resulted in a head injury.
Magda Mohamed Abdel Rahman
Abdel Rahman, a journalist with el-Araby newspaper was arrested while she was covering demonstrations against the war in Iraq in Tahrir Square. She was beaten with sticks and punched after responding to lewd insults made against her by the police and then dragged to the neighbouring American University in Cairo. She suffered several injuries from beatings to the spine, the right foot, hands, upper lip, face and jaw.
Mohamed Ragheb Abdel Sattar
Abdel Sattar, a journalist with Al-Ahaly newspaper was arrested in front of the Lawyers' Union headquarters on the 21st March 2003, beaten with sticks and punched after receiving vulgar insults during his participation in anti-war demonstrations.
4. Seizure, closing down of newspapers and suspension of printing
Closure of Echo newspaper
On the 2nd July 2003 the printing of edition twenty of Echo newspaper issued by the Social Solidarity Party (al Takaful al Egtimayyi party) was stopped after the newspaper following pressure from the authorities.
The newspaper, which printed its first edition on the 26th February 2003, and which is printed in the Al-Ahram printing house decided not to go to print after state security bodies summoned the Solidarity Party and informed it that security objections surrounded the newspaper.
On the 8th July 2003 journalists with the newspaper staged a sit-in in the Journalists' Union which lasted some 3 hours to voice their objection to the newspaper's suspension.
Seizure of Commandments for Women's Love
On the 14th November 2003 EOHR issued a press statement expressing its concern over the decision taken by Al-Azhar's Islamic Research Council to seize Commandments for Women's Love (Wasaya fi Ashq el-Nissa'). Written by poet Ahmed el-Shehawy, the book was published in January 2003 by the National Book Association as part of the General Readings for All series. The Head of the General Book Organisation, Samir Sarhan had formed a committee to read the book which decided to allow it to be published and sold. However after this decision was taken the Islamic Research Council seized the book. EOHR is concerned about the growing role of religious bodies, in particular the Islamic Research Council in censorship. Their role has now widened to encompass all artistic audio-visual materials and printed material.
Seizure of Zorba the Greek
In January 2003 during the 35th Cairo International Film Festival the Egyptian censors seized 40 copies of Zorba the Greek written by Nikos Kazantzakis and published by the Lebanese Dar el-Adab publishing house. They also seized several other books, The Unbearable Lightness of Being by Milan Kundera, Life is Somewhere Else and Creatures of Flying Desires by Edward Kharat and Satan's Paradises by Nawal el-Sadawy.
Seizure of The Beauties
In June 2003 North Cairo Court overturned the decision taken by the Supreme State Security Prosecution to seize The Beauties written by Mohamed Abdel Salam. The verdict issued by the Supreme State Security Prosecution had ordered that the book be seized and its author face trial.
In this context EOHR demands:
Cancellation of all penalties which have a negative effect on freedom in publishing cases, and calls for the application of the Constitution and international instruments which guarantee the right to freedom of opinion and expression. EOHR reasserts its persistent demands for the cancellation of all laws which restrict the freedom to issue and circulate newspapers.
It also calls for an end to the censorship of foreign newspapers and expresses its solidarity with the demands of the Journalists' Union for the protection of journalists and strengthening of the freedom of opinion and expression and human rights.
That freedom and journalism be interwoven, with the meaning that where freedom is suppressed, journalistic freedom is inevitably suppressed. Journalistic freedom is concerned with collecting, analyzing and publishing data without censorship. In other words, journalism should not fall under the control of the state, private powers or capitalism.
Amendment of media legislation to render the media more independent, free of government control and under the administration of the various intellectual and political currents in society. In this way opinions and ideas can be freely presented by the media - which is after all public property.
The realisation of the freedom of ownership and issuing of newspapers and audio-visual media by political parties, syndicates, unions and individuals, especially those who are fully Egyptian. State-owned media should be re-considered so that the media is not controlled or owned or one political party.
Consideration of journalists' wages. According to the World Bank, journalists' wages in Egypt are below poverty line. "Special bonuses" given in media institutions and other public institutions is a violation of the fair wage principle applied in all countries and a dangerous practice.
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