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VI. The Right to Freedom of Expression
Insuring the right to freedom of expression is considered one of the main foundations for the respect of human rights and creating an environment for democracy, transparency, and accountability.
Unfortunately, the Arab Human Development Report for 2002 has emphasized on the low ranking of Arab countries in the world concerning respect for freedom of expression.
In this report, EOHR monitors the violations against freedom of expression in Egypt, especially against journalists, and those working in the intellectual field.
This is a clear violation of the Egyptian constitution and article 19 of the International Covenant on Civil and Political Rights (ICCPR).
The year 2002 witnessed a spate of violations and rulings against journalists.
The year 2002 also witnessed violations concerning freedom of thought and belief.
The following are the most important cases that EOHR dealt with during 2002:
I. Journalists in front of Court:
Violations that come under this title are represented in what journalists are exposed to from punishments restricting their freedom.
Within the context of the constant debate in Egypt on freedom of expression and its relation with personal privacy, EOHR has always expressed its refusal to punishments limiting freedom in cases of publishing.
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1. Imprisonment of Ahmed Haridy, a journalist in the Mithaq al-Araby Newspaper, an electronic newspaper published on the Internet.
He was sentenced to six months imprisonment and a fine of one thousand Egyptian Pounds in the hearing on 29 April 2002, case number 5155 for the year 2001 raised by Ibrahim Nafea, chairman of the Ahram Institute. Mr. Nafea accused Mr. Haridy libel.
2. The imprisonment of Adel Hamouda, Editor in Chief of Sout al-Umma Newspaper, and Essam Ismail, a journalist in the same newspaper.
They were each imprisoned for 6 months and fined LE 500.
They were also ordered to publish the court verdict in three official newspapers.
This was in the lawsuit filed by the businessman, Naguib Saweiras.
Abedin looked into the case.
3. Case number 9428 for 2001 raised by one of the businessmen against Adel Hamouda, Editor in Chief of Sout al-Umma Newspaper for libel through a report published in the newspaper in issue number 46 on 17 November 2001 in an article titled 'Documents from the administrative censor reveals'.
A first-degree sentence was issued on 21 March 2002 to imprison Hamouda for six months with labor.
However, he appealed the ruling on 12 June 2002 and the court of appeals looked at the case.
On 25 December 2002 decided to postpone the sentence until 29 January 2003.
4. The Misdemeanor Court in Kasr el-Nil ruled on 8 December 2002 against the journalist Hussein Abd Rabbuh sentencing him to one-year imprisonment when found guilty in a case raised by the businessman Gamal Abdel Nasser Youssef After an appeal, the Misdemeanor Court of Kasr el-Nil ruled to cancel the first sentence and not accept the civil or criminal call.
5. The Misdemeanor Court of Al-Sayeda Zeinab ruled against Shohdy Naguib Sorrour, sentencing him to one year imprisonment and a fine of LE 200 in case number 1421 for the year 2002.
He was accused of publishing obscene material on the internet, which is a complete anthology of his fathers, the late Egyptian poet, Naguib Sorrour, titled Imbatha. The accused appealed the sentence however, the appeal court supported the original sentence.
6. Nasr City Court ruled on 27 April 2002 in case number 2144 for 2002 Misdemeanor Court, Nasr City raised by Amina Muhammad Gamal Muhammad against Inas el-Degheidi.
The Court refused both the civil and criminal appeal in accordance with article 251 of the criminal procedural code because direct harm was not caused to the plaintiff.
7. Bulak Misdemeanor Court ruled in favor of the accused on 31 July 2002 in the libel case raised by the author Muhammad Bahaa Eddin Taher (Known as Bahaa Taher) against a group of journalists of Ahwal Misr Magazine published by al-Ahram institution.
An article was written about him and he considered it libelous.
The court ruled on the innocence of the accused.
8. North Cairo Court ruled on case number 2885/1998 on 25 March 2002 on:
-Ibrahim Abdel Fatah Nafea as Chairman of Al-Ahram institution
-Ibrahim Abdel Fatah Nafea as Editor in Chief for AL- Ahram Newspaper
- Masoud al-Hinawy as a journalist in al-Ahram Newspaper
The court ruled that they should pay compensation of LE 250 thousand to the plaintiff for moral harm.
This was in the case raised by Ms Togan Faysel and Former Jordanian Minister of Interior, Nazir Ahmed Rashidy, who is also a member of the Jordanian Iman Council.
The journalists appealed and the court of appeals and rejected the plaintiffs' plea on the basis that the law grants the right to criticize and publish.
In addition, freedom of opinion and expression are insured to all persons within the limits of the law.
The sentence was also based on the fact that the intention of publishing the articles was for the interest of the general society and as long as it is not for revenge or personal reasons.
9. On 29 January 2001 al-Galaa Court ruled in case number 5552 for the year 1999 raised by Mr. Muhammad Motea Zayed against the journalist in al-Kawakib Magazine, Muhammad Sayed Ahmed Gad al-Karim.
The sentence was to punish the journalist in accordance with articles 7.3, 3.3, and 2.3 from the penal code and fining him LE 10 thousand for libel.
This was because he published an article in the context of a journalistic campaign.
10. Criminal Cairo Court ruled on 13 April 2002 its sentence to not accept the criminal and civil appeal raised in an illegal way and obliged the plaintiff to pay expenses and pay 30 for lawyer's expenses.
This was in the Journalists' Misdemeanor Court, number 13937 for year 2001 raised by Somaya Ezzat al-Sayed Zaghloul dean of the cancer institute in Dumietta against Chairman of Al-Mosawer Newspaper and Editor in Chief of the same newspaper.
She accused them of publishing an article in the newspaper on 7 June 2001 titled 'The dog of the Dean in the intensive care'.
11. Bulak Misdemeanor Court on 5 November 2002 issued its sentence to imprison the journalists Saad Sayed Abdel Khalek, Editor in Chief of Midan Newspaper, and Walid Abdel Hamid Ahmed al-Daramaly a journalist in the same newspaper for three months suspended and to pay a fine of LE 200 each and LE 2001 in compensation.
This was in the case raised by Chairman of the Shura Council and the Higher Council for Journalism for possessing pictures with intent to publish, of Former President Anwar al-Sadat.
The pictures were considered unsuitable for publishing.
They were also accused of publishing the pictures on the first page of the newspaper with the intention to disturb the reputation of the country and its president.
12. Ibrahim Nafea, Editor in Chief for Al-Ahram Newspaper, was called to an investigation of an article published by journalist Adel Hamouda titled 'Jewish Pie from the Blood of Arabs'.
This was based on a complaint presented to the French courts by one of the Jewish organizations, which said that the article incited hatred against Jews and was anti-Semitic.
EOHR had published a report on the issue on 3 August 2002 titled a new violation of the freedom of expression:
French courts sued Ibrahim Nafea for anti-Semitism.
EOHR had expressed its solid stance against trying journalists and writers for their opinions.
It has also expressed its concern that this case is a cover up, masking the daily crimes committed against humanity by Sharon's government in Palestinian occupied territories.
II. Attacking Journalists and Media Personnel:
1. The Egyptian Journalist, Magdy Mahna was banned from entering Syria.
He had arrived in Damascus Airport on Monday 16 December 2002 coming from Baghdad after meeting with several Iraqi officials.
He had to stay in Damascus Airport for 9 hours until the departure of a plane to Cairo.
2. Security forces arrested the photographer, Muhammad Ezz Eddin al-Naggar, and Muhammad Eid Galal, audio recorder of El-Jezeirah Channel after photographing student demonstrations in the University of Alexandria denouncing Israeli policies.
They were taken to Bab Sharq police station where they were detained for one day.
They were presented to Bab Sharq prosecutor.
After an interrogation, lasting 7 hours they were released and their camera and film were returned.
EOHR called for providing complete protection of journalists whilst on duty in accordance with the Egyptian constitution, and international covenants especially article 19 of the International Covenant on Civil and Political Rights (ICCPR).
III. Censorship in Egypt:
1. On 1 December 2002, EOHR expressed deep concern for banning the distribution of the Lebanese Al Adab Magazine in Egypt (November/December 2002 Issue) without a written decision.
The issue included a file on censorship in Egypt.
In EOHR's report titled 'Egyptian Authorities Ban the Distribution of the Lebanese Al Adab Magazine in Egypt', the organization confirmed that such a decision is a violation to the freedom of expression and opinion.
It has requested Egyptian authorities to allow the distribution of the magazine in Egypt to stop all forms of confiscation and censorship on the freedom of expression and opinion.
Following this, the Censorship allowed the release of the issue and denied any decisions on banning the distribution, EOHR published a new report on 3 December 2002 clarifying the Egyptian Authority's retraction of its impromptu decision.
2. On 1 December 2002, the censorship committee banned the third issue of Zawaiya Magazine, an Arab cultural youth magazine published in Beirut.
The magazines staff expressed their concern in a press release and confirmed that the issue, which had been banned by the censorship committee, does not contain any violation of taste or general morals.
IV. Freedom of thought and belief:
1. On 5 March 2002, the Mataryia State Security Misdemeanor Court ruled in the Qur'anists Case against eight accused.
The Court sentenced the first and second accused to three years imprisonment with labor and the rest were sentenced to a suspended one year.
The State Security Prosecutor had charged the accused with abusing the Islamic religion to spread radical ideas in order to incite chaos.
EOHR had requested the President in a press release on 6 March 2002 to abstain from ratifying the sentence.
EOHR confirmed the legal articles regulating freedom of expression and the exceptional laws headed by the Emergency Law which is drafted in such a manner as to incriminate all forms of freedom of belief and peaceful expression, which is a right protected by international human rights covenants and the Egyptian Constitution in article 46.
In this context, EOHR issued an immediate request on 12 March 2002 requesting the immediate release of the accused in this case.
As five of the six sentenced to one year suspended sentence remained in custody in Turrah Farm Prison on the basis that the ruling was not yet ratified.
EOHR considered this an illegal detention in violation of article 280 of the penal code.
In addition, this is an outspoken violation of article 465 of the criminal procedures law.
In the conclusion of its request, EOHR called upon the General Prosecutor and the Minister of Interior to quickly intervene and release the prisoners in accordance with the law and based on the supremacy of law.
2. EOHR followed up on the investigation with the student Muhammad Ahmed Abdu Hegazy (20 years old), student in the social services institute in Port Said.
The Port Said State Security Investigating Bureau arrested him on 5 September 2002 for spreading ideas inciting hatred and destabilizing general security and peace.
In this context, EOHR issued a report on 22 September 2002 requesting the immediate release of the student and confirmed that the accused was exposed to maltreatment in the headquarters of the State Security Investigation Bureau in Port Fouad City.
He was detained for two days with his hands tied and blind folded before being presented to the State Security Prosecutor.
EOHR expressed its deep concern regarding the excessive use force and of the State Security Prosecutor who detained the accused without sufficient reasons, and called for the immediate release of the accused.
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Copyright © 2002 EOHR. All rights reserved. 