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A new practicing of Emergency Law
Essa's trial before the Emergency State Security Court
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26/9/2007
EOHR expresses its condemnation concerning submitting Ibrahim Essa's case , journalist and editor-in-chief of al Dostour Newspaper , to Emergency State Security Court instead of normal Misdemeanor Court which was determined to be heard on the 1st of October. EOHR calls for the President to halt this action.
EOHR confirms that this decision is a new relapse for opinion and expression's freedom. Essa's case is considered the only case which a journalist is being submitted to Emergency Court, which lacks justice and fair trial standards. Decisions taken by these courts are considered incontestable without the President request, besides carrying out these decisions requires ratification by President or military judge. These trials are illegal as they violate Egypt's duty towards international human rights covenants which became part and parcel from Egypt national legislation according to "Article 151" of the Egyptian Constitution.
On the other hand ,submitting defendants to Emergency courts according to Emergency law 162/1958 is strips off individuals from right to stand before the normal judiciary .
EOHR calls for Essa's trial before normal Misdemeanor Court and to guarantee all his legal rights gradually before courts and the right to appeal against decisions according to the law.
EOHR recalls for putting an end to state of emergency imposed since 1981, which violates rights and public freedoms guaranteed by the Constitution and international covenants specially the right for fair trial. EOHR reminds the government with the promise to put an end to emergency state as soon as releasing Terrorism law, as terrorism is being used as a pretext for its continuity. However, submitting Essa to Emergency State Security Court according to Emergency law is a violation of all rights and freedoms in Egypt specially the right to freedom of opinion and expression .
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