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EOHR's report about press freedom in Egypt
Journalism In Egypt: Caught Between Laws And the Government
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12-7-2006
Part Three
Journalists behind bars
Two divisions are enlisted under this title:
First division: discussing the most important journalistic cases recorded and witnessed by EOHR, during the period from 2004 to July 2006, amounting to 33 case in relation to the Egyptian Judiciary.
This part includes three chapters, first of which is discussing the cases of Al Masry Al Youm Newspaper, second is related to Al Fajr newspaper, the two of which are taken as two examples for a daily independent newspaper, and the second is an example for a weekly one. While part three discusses most important cases followed by the organization all over Egypt.
Chapter One
Al Masry Al Youm Newspaper
1. Abdullnassir Ali - Journalist at Al Masry Al Youm
On September 9th 2004 Judge Maher Abdulwahed the Prosecutor General, ordered the referral of the police report presented by the Minister of Housing Dr. Ibrahim Soliman, against three journalists from Al Masry Al Youm, whom are:
Abdullnassir Ali
Alaa Al Ghatrefy
Youssif Al Oumy
Regarding the news story published by the newspaper under the title, "Inspecting Ibrahim Soliman's Office... the Minister is order to stop working until end of investigations" in issue no. 73 issued on August 18th 2004.
The newspaper published the mentioned above story on its first page, in which it was said that a supreme inspection authority inspected the office of the Minister of Housing, after the State Security Prosecution Office investigated with Dr. Diaa Al Mouniry, the brother-in-law of Dr. Ibrahim Soliman, and the director of InferoCivic Engineering office, in a lawsuit.
The news of the inspection of the Minister's office were denied the next day, by an official spokesman from the Cabinet, therefore the newspaper on its issue no. 74 on August 19th 2004 published a correction for the story, and the three journalists provided a copy of the newspaper with this new issue to prove good cause. However, the General Prosecution office referred the three of them to the Criminal Court, accused of Defaming and insulting a civil servant, whom is Dr. Ibrahim Mohamed Soliman, by the news story they published at Al Masry Al Youm on issue no. 73, and the story they published was considered as a perpetual action of harm, the documents of the case were attached to Articles 171/5, 185, 302, 303/2, 306, 308 of the Penal Code, and Articles 21 and 22 of Law no. 96/1996 regulating Journalism.
Case no. 13781/2004 misdemeanors Kasr Al Nile, Cairo Criminal Court.
On April 17th 2005 the court decided to grant the three journalists punishments, the decision was announced with a year in prison and a remedy of 10001 L.E.
After the decision EOHR sent a memo to the Prosecutor General demanding halt the decision, because of Article 489 of the Criminal Procedures Law, "The General Prosecution in cases which postponing verdicts on the convicted is allowed, may ask the convicted to provide guarantees that he will not escape the verdict until its reasons are annulled.
The memo also took root from the fact that the Journalists Syndicate finished its bill and provided it to the Ministry of Justice in order to review it as a first step towards presenting it to the Parliament in order to discuss it and issue it.
The presidential promise granted by Mr. Mubarak on the opening of the Fourth Journalists Congress on February 23rd 2004 was also mentioned, and in which Mr. Mubarak said that the government will provide a bill annulling the freedom confiscating verdicts in publishing cases.
The verdict was challenged by the opposition, and on February 23rd 2006 the Cairo Criminal Court decided not to accept the challenge regarding the first convicted, and to accept it regarding the second and third, with the dismissal of the convictions directed to them, and also ordered the defendants to pay 10000 L.E. as a civil remedy, and 100 L.E. as defence charges.
2. Ghada Abdullal, Magdy Al Galad
On July 23rd 2005 Al Masry Al Youm published a news story in its issue no. 407, entitled, "Shaha Al Takamol Hospital turns into a kingdom above the law".
The story discussed the Shaha Hospital's circumstances, scrutinizing what is happening inside it, after that article of Dr. Mohsen Abu Al Eenin, the Director of the Hospital filed a lawsuit, no. 15860/2005 Misdemeanors, Mansoura Court, that witnessed a hearing on October 3rd 2005, in which the court stated that the case is not in its jurisdiction, and referred the case to the Public Prosecution Office, which in its turn appealed in the verdict, and on May 2nd another hearing was scheduled in Mansoura Misdemeanor Court on May 2nd 2006.
3. Kamel Tawfik Deyab
On March 16th 2006 Al Masry Al Youm published a news story entitled, "A citizen accuses the Physicians Syndicate", the story discussed the medical ignorance which a citizen was subjected to, by a physician, including not exerting good efforts in treating him. After the story Dr. Ahmed Emad Al Din Rady, A surgery professor at Ein Shams University, filed reports to the Public Prosecution, which referred the case to Cairo Criminal Court, Fourth district, with no. 4124, and the case is still being processed.
4. Omar Hassanin - Journalist
On February 23rd in issue no. 620 of Al Masry Al Youm, he published a news story entitled, "an actor hides his wife's bad behavior claiming that she's a religious reformer". The story is about how the wife of an actor called Magdy Abdulhalim Ahmed escaped, on reading the story he filed a case in Abdeen Misdemeanor Court, and is still being processed.
5. Magdy Al Galad
Emad Al Sayed
On September 17th 2005 Al Masry Al Youm published a news story in its fourth page entitled, "Al Shams Housing stakeholders open fire on their Chairman". The story tackled the problems between Al Shams stakeholders' problems with the Chairman of the Board of Directors.
After the story was published Mr. Hosny Hafez Abdulrahman, the Chairman and the Managing Director of Al Shams for Housing and Constructions, filed a report accusing the editor of the story of insulting and defaming him by what he published in the newspaper. The case was filed with no. 15828, and first hearing was held on December 12th 2005, and on March 19th 2006 the Cairo Criminal Court decided to dismiss Magdy Al Galad, the Editor-en-Chief and journalist Emad Al Sayed.
6. Kamel Deyab-Chairman of the Board of Directors of Al Masry Al Youm
Anwar Al Hawary - Editor-en-Chief
On November 20th 2004, in issue no. 165 of Al Masry Al Youm and in page no. 6, there was an article entitled, "Defeated writing", the article which discussed the writing of Mr. Mustafa Bakry the Editor-en-Chief of Al Osboa Weekly newspaper. On publishing the article Mr. Bakry filed a case accusing Kamel Deyab and Anwar Al Hawary at the time of insulting and defaming him by the article, and Bakry said that the defendants insulted and defamed him in phrases related to his person, saying that the Article said, "what remains is that we should say to Bakry: Jerks can easily affect coward minds".
"Your defeated writing, after all flee away from you and readers do not trust you anymore".
The case was filed with no. 748/2005 Kasr Al Nile misdemeanor, first hearing of which was on February 1st 2005, and dismissal decision was issued on September 28th 2005.
7- Magdy Al Galad, Magdy Sam'an
On March 3rd 2005 the journalist Magdy Sam'an published a news story entitled, "Moussa the Ambassador in a Quest for Heroism". The story was published after the events in Al Wafd Party and the arrest of Dr. Ayman Nour, the president of the party. Mr. Moussa Mustafa Moussa considered the story constituting insult to him, so he filed misdemeanor case no. 7370/2005 Kasr Al Nile, and said in the statement of his case that the defendant insulted and defamed him with phrases like, "Mustafa Moussa has no political experience", and, "He's originally an ambassador, not more".
First hearing was held on June 15th 2005, and on October 10th 2005 Kasr Al Nile Misdemeanor Court decided the dismiss the case and clear Magdy Al Galad and Magdy Sama'an
8. Hesham Kassim
Magdy Al Galad
Khaled Ezzaldin
In Issue no. 351 issued on May 28th 2005, Al Masry Al Youm published a story entitled, "Who comes after Mustafa Olwey as the director of Public Culture?"
The story stated that the directorship of Mustafa Olwey at the public culture authority is closing to an end and criticized his acts and work during the past period. So Olwey considered the story as constituting insult and defaming to him, and filed case no. 10914 in Cairo Criminal Court, on its 13th district. First hearing of the case was held on September 5th 2005 and on February 9th 2006 the court dismissed the case.
9. Kamel Tawfik Deyab
Magdy Al Galad
Ali Al Sissy
Mohamed Radwan
Mohamed Sayed
In its issue no. 417 on August 2nd 2005, Al Masry Al Youm published a story entitled, "A police report from fired Al Gil journalists against Al Shahaby", on reading the story Mr. Nagy Al Shahaby filed a case numbered 15150/2005, and on the session held on January 15th 2006, the defendants were dismissed.
10. Kamel Tawfik
Magdy Al Galad
Mohamed Abdulkhaliq Msahel
On August 15th 2005 Al Masry Al Youm published in issue no. 430 on the third page a news story entitled, "A protest of Al Gil journalists at Al Shoura Council".
The story stated that the journalists of Al Gil newspaper decided to organize a protest because their salaries are late, the act that was considered by Mr. Nagy Al Shahaby the President of Al Gil Party and the Shoura Council member as insulting and defaming him, so he filed misdemeanor case no. 15101 Kasr Al Nile Court, with the first hearing on November 12th 2005, and the court decided to dismiss the case and clear the names of defendants.
11. Kamel Tawfik Deyab
Hesham Kassim
Magdy Al Galad
Ali Al Sissy
In the newspaper's issue no. 526 issued on November 21st 2005, a story was published entitled, "Mansoura events into police stations".
The story talked about the bad state of Mansoura Sproting Club, criticizing the events happening in it. On reading the story Ibrahim Ahmed Mahmoud Megahed the former president of the Club, filed misdemeanor case no. 17563/2005 Kasr Al Nile Court, and Said in stating his case that the story talked about him in person with phrases including insult and defaming like, "The former chairman of the board, Ibrahim Megahed, made a joint for gangs out of the club", and, "Ibrahim Megahed misspent the public money". As Megahed used his influence and relations to bullies to shatter the glass of a car of one of runners against him for the chairmanship of the board.
Megahed said that these phrases are insult to him, because if it is true, punishment to him shall follow.
On January 4th 2006, Kasr Al Nile court held its first hearing for the case, and dismissed the case on June 20th 2006.
Chapter Two
Al Fajr Newspaper
1. Amira Malash
On March 7th 2006 Giza Criminal Court issued an order for the imprisonment of Amira Malash for a year, in case no. 1381/2006, in a trial that took no longer than seven minutes. Amira Malash published a news story about the Prosecution investigations with one of the accused person in a corruption case, and published information about the case in which one of Alexandria Court's judges name was mentioned. So he filed a report to the Prosecutor General accusing Amira Malash of insulting and defaming him. The case was referred to Alexandria Court which issued the verdict mentioned above.
2. Mohamed Abdullatif
Manal Lashen - Al Fajr Newspaper
On October 9th 2005 North Giza Criminal Court, 2nd district, opened case no. 27215/2005 in which Mohamed Abdullatif and Manal Lashen were accused of Insulting and defaming Mr. Emad Al Gelda, the member of the Parliament, and the case is still being processed. The two mentioned above published a story in issue no. 13 of Al Fajr newspaper issued on August 27th 2005 entitled, "Imprisonment to Emad Al Gelda's Nephew", and another story entitled, "Did Emad Al Gelda participate in the crime with finance or in took his part in silence?". While Manal Lashen published another story in the same issue, in page 8, entitled, "The Parliament member replied with the only way he knows", and another story with the name, "Vague Oil deal between Emad Al Gelda and Sameh Fahmy".
3. Adel Hamouda
Mohamed Abdullatif - Al Fajr newspaper
On March 22nd 2006 Nasr City Misdemeanor Court held a session for the case presented in which Adel Hamouda and Mohamed Abdullatif were accused of insulting and defaming Hany Mamdouh Sorour, the member of the Parliament, and the case is still being processed. Mohamed Abdullatif published a story in Al Fajr's issue no. 35 on January 1st 2006 entitled, "Hany Sorour's trials to escape bad Kidney filters case".
4. Adel Hamouda
Fady Habash - Al Fajr Newspaper
On January 12th 2006, Giza Criminal Court held a session for the case of Fady Habash and Adel Hamouda, accused of insult and defaming to Emad Al Gelda, the Parliament member. The two mentioned above published a story in the Farj News paper issue no. 26 issued on November 21st 2005, page 8, entitled, "Emad Gelda's Lawyer presents a false petition to ban other candidates" and the case is still being processed, at 10th district criminal court.
5. Noha Al Nahas, journalist at Al Farj Newspaper
On the issue published on August 3rd 2005 a story was published entitled, "Revealing the mystery of assault against an internal design engineer at Alexandria gates. An Alexandrian businessman protects his ex-wife bully style". In the story it was said that Sherif Deyab was assaulted by gangs at Alexandria gates before weeks, and lately it was found that the people who assaulted him and stole his care were not just thieves, but professional bullies paid for a certain mission. Dr. Fathy Saleh Abdullfatah accused each of Adel Hamouda and Noha Al Nahas of insulting and defaming him in the article, and filed a case against Al Fajr newspaper with no. 20264/2005 Alexandria Criminal Court, that discussed the case in its hearing held on January 21st 2006. Dr. Fathy Saleh Abdullfatah said that the defendants insulted him in their article, as they said that the defendant he was behind the assault events on Tarek Sherif Deyab, because of conflict with him regarding his relationship to his ex wife, which was considered an insult.
On May 21st 2006 Alexandria Criminal Court dismissed the case and concluded that the case is not in its jurisdiction.
6. Amira Malash - Journalist at Al Fajr Newspaper
On August 27th 2005 Al Farj published in its 13th page of the second issue a news story entitled, "Everyday's events: A Saudi woman hits an Egyptian police officer on the face". She put a photo for a Saudi person with the story, and said that on August 17th 2005 Captain Mahmoud Mustafa Salama, from Masr Al Kadima Police station, was doing his duty at Meredian Mart Hotel, when a car with no. 127510 Giza, passed him with high speed, he followed it and wrote down a report for the driver, then two women riding in the car assaulted the officer with hands and by verbal insults, then it was found that the women are Saudi, then the officer filed a police report with no. 14832 Masr Al Kadima, and the newspaper published a photo for a person with a woman in the story. After reading the story, Al Sayed Ali Atteya filed a misdemeanor case, Agouza Court, accusing Amira Malash of Insulting and defaming him, by using his photo in the story.
First hearing of the case was on January 21st 2006, as the court dismissed the case.
7. Adel Hamouda
Olaa Adel
Hanaa Hamad
On July 23rd Al Fajr in its 8th issue published a story entitled, "Working under fire in Kamshish", with a subtitle, "The family that sold Ahmed Orabi to the English army imprison farmers and take their lands, until now".
The feature was about the family of Mr. Salah Al Feky, the Chief of Kamshish village during the 1960's, whom tortured farmers, assaulted them and didn't abide to the Agricultural Reformation rules, by using his influence. The feature presented a word for one of the workers who used to work with Salah Al Feky, called Mohamed Al Sayed Abdullrahman, who said that Al Feky didn't abide to Agricultural Reformation rules for 9 years, from 1952 to 1961, until the complains of farmers regarding the issue took its influence in the end, after the death of Salah Hussien, a farmer, in April 1966.
On reading the story, Mr. Hazem Saladin Ahmed Al Feky filed a case accusing Adel Hamouda, Olaa Adel, Hanaa Hamad and Mohamed Saa'ed Abdullrahman (the main source), or insult and defaming the heirs of Salah Al Feky, by accusing them of crimes, if true will subject them to harm, beside insulting the family name.
On its first hearing on December 7th 2005, the court held the first session of the case, and on March 1st 2006, the court decided to dismiss the case with the decision that it's not in its jurisdiction, and referred it to Agouza Court.
8. Adel Hamouda, Mohamed Abdullatif
On January 23rd 2006, Al Fajr Newspaper published on its 34th issue a news story about the report of the American Food Authority, regarding, "Kidney filters produced by Lina Medical, owned by Mr. Hany Mamdouh Sorour". On reading the story Hany Sorour filed case no. 7376/2006 misdemeanor Nasr City Court, which held its first hearing on March 20th 2006, and Mr. Sorour said that on issue 34 of Al Fajr he read a story entitled, "Hany Sorour's Fortune from bad Kidney filters".
The story writers said that the illegal acquisition of money became allowed, and that trading in blood is also allowed, with no differences between Blood Banks, Loaning banks and Government.
He also confirmed that the story is about a report issued from the FDA about kidney filters produced by him, and that these filters are not following standards, the thing which is considered by Sorour as insult and defaming.
On April 5th 2006 the Nasr City Court ruled that its not in its jurisdiction to look the case, and referred it to Agouza Court.
9. Adel Hamouda, Mohamed Abdullatif
On February 6th 2006 Al Fajr published in its 36th issue, page 15, a follow up to the story about the filters, so as Mr. Sorour filed another case against Adel Hamouda and Mohamed Abdullatif claiming that they insulted and defamed him by the story, the case took the no. 7376/2006, and first hearing was on March 20th 2006 at Nasr City Court, which on April 5th 2006 decided that its not in its jurisdiction to look the case and referred it to Agouza misdemeanor Court.
10. Sherif Gadallah - a source in a news story
Al Fajr published on August 12th 2005 a story entitled, "Al Ketabeya religious sect's leader and his wife, Sonja, are leaders of bullies in Alexandria".
The main source of the story was Mr. Sherif Gadallah (Lawyer), and on reading the story Mohamed Ibrahim Abdullbaeth and Mrs. Sonja Ahmed Mohamed filed case no. 32184/2005 Attaren Court, accusing Sherif Gadallah of insulting and defaming them. A hearing was held at Attaren Court in Alexandria and dismissed the case as it is not in its jurisdiction, on its session on March 28th 2006.
Second:
Various Cases
1. Wael Al Ebrashy - Sout Al Omma
Mr. Gamal Tageldin, member at the Journalists Syndicate, and others
Prosecutor General referred journalists Wael Al Ebrashy and Houda Abu Bakr (Sout Al Omma Newspaper), and Abdulhakem Al Shamy (Afak Arabeya Newspaper), and Mr. Gamal Tageldin (Lawyer), to criminal trial in the case known in the media as "the black list" case, as the Public Prosecution office accused them of insulting the judiciary by publishing stories about corruption in the parliamentary elections, as they mentioned the involvement of the judges in these events, which was considered by the Prosecution office as an insult to the judiciary, therefore it referred them to trial in the 7th district of Cairo Criminal Court. The court in its first hearing on June 18th 2006 in the presence of the media consolidating with Wael Al Ebrashy and his colleagues, decided to postpone the verdict until September 16th 2006.
2. Shakek Al Taher - Journalist at Sout Al Omma
On March 16th 2004, Imbaba Court decided to imprison journalist Shakek Al Taher (Sout Al Omma Newspaper) for a year, with a fine of 5 thousand L.E., supporting the verdict issued against him regarding insulting and defaming an actress two years before that, which her divorce story was mentioned in the newspaper on July 18th 2004. Shakek Al Taher mentioned in his news story many accuses from the ex husband to the wife, in the divorce case.
In the following issue of the newspaper, they published a big story in which the actress talked, and her point of view was published, as the newspaper considered the interview expressing her right to reply. However, Shakek Al Taher was faced with an insult and defaming case.
3. Ibrahim Essa - Editor-en-Chief of Al Dostour Newspaper
Sahar Zaki - Journalist at Al Dostour
A lawyer from Warak filed a case against Ibrahim Essa and Sahar Zaki accusing them of insulting and defaming the President of the state and insulting the people of Warak, and he said on April 5th 2006 that Al Dostour in its issue no. 55, 4th page, under the title, "A citizen from Warak demands the trial of Mubarak and his family, and to return 500 billions they took from the public sector and foreign aids", the story which he considered as an insult to the president of the state, and said that at the end of the story the journalist wrote, "noteworthy, the citizen who filed the case is living in Warak, which is a neighborhood void of services, close to a squatter settlement area", which the lawyer considered as a personal insult to him.
With Mr. Ibrahim Essa, came in the defence team each of Mr. Essam Essa, Mr. Sayed Abu zied from the Journalists Syndicate, and also the lawyers Ahmed Abdullhafez and Mohamed Te'ema volunteered for defence, beside the lawyer of the Egyptian Organization for Human Rights.
They claimed that the case should be dismissed for procedural and subjective reasons. The Court decided to give its verdict in the case on June 26th 2006, as the date of deciding to imprison the three defendants with 10 thousand L.E. as a fine, with 2001 L.E. as temporary remedy.
4. Amer Salman - Director of Accidents department at Al Ahrar Newspaper
Alaa Shalaby - Al Ahrar's Correspondent from Gharbeya Governorate
Alaa Shalaby published a news story in Al Ahrar Newspaper entitled, "Five parliament members have sex with a whore". On reading the news story, each of Abdulfattah Amin, Hamada Ahmed Abdulkader, Mohamed Ahmed Bastawesy, Abdulmohsen Mohamed Dawod, the Parliament members of Gharbeya, filed a police report to the Prosecution office, that asked the two journalists about the facts of the case, then referred it to Hadayek Al Kobba misdemeanor Court, the case took no. 17659/2002, and on its first hearing decided to jail and fine the two journalists. Then the journalists challenged the decision and said that the Court has no jurisdiction over the case, as the parliament members are public figures, therefore the court decided to refer the case to Cairo Criminal Court to decide.
On its session of March 29th 2004 Cairo Criminal Court postponed the case. After hearing witnesses, among them was Abdulsahee Hassan Mohamed Abdulshafy, parliament member, who said that he dismissed his right in the case.
Also Mr. Abdulmohsen Dawod, the former parliament member dismissed the case.
After that the court heard the defence of the defendants and postponed the case more than once, until it finally dismissed the case and cleared the names of the defendants of the charges against them.
5. Essam Hady - Journalist at Al Ahrar Newspaper
On July 31st 2003 Essam Hady published a story entitled, "An Egyptian Tourism Company Advertise for Tourism in Israel".
Essam Hady talked in his story about how a certain Tourism Company issued a catalog including photos for Palestinian beaches, and for Tel Aviv, inviting tourists to visit Egypt and Israel. On reading the story, the Chairman of the company field a case against the journalist and Mr. Salah Abadaya the Editor-en-Chief of Al Ahrar newspaper, accusing them of insulting him in the news story they published, defaming him in person, beside his company. The hearing of the case was held in Hadayek Court, and in its first session on December 6th 2003, EOHR's lawyers attending with Hady proved conducting his work in good cause, as he published a story correcting the previous one.
On January 31st the Court dismissed the case and cleared the name of Essam Hady of the accuses thrown at him.
6. Mohamed Abdullah Ragab - Journalist at Al Gil newspaper
On January 26th 2004, Fowah Court of Appeal held a session for case no. 9839/2003 regarding the accuses of Mohamed Ragab with insult and defaming against a businessman, the case is still being processed. The court previously ruled the imprisonment of Mohamed Ragab 6 months and a bail of 100 L.E.
Mohamed Ragab published a story in Al Gil newspaper, in its second issue on May 22nd 2002, and on page 10 the story was entitled, "Lands mafia sets eyes on Kafr Al Sheikh".
The court confirmed in its verdict on November 15th 2003 that the insult felony committed by the defendant, as per claimed, is already established in the case, because of Article 302 of the Penal Code, as the journalist said in his story that the victim is, "A Tycoon taking more than 25000 land area illegally, that faces the river Nile, with a value not less than 10 million L.E., and that he bribed the officials in order to take the government's land. On May 13th 2005 the court issued its decision for annulling the previous decision, and imposing a fine on Mohamed Abdullah Ragab (5 thousand L.E.).
7. Motaz Al Hadidy - Editor-en-Chief of Fajr Helwan Newspaper
In its 80th issue on the first of January 2004, Fajr Helwan newspaper initiated its campaign against Lands mafia in Helwan under the title, "An organized campaign against Lands mafia".
The story handled the involvement of a member in the Council of the Governorate, a lawyer and his son, regarding taking lands of the government by false contracts. The campaign included stories about how a local Helwan newspaper published news about the lands mafia, but in its latest issue it withdrew.
On reading the newspaper, the editor-en-chief of the newspaper mentioned accused Motaz Al Hadidy of insulting and defaming him, by the case he filed at Helwan Misdemeanor Court, which in its first hearing held on March 9th 2004 ruled postponing the case more than once, and it is still in processing. On May 30th 2005 Helwan Court, 1st district, decided to issue a fine against Motaz Al Hadidy with 5 thousand L.E.
8. Magdy Hussien - Editor-en-Chief of Al Sha'ab newspaper issued on the Internet
On February 22nd 2004, the Public Prosecution Office referred journalist Magdy Hussien, the editor-en-chief of Al Sha'ab newspaper issued on the internet to trial, accusing him in case no. 2905/2004 Masr El Kadima Misdemeanor Court, after the police report filed by Dr. Youssif Wali, the former Minister of Agriculture.
In the referral report, it was said that during the period from September 6th 2002 to September 5th 2003, journalist Magdy Hussien insulted and defamed a civil servant by a public channel, insult which is directed to Youssif Wali, Deputy Prime Minister and the Minister of Agriculture, by saying things about him if true, it necessitates punishment, and despise against his people and family, by means of the articles published on the website of Al Sha'ab newspaper, issued on the Internet, saying that the Minister is a head of a Zionist network in Egypt, and that he practiced wide range assassination operations against Egyptians, and that he is no more than a chess piece that has no shame.
The case was processed in Cairo Criminal Court, on the hearing held on October 4th 2004, the defence of Magdy Hussien asked for an expert for studying the articles of Magdy Hussien on the Internet, in order to know whether the website was opened by others and some words were added.
On April 7th 2005, Cairo Criminal Court dismissed the case and cleared the name of Magdy Hussien of the charges against him.
The defence of the defendant confirmed to EOHR's representative that the expert's report mentioned that the website of Al Sha'ab newspaper included many articles, among which were not the article related to the charges, also that the website is secured but it can not be guaranteed as impossible to penetrate or no.
The defence also relied in the trial on the assumption that even if the article is truly related to the defendant, it is not more than a political criticism to the Minister.
9. Mahmoud Al Askalany - Journalist at Al Arabi Newspaper
On August 31st 2003 Dr. Ibrahim Soliman, former Minister of Housing, filed a report to the Prosecutor General Maher Abdullwahed, accusing Al Askalany of insulting and defaming him in two articles published in Al Arabi newspaper, in its issues on August 10th 2003 and August 17th 2003, the first entitled, "12 billion L.E. are the investments of the Minister of Housing's brother-in-law", the second, "Minister of Housing run work in the Ministry by night from a café in Nasr City".
In the report filed to the Prosecutor General, it was said that the two articles include untrue events, and if true it necessitates punishment according to Penal Code. The report was filed by no. 77/2003 Under Investigation, Cairo Appeal Prosecution Office.
On September 22nd 2003, the Attorney General asked Cairo Court of Appeal to refer the papers of the case with no. 12255/2003 Ein Shams Misdemeanor Court to Cairo Criminal Court, and on August 10th and 17th 2003 the defendant was accused of insult and defaming a civil servant, Dr. Mohamed Ibrahim Soliman, the Minister of Housing at the time, describing the minister as profiting illegally and adding illegal profit to the office of his brother-in-law using his position at the ministry.
The case was processed at Cairo Criminal Court, and on the hearing held on January 11th 2004, the Court heard witnesses, among which was Mr. Kamal Ahmed, the parliament member, who denied in his witness that he and his colleage Al Badry Farghaly the member of the parliament, asked the Minister of Housing for a hearing regarding the reports of the Central Accounting Authority, about lands for public housing, from which parts were taken and turned into villas. He added that 33 operations were given to InferoCivic office. On the hearing held on March 13th 2004 the court heard the witness of Dr. Diaa Al Mouniry, the owner of the office then postponed the case to the hearing scheduled on March 14th 2004, and to hear the witness of Mr. Minister of Housing. However, the defence accompanying the defendant was struck to find that the court issued its verdict in the same hearing, in absence of the defence, and decided to put a fine on Askalany (20 thousand L.E.).
10. Ahmed Ezzaldin - Journalist
On issue no. 339 of the Osboa weekly issued on June 23rd 2003, Ahmed Ezzaldin published a news story about the word of the former Minister of Agriculture at High State Security Court in the case of the former Giza Governor Mr. Maher Al Gendy, entitled, "Youssif Wali a false witness". Ahmed Ezzaldin previously published a story about the same issue on June 30th 2003, entitled, "Youssif Wali in Maher Al Gendy's Case with documents, not only a false witness but also a critical part of the case".
On the publishing of story in the newspaper, Dr. Youssif Wali filed a report at the Prosecutor General's office, accusing Ahmed Ezzaldin of insulting and defaming him in his story.
Ahmed Ezzaldin's story didn't stop at the case of Maher Al Gendy only, but also mentioned that what was done is done all the time in the judiciary, and in his story, Ezzaldin gave an example by the corruption case in which the former Monofeya governor was accused, and also the word of Wali in the espionage case, in which Sherif Al Felaly was accused, and the Prosecution Office filed the report of Wali under no. 68/2003.
On July 16th 2003, Ahmed Ezzaldin witnessed investigations at Cairo Prosecution Office of Appeal, in which he was accused of insulting and defaming Dr. Wali as per his report, and Ezzaldin described his witness in Maher Al Gendy as a false witness, and also what he mentioned in his story regarding that Wali volunteers with his witness to protect corruption. While the third accusation of Wali to Ezzaldin was directed by the Prosecution Office to Ezzaldin, regarding that he influenced the court by his story, the court that had the jurisdiction of processing Maher Al Gendy's case. Ahmed Ezzaldin provided the Prosecution Office with many documents supporting the truth of what he published, among which was a letter from Dr. Abdulrahim Shehata to Youssif Wali, also a photo copy of the Ministerial decision no. 225/1922. The investigations carried on with Ahmed Ezzaldin for seven successive hours, after which the investigations carried on in August 2nd 2003 until the Prosecution decided to refer the case to Cairo Criminal Court.
On the first hearing at Cairo Criminal Court Ezzaldin wasn't able to attend, because he wasn't advised of the referral decision, and the court decided to postpone the case in order to be referred to 10th district South Cairo Criminal Court, to be processed on its first hearing on December 14th 2003, the sessions carried on for seven months during which Ahmed Ezzaldin and the defence provided the court with various documents supporting him.
On June 16th 2004 Cairo Criminal Court decided to imprison Ahmed Ezzaldin for two years and to pay a fine of 20 thousand L.E.
11. Fayez Zayed - Editor-en-Chief of Akhbar Al Parlaman Newspaper
On June 27th 2004, Bolak Al Dakror Misdemeanor Court decided to imprison the journalist Fayez Abdulhamed six months, with a bail of a thousand L.E., a fine of 7500 L.E., and 2001 L.E. as temporary remedy. The case was built on the article he published on June 7th 2003, in Akhbar Al Parlaman newspaper, which was considered by Mr. Ibrahim Nafe'e the Editor-en-chief of Al Ahram newspaper as insult and defaming, so as he filed a criminal case that ended with the mentioned above verdict.
12. Essam Al Hady - Editor-en-Chief of Hawades Al Osboa Newspaper
On February 2nd 2006 the newspaper published a story entitled, "The fall of the most dangerous gang in Sharkeya", in the story it was said that the Financial Investigation Police Service received many reports regarding how a group of people take money, illegally from foreigners in Sharkeya Governorate, and that one of them was arrested while the others flee. The newspaper mentioned the names of the defendants with first name and first letters of second name.
One of the defendants in the case filed a case of insult and defaming because of publishing his name, accusing Hady of insult and defaming because of the false news he published. He also said that the Prosecution Office cleared his name of the charges, and first hearing was scheduled at Agouza Misdemeanor Court on May 13th 2006. The Governorate Attorney presented the documents of the case and asked to postpone the case, which was postponed to the hearing held on July 15th 2006.
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