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1/4/2000
Freedom of the Press Takes a Dangerous Turn After a Court Decision to Imprison and Fine a Journalist at Al Sha'ab Newspaper
The Association for Human Rights Legal Aid (AHRLA) demands the nullification of laws restricting freedom of the press, and the elimination of excessive fines in judgements against journalists. We wish to express our great alarm at the issuing of a sentence in the Cairo Criminal Court for the imprisonment of Magdy Ahmed Hussein, the editor-in-chief of Al-Sha'ab and Salah Bedawy, a journalist at the same newspaper. The sentence calls for 2 years imprisonment and the payment of a 20, 000 LE fine by each. In addition, writer and journalist Adel Hussein was fined 20,000 LE and cartoontist Essam Eldin Hanafy was sentenced to prison for one year, as well as fined the same amount. This judgment was issued as a result of a lawsuit brought against them by Dr. Youssef Wali, who is Minister of Agriculture and Land Reclamation, vice chairman for the committee of national projects, and secretary general of the National Democratic Party. Dr. Wali accused the above of defamation and slander by campaigning against his agricultural policies in Al Sha'ab . What greatly concerns the Association is that on August 14, 1999 a judgment was issued on the same lawsuit : 2 years imprisonment and a 20,000 LE fine for Magdy Hussien, Salah Bedawy, and Essam Hanafy plus a 20,000 LE fine for Adel Hussien. The three journalists were detained until a decision was made to move the trial to another venue on December 5, 1999. It must be noted that in both times the trials were held in venues outside of what should be the normal jurisdiction for Al-Sha'ab. (The correct venue being either Sayyida Zeinab or Bulaq). The first trial was held in Hadayaq Al-Qobba, and the second trial was held in Al -Sahel. The accused attempted to have the trial retried twice but both requests were refused. AHRLA wishes to reiterate that the text of the criminal code related to the case is now being disputed for its constitutional validity in the Supreme Constitutional Court in three different lawsuits brought to the Court by the association. In addition AHRLA is also disputing the text of criminal law procedures relating to misdemeanors of the press. Consequently, the trials of the accused were conducted according to texts which are not likely to be found to be in conformity with the Egyptian constitution. These texts are an attack on public freedom and threaten the right to freedom of expression and opinion in Egypt. Also, these same texts, which are related to the incrimination of the accused, are in fact considered to be invalid and inapplicable due to the fact that they contradict Article 19 of the International Covenant for Civil and Political Rights which Egypt ratified in 1981. The ICCPR was published in official national newspapers in 1982, and became mandatory and applicable as national legislation, thereby canceling previous articles which have been applied in the case. AHRLA therefore requests that the Attorney General quickly use his constitutional and legal authority to stop the implementation of this sentence. We implore the Egyptian government to nullify all laws restricting freedom of expression and to eliminate excessive fines in convictions based on lack of freedom of opinion. We also implore the government to adopt and issue the law for freedom of the press and journalism which the Association prepared in 1995. Finally, we ask that all civil society join us in solidarity for the purpose of ending all laws which restrict freedom of opinion as well as freedom in general inside of Egypt. |