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16/4/2000
The Imprisonment of Journalists Continues
The Sentencing of Five Journalists to Prison is Considered a Mortal Blow to Freedom of the Press The Association for Human Rights Legal Aid (AHRLA) wishes to express its distress over the issuing of a sentence by the Abedeen Court of Misdemeanors which calls for the imprisonment of Salah Qabdayya (Editor-in-Chief of Al-Ahrar newspaper), Hosaam Suliman and Mohammed Abd el Nur (both journalists and editors at Al-Ahrar), as well as Hisham Tantawi and Nabil Saadiq (cartoonists at the same newspaper). The Sentence calls for six months of detention and a fine in the amount of 7,500 LE for each of the accused. The history of this case goes back to 1997 when the two journalists mentioned above expressed their opinion about the report of the Central Accounting Office of Egypt Air. They also raised criticism of some of the policies of Mohammed Fahiim Riyaan, the president of the board of directors of Egypt Air. In response, Mr. Riyaan filed suit for libel and slander against those involved at the High State Security Office. In August and September of 1997, the prosecutor's office investigated the five accused mentioned above, and the case was turned over to the Criminal Court of Cairo. After the testimony of Mr. Riyaan was heard but prior to any testimony by the defendants, the lawyers for Egypt Air argued that the criminal court itself was not qualified to hear the case. The case was then transferred to the Abedeen Court of Misdemeanors in January 1999 where the judgement of the prison sentences and fines was made. It is worth mentioning that with recent changes in the laws, the title "public employee" has been eliminated for heads of companies and institutions in the public sector, including Mr. Riyaan. Thus, he and others are protected under law from exposure to criticism, even if such criticism is in the public interest. What is now raising the fears of AHRLA is the direction that freedom of the press is taking in Egypt. This sentence has come only a few days after a similar sentence for libel which called for the imprisonment Magdi Hussein (Editor -in-chief of Al-Shaab newspaper), Salah Baidawi (Journalist for the same newspaper), and Asaam Hanafi (Cartoonist for the same). As in previous cases regarding freedom of the press and opinion raised in the High Constitutional court, AHRLA states that there is serious doubt about the constitutional validity of the laws being applied to this and other cases. AHRLA requests that there be a thorough reexamination of the criminal code and proceedings in trials of journalists as it has become apparent that the legal process as well as the laws themselves have become a threat to freedom of the press, information exchange, and the right to knowledge. Such a reexamination of the law would need to begin with the deep-rooted principle of the necessity of providing protection and security for those who work in the press. Moreover, according to the law, in the case of journalists' claims which are proven to be excessive, the offended party is guaranteed the right to respond and correct the misinformation as well as the right to obtain appropriate, reasonable compensation. However, this law has not been applied - rather a law suit for slander has been raised and won. AHRLA would like to call for solidarity between all authorities and institutions in civil society with respect to this case. We implore the Egyptian government to annul all criminal laws and excessive fines which are detrimental to freedom and we once again call for the government to issue a new freedom of the press law. |