(EOHR/IFEX) – The following is a 10 August 2003 EOHR press release: Under Emergency Law, five political opponents referred to the High State Security Court EOHR calls for release of prisoner of conscience Ashraf Ibrahim EOHR is alarmed at news of the referral of five defendants to the High State Security Court (under the Emergency […]
(EOHR/IFEX) – The following is a 10 August 2003 EOHR press release:
Under Emergency Law, five political opponents referred to the High State Security Court
EOHR calls for release of prisoner of conscience Ashraf Ibrahim
EOHR is alarmed at news of the referral of five defendants to the High State Security Court (under the Emergency Law) on Saturday 9 August 2003. The referral was made under Article No. 80 (d), paragraph 1 and Article No. 86 (bis) of the Penal Code. The State Security Prosecution charged the defendants with establishing an illegal group, “The Revolutionary Socialists”. According to the charge, the group aims to overturn the governing regime and establish a new regime based on extreme communism. The first defendant was accused of possessing publications, disseminating advocacy and propaganda materials for the purposes of the group and contacting foreign human rights organizations. The defendants are as follows:
1. Ashraf Ibrahim Muhammed (in custody): Ibrahim is under pre-trial detention after being arrested on 19 April 2003. The arrest occurred after demonstrations which took place in Cairo against the Unites States-led war on Iraq. He recently began a hunger strike, calling for his release or for his case to be brought before an investigation judge.
The rest of the defendants, who were annexed to the case without being investigated before the Prosecution and whom the Prosecution deemed as fugitives, are:
2. Nasser Farouq El Behiri (researcher at The Land Center for Human Rights, LCHR)
3. Yehia Fikry Amin Zahra (engineer)
4. Mostafa Muhammed Al Basyouni (unemployed)
5. Rimon Edward Gindi Morgan (student)
EOHR is extremely concerned about the continued enforcement of the Emergency Law against political opponents. Furthermore, EOHR affirms that Article No. 86 (bis), under which the defendants were referred to the High State Security Court, is one of the most dangerous newly introduced articles in the Egyptian Penal Code. This article criminalizes any act which could lead to suspension of the provisions of the Constitution and the law or prevent state institutions from exercising their functions. It does not, however, differentiate between whether the case is linked to terrorism and violent acts, which is considered a crime, or peaceful change, which is deemed a right. EOHR is concerned that contact with international human rights organizations has been deemed illegal.
EOHR asks the Egyptian government to immediately release Ashraf Ibrahim, since he is a prisoner of conscience, and to drop the charges brought against him and his fellow defendants. In this respect, EOHR asserts that the Egyptian government is compelled, by virtue of the Egyptian Constitution and international instruments on human rights, to guarantee the right to freedom of opinion and expression and the right to peaceful assembly for all citizens. EOHR reaffirms that these incidents reveal that the Egyptian government is applying the Emergency Law extensively against political opponents, contrary to official statements which have emphasized that this law would only be enforced against those who commit terrorist acts.
