(EOHR/IFEX) – The following is a 20 June 2005 EOHR press release: Egyptian journalists. . . Fettered pens, continued prosecution and sexual assault EOHR’s report on the situation of journalists in Egypt The Egyptian Organization for Human Rights (EOHR) today (20/6/2005) issues its report “Egyptian journalists. . . Fettered pens, continued prosecution and sexual assault” […]
(EOHR/IFEX) – The following is a 20 June 2005 EOHR press release:
Egyptian journalists. . . Fettered pens, continued prosecution and sexual assault
EOHR’s report on the situation of journalists in Egypt
The Egyptian Organization for Human Rights (EOHR) today (20/6/2005) issues its report “Egyptian journalists. . . Fettered pens, continued prosecution and sexual assault” in defence of freedom of opinion and expression generally and in particular in defence of press freedom.
This 35-page report is issued after the series of security forces violations which journalists were subject to during their coverage of the anti-article 76 referendum protests. These violations consisted of sexual assault of female journalists and attacks on male journalists within sight and hearing of the security forces.
The report is based on the results of fact-finding missions sent by EOHR to cover the Kifaya demonstrations. The fact-finding mission heard the testimony of victims as well as eyewitnesses. The report also draws on public prosecution investigations into journalists and their subsequent trials.
Egyptian journalists. . . fettered pens, continued prosecution and sexual assault contains the following sections:
1. Mistreatment and assault of journalists
This section details assaults documented by EOHR against journalists during their coverage of the Kifaya movement’s demonstration against the article 76 amendment referendum held on Wednesday 25 May 2005 in front of the Journalists’ and Lawyers’ Syndicates and the Saad Zaghloul mausoleum. It also describes the sexual assault of female journalists such as Abeer al Askary and Shaimaa Abu al Kheir amongst others by women specifically hired for this purpose. When these journalists sent complaints about the assaults to the attorney general, their families were subsequently threatened that cases would be fabricated against them, or that their relatives would be taken into detention or that the journalists themselves would lose their jobs.
The section also describes assaults against journalists which occurred because of their work or for reasons connected with their work such as the assault of Abdel Halim Qandil, executive editor of the daily al Araby who – according to Qandil’s statements to the public prosecution office – was kidnapped and assaulted as a result of articles penned by him.
These violations were committed with clear disregard for article 6 of Press Law 96 [1996] which states that “journalists are independent and not under the authority of anyone.” Article 7 of the same law provides: “Within the limits of the law, a journalist’s opinion or truthful information published by him may not be a reason for a violation of his personal security, and he must not be forced to disclose the sources of his information.”
This is not the first time that journalists have been subject to assault or threats against their lives. In August 1995 journalist Gamal Badawy, editor of al Wafd newspaper, was violently beaten by ten unknown assailants, while journalist Mohamed Abdel Qadouss was subject to a similar assault on 21 June 1995 after publicly announcing his opposition to Law 93 [1995]. Previous attacks on journalists date back to 1988, including the attacks on the late Moustafa Shurdy, Ayman Nour (then journalist with al Wafd and current leader of the Ghad Party) and Abdel Azim Mounaf, then editor of Sowt al Arab.
2. Public prosecution office investigation of journalists
This section describes incidences of journalists being summoned to appear before the public prosecution office as a result of their writings. Examples include Adel Hamouda, Karam Gabar and Mohamed Abdel Latif. A summons to appear before the public prosecution office is the first stage of criminal proceedings which usually end in imprisonment. Despite the fact that a summons to appear before the public prosecution office is not accompanied by an order that the journalist be detained in custody – as was the case previously before Law 96 [1996] prohibited journalists being held in custody in cases other than those involving defamation of the president. Public prosecution offices, nonetheless, remain a tool to terrorise journalists.
3. Journalists in the dock
This section describes the most important cases in which journalists have been prosecuted as a result of their writings. These cases are either still being heard or a verdict of innocence has been handed down. Examples of such cases include that of Magdy Hussein, editor of the online al Shaab newspaper. His case was heard between February 2004 and 7 April 2005 when the Cairo Criminal Court handed down a verdict of innocence. He had been accused of defamation by former Agricultural Minister Youssef Waly.
4. Pens behind bars
Ahmed Ezz Eddin, Shaqiq el Taher, Fayez Zeidan, Abdel Nasser Ali. . . These and other journalists have had imprisonment verdicts issued against them of up to two years and fines of up to 20,000 Egyptian pounds.
In light of the many violations which journalists are subject to, such as oppression and injustice in the legislation governing press freedom and journalism, judicial prosecution of journalists for their writings and opinions, assault and death threats and sexual assault of female journalists EOHR makes the following calls:
1. Both the attorney general and the Interior Minister must make public the results of inquiries into the sexual assault of, and attacks against journalists and immediately send those found responsible for these acts to criminal trial. They must also take the necessary measures, and put in place punishments which will act as a deterrent and prevent the future repetition of such acts by the security forces. It must also take the measures necessary to guarantee the wellbeing and lives of journalists and protect them from suppression, murder, detention or censorship or arbitrary interference.
EOHR is also extremely concerned about the sexual assault of journalists, and the assault against Abdel Halim Qandil, demanding that the result of the inquiries into these events and the identities of those responsible be made public. EOHR lawyers accompanied Qandil during public prosecution office investigations into the case.
2. EOHR urges the legislative authorities to bring into effect President Mubarak’s decision that imprisonment sentences would be abolished in press cases and replaced with the imposition of civil penalties. Punishments should be restricted to fines which should not exceed a certain limit, especially since the injured party has the right to publish his response in the same newspaper and bring a civil claim for appropriate compensation in a civil court where it is proved that the journalist has breached the journalists’ code of ethics.
3. The place in which journalist Reda Helal – who was deputy editor of Al Ahram newspaper at the time he disappeared – is being held must be made known. The results of inquiries into his disappearance must be made public. Helal’s family presented a complaint about his kidnapping on Monday 11 August 2003 to Sayyeda Zeinab police station.
4. The state of emergency, which is one of the main causes of violations of the right to freedom of opinion and expression, must be brought to an end. The executive authority uses the Emergency Law to take arbitrary measures at will. Worsening this state of affairs is the fact that when a state of emergency is announced, article 48 of the Constitution allows censorship to be imposed on all newspapers and publications. The executive authority also has the right to seize publications and newspapers for public security reasons. Article 3 of the Emergency Law however extends this scope and grants the executive authorities the power to seize and ban publications in addition to powers of arbitrary arrest and detention.
5. Article 47 of the Constitution must be amended because it leaves the question of the organisation of freedom of opinion and expression to the ordinary legislator without placing restrictions on him. As a result of this, many laws do not provide means of enjoying this right, rather they strangle this right at birth through the prohibition of all forms of expression of opinion (article 171 of the Penal Code.)
Jurisprudence must be reviewed and the spirit of article 206 of the Constitution be incorporated into legal philosophy. Article 206 refers to the press as a fourth estate while it is currently not being given the autonomy, authority, independence or significance that befits such a designation. On the contrary, its being a fourth power is considered a justification for interference in its autonomy by the legislative, executive and judicial branches.
6. Annulment or restriction of Egypt’s reservations on international instruments concerning freedom of opinion and expression. By leaving these reservations in place, violations of international instruments through national legislation are allowed to take place.
