(EOHR/IFEX) – The following is an EOHR press release: The Egyptian Organization For Human Rights appeals to President Hosni Mubarak not to ratify the ruling against Mamdouh Mahran EOHR is deeply concerned about the ruling of the State Security Misdemeanors Court dated 16/9/2001. It sentenced Mr. Mahran to three years’ imprisonment with hard labour, fined […]
(EOHR/IFEX) – The following is an EOHR press release:
The Egyptian Organization For Human Rights appeals to President Hosni Mubarak not to ratify the ruling against Mamdouh Mahran
EOHR is deeply concerned about the ruling of the State Security Misdemeanors Court dated 16/9/2001. It sentenced Mr. Mahran to three years’ imprisonment with hard labour, fined him 200 L.E, and confiscated El Nabaa newspaper no. 663 and Akher Khabar newspaper no. 664 for publishing indecent photographs in an article.
EOHR is worried about the continuation of the referral of civilians to the exceptional courts, i.e. State security courts for emergency. These trials lack the safeguards for a fair and impartial trial and are a gross violation of the right to be tried by a competent civil judge, as well as a violation of the principle of judicial independence, according to the Egyptian Constitution and International Human Rights Covenants. Mr. Mahran is charged with:
– inciting riots by publishing untrue incidents.
– insulting religions and holy places.
Moreover, there is no possibility to appeal before any judicial body except before the office of ratifying ruling affairs. Mr. Mahran is also punished by the revoking of El Nabaa newspaper’s license and the cancellation of his name from the Press Syndicate lists, in addition to being sentenced to three years’ imprisonment with hard labour. It is obvious that publishing obscene pictures is a violation of the freedom of personal privacy. However, handing down more than one punishment contradicts the legal principle which stipulates that the defendant shall not be given more than one penalty for one crime.
EOHR has full respect for the judiciary rulings, but condemns the practice of punishing journalists in cases related to expression and publications. EOHR always tries to ensure that the right of freedom of expression and opinion is applied, which is a main basis for democratic society.
EOHR affirms that respecting the freedom of personal privacy is achieved by applying the fining penalty in addition to guaranteeing the defendant’s right to publish a reply to what is written against him in the same newspaper, as well as his right to ask for compensation. However, imprisonment is used as a tool to terrify journalists and prevent them from expressing their opinions. EOHR asks legislators to amend the legislation base concerning the press’s work by canceling all the penalties that deprive journalists of their freedom and just applying the fining penalty.
Therefore, EOHR appeals to President Hosni Mubarak not to ratify the ruling against Mamdouh Mahran.