(EOHR/IFEX) – The full text of an EOHR press release, made available on 1 June 1998, follows: 21 May 1998: The Egyptian Organization for Human Rights (EOHR) received with deep concern and distress the ruling passed by the Abdeen Court of Appeals for Misdemeanors on 20 May 1998, ordering the imprisonment of journalist Amr Abdel-Hadi […]
(EOHR/IFEX) – The full text of an EOHR press release, made available on 1
June 1998, follows:
21 May 1998: The Egyptian Organization for Human Rights (EOHR) received with
deep
concern and distress the ruling passed by the Abdeen Court of Appeals for
Misdemeanors on 20 May 1998, ordering the imprisonment of journalist Amr
Abdel-Hadi Nasif. He was sentenced to three months with labour on charges
of libel and slander against writer Tharwat Abaza for a series of articles
he wrote in “Al-Ahrar” newspaper. A court of first
instance had previously sentenced Nasif to one year in prison but, on
appeal, the punishment was reduced to three months in prison.
This is the fourth ruling issued against journalists within a period of less
than three months. On 24 February 1998, Magdi Ahmed Hussein, editor-in-chief
of “Al-Sha’ab” newspaper, and Mohammed Hilal, journalist with the same
newspaper, were each sentenced to one year in prison with labour on charges
of libel and slander against Alaa Al-Alfi, the son of the former minister of
the interior (see IFEX alert of 25 February 1998). Also, on 18 March 1998
Gamal Fahmy, journalist with “Al-Arabi” newspaper, was sentenced to six
months in prison with labour charged with libel and slander against writer
Tharwat Abaza (see IFEX alert of 30 March 1998). The three journalists are
serving sentence in Mazra’it Tora Prison, where Amr Abdel-Hadi Nasif is
expected to join them.
While the EOHR has consistently expressed its full respect for judicial
rulings, it fears that the latest sentences constitute a retraction by the
Egyptian judiciary of its supportive attitude towards freedom of opinion and
expression as a reaction to the current tense climate against freedom of the
press. In this respect, it is worth recalling a ruling made by the Egyptian
Court of Cassation in 1926 acquitting a journalist who had been convicted by
the Cairo Penal Court on charges of insulting the then prime minister. The
journalist had published an article in which he accused the prime minister
of ignorance, shortsightedness and lack of judgment. He also accused the
members of the legislative council of being mean, vile, greedy and covetous.
The Court of Cassation reasoned that the article fell within what was
considered permissible criticism. It added that the journalist had used
strong language and stinging criticism as an exaggeration to denounce the
deed itself.
The EOHR reiterates its concern about the last ruling, as it represents a
serious threat to the freedom and safety of journalists to perform their
duties and restricts the right to make permissible criticism, which
constitutes one of the pillars of the freedom of the press. This restriction
is a violation of the provisions of the Constitution and of Egypt’s
international commitments as a signatory party to the International Covenant
on Civil and Political Rights. The EOHR appeals to the Egyptian legislature
to revoke all freedom-restricting punishments included in the Penal Code of
1937 for opinion and publication offences. In such offences, the imposition
of fines and the right to reply and issue a correction in the same newspaper
should be enough, as well as the right, when
necessary, to take legal action in order to secure full respect for the
private life of all citizens without prejudice to the freedom of the press.
The EOHR calls upon all civil society institutions to work together to
confront this fierce assault on freedom of the press, and to pressure the
Egyptian Government to revoke the current penal provisions related to
opinion and publication. The flexible and vague wording of such provisions
allow, in effect, for the disregard of all the rights related to the
freedoms of opinion, expression and publication.
