Egypt continues to imprison journalists and editors who publish stories critical of President Hosni Mubarak and other high officials. Activist advocating minority rights in the country are also detained and fined. Basic right of freedom of religion and fundamental right of free expression are being explicitly violated.
Members and partners of the International Freedom of Expression Exchange (IFEX) who gathered in Montevideo, Uruguay earlier this month, have called upon Egyptian authorities to stop pursuing journalists and threatening them with imprisonment simply for expressing their critical opinions of the government.
The participating organisations urged the government to abolish prison sentences in publication cases in consistency with the Egyptian Constitution and international human rights documents ratified by Egypt, such as Article 19 of the International Covenant on Civil and Political Rights.
The also declared their solidarity with independent and opposition newspapers that went on strike as an objection to applying the criminal law in publication cases leading to the imprisonment of journalists. They offered their support to the Egyptian Journalists Syndicate, which is under attack from the government because of its strong stand against any freedom of expression violations and journalists' imprisonment.
The editors-in-chief who have been sentenced to one year of imprisonment recently are Ibrahim Essa, editor-in-chief of Al Doustoor, Adel Hammouda, editor-in-chief of Al Fagr, Wael al Ebrashy, editor-in-chief of Saout al Ommah, Abdel Halim Quandeel, former editor-in-chief of Al Karama, and Anwar Hawary, editor-in-chief of Al Wafd. Apart from the fine of LE 20,000 (Egyptian pounds, about US $3,500) for violating Article 188 of the penal code, the court also ordered them to pay an additional LE 10,000 (US $1,750) to remain free while they appeal the convictions and sentences.
Article 188 of Egyptian penal court punishes any person who “makes public – with malicious intent – false news, statements or rumours that [are] likely to disturb public order.â€
Several other journalists and bloggers have been sentenced to lengthy prison terms, including an Al Jazeera journalist Huwaida Taha Mitwalli who was sentenced to six months in prison for a documentary she made about torture in Egypt. On March 12, 2007, the Alexandria Court of Appeals upheld a four-year prison sentence against Abd al-Karim Nabil Sulaiman, a blogger who had criticised Islam and President Mubarak.
Mohamed Said Saeed, editor-in-chief of Al Badeel is also awaiting a sentence in a lawsuit filed against him. Despite the promise made three years ago by Mubarak to abolish prison sentences in publication cases, instead of journalists being provided with more protection for freedom of expression, such sentences against journalists have increased tremendously in the last few years.
Two activists were also imprisoned for promoting Shi`a minority rights. The two men were arrested after also criticising the prevalence of torture in Egyptian prisons.
Mohammed al-Dereini, who heads the Supreme Council for the Care of the Prophet's Family, was arrested from his home. Officials had detained a second defendant, Ahmad Sobh, who runs the Imam Ali Centre for Human Rights, on August 28, but the State Security Prosecutor did not question him until September 29. Both men were detained on the authority of administrative decrees issued under Egypt's emergency law. They are being held in solitary confinement in Tora prison outside Cairo.
The activists were charged under Article 98(f) of the penal code, with "promoting extreme Shi`a beliefs with the intent of causing contempt of the Islamic religion." The charge can result in imprisonment for up to five years. The prosecutor also charged them, under Article 102, with "spreading false rumors" that could "undermine trust in security agencies.†Conviction on this charge carries up to a three-year prison sentence.
The charge of "spreading false rumours" is apparently linked to separate newspaper interviews in which al-Dereini and Sobh criticised what they alleged was widespread torture of Islamist detainees in Egyptian prisons. In 2006, al-Dereini published a book, Hell's Capital (Asimat Jahanam) that also focused on torture.
Sobh and al-Dereini have both been detained in the past. In 2005, the authorities released Sobh after holding him for 15 years without trial for alleged membership in an armed Islamic group. Authorities detained al-Dereini for 15 months without charge in 2004-2005. The public prosecutor has not investigated al-Dereini's claims that he was tortured in detention.
These prison sentences against Egyptian journalists and social activists were the result of lawsuits filed by lawyers who are affiliated with the ruling National Democratic Party. This series of lawsuits aims to terrorise independent and opposition journalists and to penalise them for their writings and criticism of governmental personnel, including the President of the Republic.
It is worth mentioning that the Egyptian Penal Code contains notorious provisions that can be interpreted in an overly broad way, such as Article 102, 179 and 188. These provisions constitute one of the main obstacles to press freedom and freedom of expression in Egypt.
