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Reform behind bars
Published in Al-Ahram Weekly on 21 - 04 - 2005

A Cairo criminal court sentenced three journalists to one-year prison terms for libel and slander of the housing minister, reports Salonaz Sami
Independent daily newspaper Al-Masry Al-Youm journalists Abdel-Nasser El-Zoheiri, Youssef El- Awwi and Alaa El-Ghatrifi were sentenced to one- year jail terms and fined LE10,000 each by a Cairo Criminal Court on 17 April, for libel and slander of Housing Minister Ibrahim Suleiman.
Suleiman's lawsuit accused the three journalists of libel and slander. The article in question, entitled "Ibrahim Suleiman's office searched", was published last August. The journalists' defence team argued that the accusations were groundless since the article was not written "in spite".
Salah Eissa, editor-in-chief of the weekly newspaper Al-Qahira, agreed. "The lack of bad intentions was confirmed when Al-Masry Al-Youm published a statement issued by the cabinet denying that Suleiman's office had been searched," he said.
The ruling was seen as a setback by journalists who have been campaigning for years to end prison sentences for libel offences. Protesting against the court's decision, the Press Syndicate held two symbolic sit-ins in solidarity with the sentenced journalists. On Tuesday, the Press Syndicate appealed the ruling.
The rallies also condemned the 14-month delay in activating legal provisions to bring an end to imprisonment sentences for publication offences, as called for by President Hosni Mubarak during last February's Press Syndicate general conference.
Attorney Negad El-Borai, a member of the three journalists' defence team, called the continuing use of imprisonment sentences against journalists "contradictory to the alleged political reform the Egyptian government is advocating".
Human rights groups argue that punishment in such cases should be limited to fines. Legal Aid Association director Tareq Khater denounced the ruling. In order to have a free press, he said, journalists "should not be intimidated by the hanging sword of prison terms."
Gamal Fahmi, who is in charge of the Press Syndicate committee reviewing the imprisonment law with the Justice Ministry, told Al-Ahram Weekly, "the new law we need would be beneficial for journalists and citizens alike, who have the right to a free press."
The court's verdict brought back memories of similar cases. In 1999, editor-in-chief of the now suspended weekly opposition newspaper Al-Shaab, Magdi Hussein and two other journalists were sentenced to two years imprisonment and LE 20,000 fine each for slandering former deputy prime minister and minister of agriculture Youssef Wali.
The Egyptian Organisation for Human Rights (EOHR), which sent a memorandum to the General Prosecutor demanding the journalists' release, described the ruling as a sign of "continued application of laws which restrict freedom of opinion with complete disregard for the promise made by the President that prison sentences in publishing cases would be scrapped."
The group's statement further called for providing complete protection of journalists "while on duty", in accordance with the Egyptian constitution, and international conventions, especially Article 19 of the International Convention on Civil and Political Rights (ICCPR). The EOHR also noted the global trend towards prohibiting imprisonment sentences in publishing cases, and that only a few countries -- including Egypt and other Third World countries -- still apply such sentences.
Joined by Borai's Group for Democratic Development (GDD), the EOHR and other human rights groups called upon President Mubarak to speed up the process of activating the new law.
The Press Syndicate, meanwhile, is following the investigation closely, while taking the necessary steps to provide legal support to secure the journalists' release. "We've called upon the General Prosecutor Maher Abdel-Wahid, Interior Minister Habib El-Adli, and the head of the Shura Council, Safwat El-Sherif, to quickly intervene, and reverse the court's verdict in accordance with the law," said Mohamed Abdel-Qoudos, who heads the syndicate's Freedom Committee.


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