The Supreme Judicial Council has moved to prevent the broadcast of court proceedings, reports Reem Leila The Supreme Judicial Council (SJC) has banned the broadcast of court proceedings. Under the SJC decree, passed unanimously on 4 October at the Supreme Constitutional Court (SCC), photographs of any court proceedings, of court panels, defence teams, witnesses or defendants either during the court session or outside the court premises, are also banned. Media coverage of prosecution investigations and trials that might prejudice a case have likewise been made unlawful, as has the publication of interviews with anyone related to a criminal case before a final verdict has been given. At a press conference on 10 October Ahmed Serri Siam, the head of SJC, said the decree is intended to reinforce the principle that defendants are innocent until proven guilty. "Newspaper reporters will be allowed to enter the court room and take whatever notes they want but from henceforth they are prohibited from taping court session," Siam said. Siam, who also heads the Court of Cassation, defended the controversial decision, arguing that it complies with articles 186 and 187 of the Penal Code which penalise any act of publicity that undermines the authority of judges. "The ban prohibits the publication of any material through any media means that might influence the decision of the court," said Siam. "Article 42 of the constitution stipulates that defendants be treated in a way that respects their dignity and prevents them sustaining any physical or emotional harm." "Photographing and filming handcuffed defendants could cause emotional harm and is therefore against the law." The presence of cameras, microphones and photographers inside the courtroom, he continued, can distract judges, prosecutors and defence lawyers. "We are all human, and sometimes lawyers are tempted to perform for the media," Siam said. He also argued that cameras can intimidate witnesses, and that much reporting of legal cases is unobjective. "Most of the time the media is biased to one party or the other and does not present both sides of the case, thus misleading public opinion." Many in the media believe the decree imposes needless restrictions and compromises freedom of expression and access to information. "Unfortunately, I failed to change the opinion of SJC before the announcement took place. Courts in Europe and America allow the filming of court sessions especially in important cases," said Press Syndicate Chairman Makram Mohamed Ahmed. The SJC decree came on the heels of a controversial verdict in the Suzanne Tamim murder case. Billionaire construction magnate Hisham Talaat Mustafa had his capital sentence reduced to 15 years on appeal for inciting the murder of Tamim, while Mohsen El-Sukkari received a life sentence for carrying out the murder. Opposition MP Mustafa Bakri, who is also editor- in-chief of Al-Osbou newspaper, believes the ban is an overreaction. The entire media, he complains, is being penalised for the irresponsible behavior of a minority who have indulged in conspiracy theories and in some cases staged show trials of judges. "It is the right of the public to watch justice being done, particularly in cases of corruption. Allowing the press to access the investigation process has helped in unearthing evidence that might otherwise never have seen the light of day," said Bakri. Many human rights observers have opposed the SJC decision. Hafez Abu Seada, head of the Egyptian Organisation for Human Rights (EOHR), describes the decree as "unconstitutional". "It violates Article 169 of the constitution which stipulates that court sessions must convene in public. Any court has the right to regulate the presence of media within the courtroom but they should not ban them altogether," argues Abu Seada. "The ban," says Siam, "is a preventive measure." "Existing laws are invoked only after a violation has taken place. They are not preventative. And court sessions will still convene in public, with journalists and reporters allowed to attend alongside ordinary citizens." Reporters and journalists will be allowed to draw sketches of defendants, witnesses, and lawyers, Siam told the press conference, and publication was their responsibility. "If any of the subjects are offended by the sketches they will have every right to file a lawsuit," he said. The SJC ruling is being contested by lawyer Samir Sabri who has reportedly filed a suit with the Administrative Court in an attempt to annul the decree.
