Press release
Cairo:2/2/2003

EOHR campaign for the cessation of the emergency law                   

Emergency Court sentences ‘El Qora’anyeen’ defendants to imprisonment

 The Summary State Security Court (Emergency) of El Matareya in Cairo has sentenced six defendants in the El Qora’nyeen case (No 5060 of 2001) to imprisonment for six months.

 This ruling follows the sentences issued on 5^th March 2002 against eight other defendants in the case. Two defendants were sentenced to three years imprisonment and the rest received suspended sentences. The military ruler has ratified the three-year sentences but ordered the retrial of the other six defendants who received suspended prison terms.

The El Qora’nyeen case began in September 2001, when security men arrested the defendants for exploiting religion for extremist ideas, inciting riots and contempt for religion.  The defendants were referred to the state security prosecution and were charged with advocating modifications to the basic Islamic rules, including rules for fasting and pilgrimage.

 The court issued its rulings in this case based on Article 89 of the Penal Code which dictates a prison sentence of between 6 months – 5 years or a fine between 500- 1000LE for anyone who exploits religion in disseminating extremist thoughts in order to incite riots or contempt for any religion, or who threatens to disrupt the national unity or social peace.

 EOHR had previously, in March 2002, urged the President not to ratify the ruling of the first trial. In this context, EOHR affirms that the emergency legal framework, under which these ruling are issued, constitutes a violation the right to a fair trial. Trying civilian defendants before state security courts (as permitted by Military Order No 1 of 1981) removes the right to appeal and provides the military ruler with increased powers of interference, including the power to ratify the verdict. Defendants are tried under ambiguous provisions with potentially wide-ranging penalties. Indeed, the Supreme Constitutional Court has warned against the dangers of vaguely drafted criminal penalties and the need for such provisions to be specific in order to avoid the risk of wide interpretation.  [1]

 Accordingly, EOHR urges the President not to ratify these rulings. It demands the immediate cessation of the emergency law and the abolition of ambiguous and broad criminal provisions, which violate the freedoms guaranteed by the Egyptian Constitution.