Press release
Cairo:1/6/2003

 The Egyptian Supreme Court Upholds the Decision of the Criminal Court of Cairo

To Imprison Two Journalists for Libel and Slander

 On June 1, 2003, the Egyptian Supreme Court upheld a decision by the Criminal Court of Cairo to imprison two journalists – Moustafa Bakry and his brother Mahmoud Bakry, owners of the news company Dar El-Asboua – for a term of one year for the misdemeanour offence of libel and slander.  The complainant in the case was Mohammed Abd El-Aal, chairman of the El-Adala political party.  The police arrested the two brothers early in the morning of June 2, 2003 in order to implement the decision; they were detained briefly in Cairo before being transferred to the Tora Farm Prison, where they will serve the duration of their sentences. 

This case has been ongoing since 1996, at which time Moustafa Bakry was the editor-in-chief of the El-Ahrar newspaper.  The two brothers had published two articles criticizing Abd El-Aal’s management of the El-Adala party.  The complainant viewed these articles as a form of libel or slander directed towards him, and launched a complaint before the Cairo Criminal Court.  The case was processed as Case #15566 (1996).  The Criminal Court sentenced the two individuals to one year hard labour, and ordered them to pay tentative compensatory damages of LE501.00.  However, the decision was suspended pending appeal to the Supreme Court, which – as mentioned above – ultimately upheld the decision of the Criminal Court.

On October 22, 1996, The Egyptian Organization of Human Rights (EOHR) issued a press release regarding this particular case and expressed its position in respects to the imprisonment of journalists for activities related to their professions.  Consistent with its mandate to protect the freedom of the press, EOHR would now like to reemphasize this position.  However, EOHR recognizes the importance of protecting victims of libel and slander, and recommends that, rather than imposing prison sentences for such acts, the law provide suitable civil remedies in the form of damages, and affords complainants the opportunity to respond to libel and slander in the same medium and forum in which the comments first arose.  Finally, EOHR would like to stress the importance of the Press Syndicate’s Rules of Professional Conduct.  It urges the Press Syndicate to implement and enforce these rules in a more stringent fashion to promote greater respect for professional ethics and bring an end to all unethical practices such as character assassinations.  A balance must be struck between the freedom of the press and the rights of private individuals, and it is the profession itself that must taking the leading role in striking and maintaining this balance.