Under Emergency Law

5 Political Opponents referred to the High State Security Court (Emergency)

EOHR calls for releasing Ashraf Ibrahim for being a prisoner of conscience

 Most alarmed, EOHR received the news of referring 5 defendants to the High State Security Court (Emergency) yesterday, Saturday August 9, 2003. Such referral comes by virtue of Article No. 80 (d), paragraph 1 and Article No. 86 (bis) of the Penal Code. State Security Prosecution charged them with establishing an illegal group, “The Revolutionary Socialists”, which is in contradiction with the law. According to the charge, such group aims at overturning the governing regime and establishing another one based on extreme communism. The first defendant was accused of possessing publications disseminating advocacy and propaganda for the purposes of the group and of contacting with foreign human rights organizations. The defendants are as follows:

1.      Ashraf Ibrahim Muhammed (in custody): He is under pre-trial detention after being arrested on April 19, 2003. The arrest occurred after the demonstrations which took place in Cairo against US-led war on Iraq. Recently, he made an open hunger strike calling for his release or judgment before an investigation judge. The rest of the defendants who were annexed to the case without being investigated before the Prosecution, and whom the Prosecution deemed as fugitives, are:

2.      Nasser Farouq El Behiri (-Researcher at The Land Center for Human Rights LCHR)

3.      Yehia Fikry Amin Zahra (An engineer)

4.      Mostafa Muhammed Al Basyouni (Unemployed)

5.      Rimon Edward Gindi Morgan (A student) 

      EOHR is extremely concerned about the continuous enforcement of the Emergency Law against political opponents. Furthermore, EOHR confirms that Article No. 86 (bis) of the Penal Code, under which the defendants were referred, is of the most dangerous newly introduced Articles to the Egyptian Penal Code. The said Article criminalizes any acts aiming at suspending the provisions of the Constitution and laws and preventing the state institutions from exercising their functions, as it does not differentiate whether the case is based on violence and terrorism, which is considered a crime, or on peaceful change which is deemed a right. EOHR expresses its astonishment towards deeming the contact with the international human rights organizations as a charge.    

            EOHR asks the Egyptian government to immediately release Ashraf Ibrahim since he is a prisoner of conscience and to drop the charges brought against him and his fellow defendants. In this respect, EOHR asserts that the Egyptian government is compelled, by virtue of the Egyptian Constitution and the international instruments on human rights, to guarantee the right to freedom of opinion and expression and the right to peaceful assembly for all citizens. EOHR re-affirms that such incidents reveal that the Egyptian government is still vastly enforcing the Emergency Law against political opponents, contrary to the official statements which emphasize that such law would never be enforced but against those who perform terrorist acts.