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1/6/2002

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Issuing the decision in the case of Hoida Taha ……Does it open the door of canceling negative punishments for freedom in publication cases !!
12/2/2008

EOHR welcomes the verdict issued by Masr El Gedida Misdemeanor –Appealed court in case No.1542 /2007 against Hoida Taha , Programs productive at El Jazeera channel .The court accepted the appeal in the form and the subject and freed the suspect on the first accusation and confirmed the second accusation , forced here with expenses and attorney's fees .

The facts of this case returns back to 8/1/2007 , when the mentioned journalist was stopped in Cairo airport and prevented to travel to Qatar . Her visual tapes , private computer and some books were confiscated despite her previous permission from State Information service to drive out these materials to prepare a documented program concerning the treatment of citizens inside Egyptian police stations . 3 days later , the mentioned journalist was surprised by a summon before State Security Prosecution for investigation in case No. 11/2007 – supreme state security .

On 13/1/2007 the mentioned journalist went to State Security Prosecution as she was surprised by numbers of charges against here as follows :-

First :Practicing an activity that harms the national interests (in accordance with article 80 paragraph D of the Penal Code)

Second: creating , possessing and transferring photos and recordings that offend the country reputation and highlight inappropriate and untrue aspects ( according to Article 102 of penal code ) as she possessed 50 tapes including 16 recorded while others were empty .State Security Prosecution started its investigations accordingly .

On 22/1/2007 State Security Prosecution decided to submit the case to El Nozha Partial Misdemeanor Court in case No.1542/2007 which sentenced 6 months imprisonment with labor and 10000 L.E bailment in the first accusation (Practicing an activity that harm the national interests) and 20000 L.E fine and confiscating seizures besides, forcing her with criminal expenses in the second accusation (creating , possessing and transferring photos and recordings that offend the country reputation and highlight inappropriate and untrue aspects). The court didn't accept the defense request for summoning the four persons who were photographed to testify .

Subsequently, the mentioned journalist appealed before Masr El Gedida Misdemeanor –Appealed court which issued the previous decisions .

 On 15/1/2007 EOHR submitted a memo to Mr. Abdel Megid Mahmoud , Attorney prosecutor to preserve the case No. 11 /2007 State Security prosecuted against Hoida Taha , program productive at El Jazeera channel as the incident -subject of investigation- doesn't include any committed crimes mentioned in the investigation (under Article 80D- 102 penal code ) , and the activity carried out by the journalist was aimed at providing truth to viewers in the framework of human rights and freedom of opinion and expression as stated in international conventions and the Egyptian Constitution.

EOHR calls for preserving investigation in case No. 11/2007 according to the following:-


First: The re-representation of crimes is a customary Technique in a documented movies .


Second: The facts mentioned above can't be submitted to the clause of article 80 / D of the Egyptian penal code because it is related to the freedom of opinion and expression and freedom of information.


Third: The channel mentioned followed the familiar procedures for obtaining permits by contacting the different concerned bodies .

Fourth: The mentioned journalist get a previous permission from the State Information Services to drive out the tapes, which did not require a submission to the Department of artistic works as it represented news materials.


In this regard , EOHR welcomes the court decision, which is considered without any doubt a stand up and support for the freedom of opinion and expression in general and press freedom in particular . The decision is agreed with demands which were called by political and community forces .EOHR also calls for canceling all negative punishments for freedom in publication cases in accordance with Constitution and international conventions concerned .


In this circumstance ,and in the hope of greater freedom of opinion and expression , EOHR recalls for abolishing all laws that restrict the right to publish newspapers and canceling the monitoring on Foreign newspapers .




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