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1/6/2002
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EOHR's report about press freedom in Egypt
Journalism In Egypt: Caught Between Laws And the Government
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12-7-2006
Second Part: Journalists at the Public Prosecution Office
EOHR recorded the events of investigations with journalists in 52 case over the past two years, since the presidential promise in February 2004, until July 2006. The cases are as follows:
Serial |
Case |
Journalist |
| 1 |
Case no. 22/2006 Cairo Prosecution Office of Appeal |
Abdulmomen Helmy Mahmoud, Hatem Zahran, Journalists |
| 2 |
Case no. 55/2005 Cairo Prosecution Office of Appeal |
Khaled Abdulmeged, Selem Azouz, journalists |
| 3 |
Case no. 20/2006 Cairo Prosecution Office of Appeal |
Mr. Al Sayed Al Shazly – Chairman of the Board and editor-en-chief of Al Masry Al Dawly newspaper, for investigations regarding what was published at the newspaper, page 27, on March 6 th 2006, entitled “crossing the line in public codes” |
| 4 |
Case no. 78/2003 Cairo Prosecution Office of Appeal |
Mr. Mahmoud Al Askalany, journalist at Al Arabi newspaper |
| 5 |
Case no. 109/2005 Cairo Prosecution Office of Appeal |
Mr. Ahmed Mukhtar and Mr. Hatem Faramat, journalists at Al Ahram Al Masaay, regarding the report filed by Mr. Ezzat Hussien Mohamed Al Naggar, journalist at the same newspaper |
| 6 |
Case no. 132/2005 Cairo Prosecution Office of Appeal |
Mr. Hussien Abdulkader, Journalist at Akhbar Al Youm newspaper |
| 7 |
Case no. 252/2005 Cairo Prosecution Office of Appeal |
Mr. Amro Nabil Ahmed Al Sayed, Associated Press, Mrs. Nadia, same Agency |
| 8 |
Case no. 107/2004 Cairo Prosecution Office of Appeal |
Mr. Magdy Mehana, journalist at Al Masry Al Youm newspaper |
| 9 |
Case no. 233/2005 Cairo Prosecution Office of Appeal |
Mr. Mohamed Abdullatif, journalist at Al Fajr Newspaper |
| 10 |
Case no. 78/2005 Cairo Prosecution Office of Appeal |
Mr. Mahmoud Al Shenawy, Chairman of Al Maydan Newspaper, Saeed Abdulkhlek, Nabil Al Wakababawy, journalist at the newspaper |
| 11 |
Case no. 193/2005 Cairo Prosecution Office of Appeal |
Mr. Hassan Amer, journalist at Al Fajr Newspaper |
| 12 |
Case no. 25/2005 Cairo Prosecution Office of Appeal |
Mr. Alwardany Nasif, Mr. Magdy Roshdy, Mrs. Safaa Al Nashar, Mr. Nagy Hussien Abuzied, Mr. Mohamed Salama Abdulwahed (report filed by them) |
| 13 |
Case no. 184/2005 Cairo Prosecution Office of Appeal |
Mrs. Suzi Al Gendy, Journalist at Al Ahram newspaper |
| 14 |
Case no. 51/2005 Cairo Prosecution Office of Appeal |
Mr. Mohamed Amin, journalist at Al Adala newspaper |
| 15 |
Case no. 237/2005 Cairo Prosecution Office of Appeal |
Mr. Ahmed Al Torky, journalist at Al nabaa Al Watani newspaper |
| 16 |
Case no. 84/2005 Cairo Prosecution Office of Appeal |
Mr. Salah Abadaya, editor-en-chief of Al Ahrar newspaper. Mr. Hani Mekawy, journalist, Mr. Atef Farouk, journalist. Mr. Mohamed Al Demerdash, journalist |
| 17 |
Case no. 73/2005 Cairo Prosecution Office of Appeal |
Mr. Mohamed Abdulmeniem, Chairman of Rose Al Youssif newspaper. Mr. Karam Sehey Abduh, journalist, Mr. Hossamaldin Abdulhady, journalist |
| 18 |
Case no. 174/2005 Cairo Prosecution Office of Appeal |
Mrs. Intesar Hassan Ali Al Nemr, Mr. Ayman Al Seba'y, journalist at Al Gomhoreya newspaper |
| 19 |
Case no. 6/2006 Cairo Prosecution Office of Appeal |
Mr. Hassan Amer, journalist at Al Fajr newspaper |
| 20 |
Case no. 8/2006 Cairo Prosecution Office of Appeal |
Mr. Ali Khalil, journalist at Akhbar Al Parlaman newspaper |
| 21 |
Case no. 213/2005 Cairo Prosecution Office of Appeal |
Mr. Mustafa Mohamed Mansi, journalist at Al Hakika newspaper |
| 22 |
Case no. 41/2005 Cairo Prosecution Office of Appeal |
Mr. Nasser Hatem. Mr. Ahmed Hashem Ashour, journalist |
| 23 |
Case no. 23/2005 Cairo Prosecution Office of Appeal |
Mr. Sherif Al Sayed Othmanly, photographer at Al Masry Al Dawleya newspaper. Mr. Al Sayed Ali Al Shazly, editor-en-chief of the newspaper |
| 24 |
Case no. 229/2005 Cairo Prosecution Office of Appeal |
Mr. Nasser Fayad, journalist at Al Wafd |
| 25 |
Case no. 184/2005 Cairo Prosecution Office of Appeal |
Mrs. Suzi Al Genedy, journalist at Al Ahram Newspaper |
| 26 |
Case no. 257/2005 Cairo Prosecution Office of Appeal |
Mr. Yousry Mohamed Al Badry, journalist at Al Masry Al Youm newspaper |
| 27 |
Case no. 247/2005 Cairo Prosecution Office of Appeal |
Mr. Abbas Al Tarabely, Al Wafd newspaper |
| 28 |
Case no. 233/2005 Cairo Prosecution Office of Appeal |
Mohamed Abdullatif Mofada, Al Fajr newspaper |
| 29 |
Case no. 162/2005 Cairo Prosecution Office of Appeal |
Mrs. Amira Malash, journalist at Al Fajr newspaper |
| 30 |
Case no. 85 /2005 Cairo Prosecution Office of Appeal |
Mr. Yasser Barakat, journalist at Al Mougaz newspaper |
| 31 |
Case no. 128 /2005 Cairo Prosecution Office of Appeal |
Mr. Nabil, Ibrahim Essa, Mr. Khaled Ismael |
| 32 |
Case no. 243 /2005 Cairo Prosecution Office of Appeal |
Mr. Mahmoud Ma'rouf |
| 33 |
Case no. 135 /2005 Cairo Prosecution Office of Appeal |
Mr. Wael Al Ibrashy, Mr. Mahmoud Al Khouly, Mr. Ahmed Abulkhier, Mr. Sami Gafar. Journalists at Sout Al Omma newspaper |
| 34 |
Case no. 245 /2005 Cairo Prosecution Office of Appeal |
Mr. Mohsen Eid, journalist at Sout Al Omma newspaper |
| 35 |
Case no. 120 /2005 Cairo Prosecution Office of Appeal |
Mr. Saeed Al Sony, journalist at Al Ahrar newspaper |
| 36 |
Case no. 112 /2005 Cairo Prosecution Office of Appeal |
Mr. Ahmed Sayed Mahmoud Ali, Al Ahrar newspaper |
| 37 |
Case no. 230 /2005 Cairo Prosecution Office of Appeal |
Mr. Waled Orabi, Mr. Emad Bassaly |
| 38 |
Case no. 231 /2005 Cairo Prosecution Office of Appeal |
Tamer Saladin, Al Mydan newspaper |
| 39 |
Cairo Prosecution Office of Appeal, insult and defaming of Murtada Mansour |
Shakek Al Taher, editor-en-chief of Avocato newspaper |
| 40 |
High State Security Prosecution Office – Coup d'etat Trial and causing religious violence |
Ahmed Abu Abdullah, a.k.a Abu Islam |
| 41 |
State Security Prosecution Office investigating an article about the decision of the Prosecutor General regarding empowering Noman Gom'a of Al Wafd party, and an accusation of influencing the decisions of the Prosecutor General |
Magdy Al Dakak, editor-en-chief of Al Masry Al Youm |
| 42 |
SSPO – Accusation of acquiring imprints and papers of Muslim Brotherhood group |
Ahmed Ezzaldin Al Goul |
| 43 |
Cairo Prosecution Office of Appeal – report 123/2004 – Insult and defaming of Ibrahim Soliman the former Minister of Housing |
Adel Hamouda, editor-en-chief of Al Fajr
Mohamed Albaz
Manal Lashen |
| 44 |
Cairo Prosecution Office of Appeal – report from the Orthodox Church – accusation of making a C.D and claiming the presence of a play despising Islam that was shot in a church in Muharam Beh, Alexandria |
Waled Orabi, Al Mydan newspaper |
| 45 |
East Alexandria Prosecution Office – Cairo Prosecution Office of Appeal – report from Mamdouh Ramzy – Accusation of raising religious violence |
Waled Orabi, Al Mydan newspaper |
| 46 |
Agouza Prosecution Office – report from Amr Khaled's fans – accusations of insult and defaming to Amr Khaled in a cassette tape attacking Amr Khaled and his fans |
Hossam Abdulhakem, Al Mydan newspaper |
| 47 |
Cairo Prosecution Office of Appeal – report filed from Mamdouh Ramzy, accusation of insult and defaming against Pope Shenoda, regarding the news story of the Coptic thief |
Adel Hamouda, editor-en-chief of Al Fajr
|
| 48 |
Cairo Prosecution Office of Appeal – report filed by Mamdouh Ramzy and seven lawyers from Alexandrian Copts, accusations of raising religious violence |
Adel Hamouda, editor-en-chief of Al Fajr
|
| 49 |
Cairo Prosecution Office of Appeal – insult and defaming of Ahmed Abulghet, the Minister of Foreign Affairs |
Wael Abdulfatah
Khaled Hanafy, Al Fajr newspaper |
| 50 |
Cairo Prosecution Office of Appeal – Insult and defaming of Ibrahim Nafe'e |
Mustafa Bakry – editor-en-chief of Al Osboa newspaper |
| 51 |
In August 2004, Dr. Diaa Al Mouniry filed a report to the Prosecutor General accusing journalist Ibrahim Khalil (Rose Al Youssif magazine) of insult and defaming, by what was published by the journalist, entitled, “State Security Department investigates with Diaa Al Mouniry in a bribe accusation”. |
Ibrahim Khalil
Journalist at Rose Al Youssif magazine |
| 52 |
During August journalist Karam Gaber (Rose Al Youssif Magazine) was questioned at Cairo Prosecution Office of Appeal, because of the report filed by Dr. Saad Al Din Ibrahim, whom accused Karam Gaber of insult and defaming by a series of articles he published in Rose Al Youssif, in issue no. 3965 isused on June 5 th 2004, entitled, “Who's protecting Saad Al Din Ibrahim?” and in issue no. 3967 on June 19 th 2004 entitled, “Ibn Khaldoun's Den… Change Ibrahim's way” |
Karam Gabr
Journalist at Rose Al Youssif newspaper |
Recommendations:
EOHR welcomes the intervention of President Mubarak and asking the parliament to annul the imprisonment in crimes of insult and defaming. However, we confirm that there are many other articles in the law in need for reconsidering, at the fore of which is Article 181, punishing insult and defaming of a foreign king or president by imprisonment and fining, especially that the article was removed from most laws, among which is the French law, therefore it is not acceptable that if a foreign journalist insults the Egyptian president to be punished, and if an Egyptian journalist insults a foreign president he is jailed. This reconsideration grants that the punishments included in the law is consistent with the international human rights instruments, and also the constitutional articles granting freedom of expression, and freedom of press in particular. In such concern, EOHR expresses its support for draft law prepared by the Journalists Syndicate since September 1999, amending the clauses of Penal Code issued with no. 58/1937, and law no. 20/1936, regarding imprints, and law no. 96/1996 regulating journalism.
EOHR also recommends the formation of a committee including law experts to review all legislations regarding freedom of press, especially articles punishing journalists with imprisonment in lawsuits of freedom of expression, publishing and printing, distributed among many laws, among which is imprints law, Penal Code, Journalism regulation law, state documents and civil servants law, banning the publishing of army news, military verdicts, annulling the trial of civilians in military and exceptional courts, putting an end to the punishment philosophy in legislations of journalism and media, replacing it with a philosophy that encourages all sorts of expression, creation in the field of journalism and media, in order to unleash the ownership of newspapers by public and private owners, and to individuals without permissions, with only the need of advising the authorities of the publication, removing obstacles of red tape and security that hinders the establishment of joint ventures in newspapers, notwithstanding the rule of producing permissions by advising, taking into consideration that the monetary fine shall be adequate to the income of journalists, their social circumstances, with a value not more than the payment of 12 months, because the fine has cruel negative effects on the publishing circles, the ability of journalists and newspaper to carry on working and publishing.
Also there is the need to provide a legislative mechanism for criminalizing the information banning against journalists by any governmental or public authority, banning the presence of any obstacles hindering the freedom of information flow, notwithstanding the needs of defence and national security. Also confirming the absence of discrimination regarding getting information by the various newspapers and journalists working in Egypt.
Comparative table for the Journalists Syndicate's bill and the Governmental bill
| S |
Journalists Syndicate's bill |
Governmental bill |
EOHR's comment on the Governmental bill |
| 1 |
Annulling punishments confiscating freedom mentioned in articles 26, 27, 29, 30 and 312 of Law no. 20/1936 regarding imprints, and to stop short at the fine determined by these Articles. |
Didn't mention anything regarding imprints law
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| 2 |
Amend Article 44 of law no. 96/1996 regarding journalism regulation as follows:
Whoever challenges the validity of a news story or an event published in a newspaper or any media channel mentioned in article 171 of Penal Code, has to provide evidence for his challenge regarding the event, and that the journalist knew that he lied in the story he published, and its not a crime if the publishing was in good cause on the part of the journalist, and after taking proper caution according to the codes of practice. |
Didn't mention anything regarding journalism law
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| 3 |
Annulling articles 80-d, 86 bis, paragraph 3, 98-a, paragraph 4, 98 –b bis, 98-e, 102, 102 bis, 124-a, third paragraph, 172, 174, 176, 181, 184, 185, 186, 187, 188, 189, 199 and 200 of the penal code.
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Annulling articles 98-a bis, fourth paragraph, 124-a third paragraph, 178 bis (second), last paragraph, 195, 199 and 200 of the penal code. |
The bill annulled article 98-a which is the article penalizing the opposition of the principles of the socialist system, which is a system annulled because of the economic reformation, from socialist to free market economy. Also article 124-a(3) was annulled, which is the article regarding the penalization of publishing correct news, while article 178 bis, which the governmental bill demands its annulment penalizes the editor-en-chiefs for their responsibility for publishing stories with nude pictures and the likes in their newspapers.
While article 195 was ruled that its first paragraph is unconstitutional, which holds the editor-en-chief responsible for what is published in his newspaper, and the annulment came without a clear meaning, especially after the addition of article 200 bis, in the same bill, to replace article 195, the replacement carrying between its lines the responsibility of the editor-en-chief, which was ruled unconstitutional, and article 200 bis came to crawl behind the back of the verdict, as we will show later.
Articles that were amended by annulling imprisonment and duplicating minimum and maximum limits in fines.
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| 4 |
Article 302
Anybody accusing others by any of the means mentioned in Article 171 of this law, by accusations if true it necessitates punishment, or gets him disrespect by his fellow citizens, shall be considered a defamer.
However, challenging the good conduct of affairs of a civil servant or a person assigned to a public service is not considered under the title of the previous paragraph, if it happens in good cause, and was in regard to the job assigned or the public service, if the accuser didn't prove that the defamer deliberately published incorrect information, or was due to not giving enough care to the validity of what he publishes.
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Article 302, second paragraph
However, challenging the good conduct of affairs of a civil servant or a person assigned to a public service is not considered under the title of the previous paragraph, if it happens in good cause, and was in regard to the job assigned or the public service, on condition that the defendant provide a prove for each act done. The investigation authority or the court may decide to ask administrative bodies to provide documents supporting what the defendant did.
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| 5 |
Article 303
Defaming is punished by a fine not less than 2 thousand L.E. and not more than 5 thousand L.E., if the defaming is against a civil servant or someone assigned to a public service, because of his job, assignment or public service, the fine is not less than 5 thousand L.E. and not more than 10 thousand L.E. |
Article 303
Defaming is punished by a fine not less than 5 thousand L.E. and not more than 15 thousand L.E., if the defaming is against a civil servant or someone assigned to a public service, because of his job, assignment or public service, the fine is not less than 10 thousand L.E. and not more than 20 thousand L.E. |
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| 6 |
Amending article 171 of Penal Code 58/1937, so as the fine decided by article 2 of Penal Code in case of committing a crime or misdemeanor because of encouraging to commit crimes of article 171 of the law, while if the encouragement resulted in trying to commit a crime, no punishment should be inflicted.
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Article 171 and 178
Replace the word “encouraged” by the word “tempt” wherever occurring in article 171 of the same law, and the sentence, “if harming the social decorum” to, “if contradictory to decorum mentioned in article 178” .
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| 7 |
An article to be added under name: article 44 bis, to law no. 96/1996 regarding the journalism regulation, as follows:
Article 44 bis
The court of appeal shall establish a board formed of three of its judges, chosen by their annual congress, and presidency over the board is granted to the oldest member of them. The board shall have a technical office constituting of a sufficient number of judges, presidents of courts of first instance, assigned by a decision issued from the Higher Judiciary Council. The board has the jurisdiction, limited to it, to investigate in crimes, upon request, done by newspapers, and the board has the right to assign one of its members or assigned personnel to investigate. The board may investigate, along with whomever it assigns, in crimes according to jurisdictions and rules granted by the law, and the judge shall rule notwithstanding the provisions of this law.
The board only has the right to file criminal cases in this regard. |
Didn't mention anything regarding Journalism law. |
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| 8 |
Article 44(a) bis
Exempted from the provisions of criminal procedures law, and military rules law no. 25/1966, the courts of first instance has the jurisdiction (misdemeanors in appeal division) to decide in misdemeanors done by newspapers, and the appeal to these verdicts is exceptional, in front of the criminal courts with proper jurisdiction, to which the court of first instance is related |
Didn't mention anything regarding Journalism law. |
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| 9 |
The bill of the syndicate demanded the annulment of articles 182 and 185, and to amend article 302 a s mentioned above. The bill asked in article 2 of the bill to annul all sorts of freedom confiscating punishments in crimes of expression and publishing, and to stop short at fines with a maximum limit reaching 5 thousand L.E. |
Imprisonment in crimes mentioned in articles 182, 185, 302 and 306 of the Penal Code is annulled, with the increase in minimum and maximum limits of fines in such crimes. |
Articles 185, 303 and 306 are not important anymore. As these articles became useless after the amendment on article 308, or 303, after the latest governmental amendment ruling imprisonment and fining if the journalist insulted the victim regarding his morality or family. |
| 10 |
The bill of the syndicate demanded the annulment of articles 182, 195, amending 302 as mentioned above.
The bill asked in article 2 of the bill to annul all sorts of freedom confiscating punishments in crimes of expression and publishing, and to stop short at fines with a maximum limit reaching 10 thousand L.E. |
Articles 176, 178 bis (second, first paragraph), 181 and 302 Penal code, shall be replaced by:
Article 176:
Anybody encourages by the means mentioned above discrimination against a certain sect of the people because of race, origin, language, religion or faith, shall be punished by imprisonment, if such an act results in disturbing public peace.
Article 178 bis (second, first paragraph)
Anybody who makes or acquires photos, for trade, distribution, sticking or display, that might harm the state, for mentioning information challenging the truth or a false description, shall be penalized by a fine not less than 10 thousand L.E. and not more than 30 thousand L.E.
Article 181
Anybody who insults, by any of the means mentioned above, the head of a foreign state, shall be punished by imprisonment and a fine not less than 10 thousand L.E. and not more than 20 thousand L.E.. |
Imprisonment is still applied according to article 176 in case of encouraging discrimination in case it results in disturbing the public peace. In this regard, public peace is not defined or has an exact meaning.
Article 178 bis (first paragraph) annulled imprisonment in case of acquiring photos, for trade, distribution, sticking or display resulting in harming the state. However, the fine inflicted according to this article is exaggerating and might reach 30 thousand L.E.
We also find that imprisonment is still applied according to articles 171, 178, 80-d, 98-b bis, 98-e, beside that the bill ignored the provisions inflicting imprisonment in cases of publishing like article 179 regarding insulting the head of state, and article 102 from which the sentence “displaying bad publicity” and other articles which the journalists syndicate asked for their amendment.
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| 11 |
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The following sentences are to be dismissed from the Penal Code:
“Or with bad intentions” mentioned in article 80-d.
“or the liking” in third paragraph of article 86 bis.
“or the liking” and “or social peace” mentioned in article 98-e.
“or a crime disturbing the governmental security” in article 172.
“hate or disrespect” in first paragraph of article 174, also “or with any illegal means” in paragraph 2 of the same article.
“or one of the affairs considered a crime or misdemeanor according to provisions of article 177” , also “or in lawsuits related to crimes mentioned in this chapter or chapter seven of the third book of the law” in first paragraph of article 189. |
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| 12 |
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Two articles are to be added to the Penal Code, with numbers 200 bis and 200 bis (a), as follows:
Article 200 bis
Anybody who issues a newspaper, imprint or any other published means breaching provisions of the law, shall be penalized by imprisonment not less than 6 months and with a fine not less than 10 thousand L.E., and not more than 30 thousand L.E., or by any of the mentioned above means of punishment, beside confiscating the published issues involved in the case.
Article 200 bis (a)
The legal person is responsible with the convicted working for it, to fulfill the punishments, financial and remedial, concerning the crimes committed by the legal person, as a newspaper or any other publishing means.
The editor-en-chief or whoever is assigned by him as the supervisor of publishing regarding any of the crimes mentioned in the previous paragraph, shall be fined with not less than 5 thousand L.E., and not more than 20 thousand L.E., if publishing is proved by his knowledge or due to a shortage in supervision on his part. |
Article 200 bis
It made imprisonment mandatory in case of publishing a newspaper or other imprint in breach to the provisions of the law, beside an exaggerating fine that can reach 30 thousand L.E.
Article 200 bis (a)
Confirming the responsibility of the legal person with the convicted working for it.
It also punishes the editor-en-chief or the person assigned to supervise the publishing in case of committing the crime mentioned in the previous paragraph, if publishing was proven to be done by him or with his knowledge, because in this case he misuses his role of supervision. The article is not consistent with the decision of the Constitutional Court regarding the unconstitutionality of article 195 of the Penal Code, that ruled the hypothetical responsibility of the editor-en-chief, as the article made the responsibility of the editor-en-chief valid in all circumstances and cases, which means that his responsibility is hypothetical, which makes article 195 unconstitutional.
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