Re-trial of Prominent Egyptian
Activist Begins
Case demonstrates continued persecution
of those who promote democracy and human rights in Egypt
New York - The re-trial of Saad Eddin Ibrahim by a Cairo State Security
Court, which began on April 27, demonstrates the lengths to which
the government will go to silence activists who seek to promote democracy
and basic human rights in Egypt.
"The first week of this case showed once again
that the charges against Dr. Ibrahim and his co-defendants are without
foundation," said Neil Hicks, the director of Human Rights First's
Human Rights Defenders Project, who was one of two Human Rights First
observers at the opening of the trial. "The arbitrary manner
in which Dr. Ibrahim and others working at organizations with which
he is associated have been singled out for prosecution demonstrates
the ease with which the government can manipulate the legal and
judicial system for its own ends."
Dr. Ibrahim, 63, has long been an outspoken independent
commentator and strong advocate for minority rights and increased
democratic participation by all Egyptian citizens. He and 27 co-defendants
were convicted on May 21, 2001, on charges of receiving foreign
funds without government permission, deliberately disseminating
false information abroad harmful to Egypt's interests, and defrauding
the European Union.
Several of the defendants received prison sentences,
the most lengthy of which was the seven year sentence imposed on
Dr. Ibrahim. In February 2002, however, the Court of Cassation overturned
the conviction and ordered the release of those imprisoned, pending
a re-trial by another State Security Court.
The re-trial commenced on April 27 before a new panel
of three judges. In the first week of proceedings, three prosecution
witnesses were heard and examined by counsel for the defense. In
addition, the defense challenged the constitutionality of the Military
Decree of 1992, under which the charge of receiving foreign funds
without government authorization has been brought.
As the second week of the re-trial approaches, Human Rights First calls once again for all charges against Saad
Eddin Ibrahim and his co-defendants to be dismissed. The charge
of defrauding the European Union is unfounded and has been directly
refuted by the EU itself, in an affidavit submitted to the Court.
"Many Egyptian organizations seek and receive funding from
foreign donors, and the prosecution of Dr. Ibrahim and his colleagues
represents the arbitrary application of a Military decree with dubious
constitutionality," said Hicks.
The charge of defaming the Egyptian State is also
a totally unacceptable restriction on freedom of expression. It
is the essence of democracy that persons be able to express their
views freely, particularly views related to the governance of the
State. The statements made by Dr. Ibrahim which appear to form the
basis of this charge were legitimate forms of speech and do not
differ significantly from numerous other statements and views expressed
by a range of individuals within and outside Egypt.
"This trial has had a chilling impact on other
Egyptian human rights organizations and activists, who work in constant
fear of prosecution for their legitimate activities," added
Hicks. "For example, the Egyptian Organization for Human Rights,
Egypt's oldest human rights monitoring group, has faced severe disruption
since the arrest of Dr. Ibrahim in June 2000. Even today it is operating
at a much reduced capacity, in large part because of uncertainty
about its legal status, and concern that its leaders may face imprisonment
for their work."
Should the charges against Dr. Ibrahim and his colleagues
not be dropped, Human Rights First trusts that the judges of
the State Security Court will rule in favor of the defense and acquit
all of the defendants. It is crucial that the Court demonstrate
its independence and impartiality, and that it repairs the tarnished
image of the Egyptian judicial system that this prosecution has
engendered.
"The Court must not allow the government
to use a veneer of law to persecute those who criticize its policies
and actions," said Hicks. "Activists such as Dr. Ibrahim
must be able to rely upon the courts and the rule of law in their
fight to promote and protect human rights for all Egyptians."
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