2 October 2007, Cairo – Paris,
Today, the International Federation for Human Rights (FIDH) observed the first hearing in Essa’s nine trials before Bolaq’s Misdemeanor Court in Cairo for “propagating false news and rumors causing general security disturbance and harming public interest" and "intentionally publishing false news that may hurt public safety" under Article 188 of Egyptian Penal Code.
The very impressive security forces display outside and inside the Court did not deter a large number of observers, among which representatives of British and Dutch Embassies, Egyptian human rights organizations as well as many journalists for a broad media coverage. The Bar Council of lawyers and the National Union of journalists were also represented.
Mokhtar Trifi, a Tunisian lawyer and President of the Tunisian League for Human Rights, mandated by FIDH to observe the trial, attended the hearing that took place in the absence of Ibrahim Essa. Both parties to the trial asked the court to postpone the trial.
Most of the 8 lawyers who lodged a complaint against Essa (the ninth complaint having been filed by the Public Prosecutor) were present. These lawyers are close to NDP, the ruling party. One of them, Nabil El Wahrsh, announced publicly that he had withdrawn his complaint. Following a lengthy deliberation, the Court decided to postpone the trial to 24th of October 2007.
For the next hearing, which will take place in a court hall located 25 Kms away from Cairo, the Court decided to call several witnesses to give testimonies against the accused, among which the President of the Central Bank as well as the President of the Stock Exchange, in order for them to attest the loss that Egypt allegedly suffered in the aftermath of the publication by Ibrahim Essa of incriminated press articles.
FIDH calls upon the 7 remaining plaintiffs to withdraw their complaints, especially since Article 251 of the Penal Procedure Code, amended in 1998, no longer allows for complaints lodged without having suffered a personal and direct harm.
FIDH recalls that according to the UN Special Rapporteur on freedom of Expression, “Criminal defamation is not a justifiable restriction on freedom of expression; all criminal defamation laws should be abolished and replaced, as necessary, by appropriate civil defamation laws”. FIDH calls upon the Egyptian Authorities to abolish all criminal defamation laws.