Dispute incidents and fabricated cases in chronological order

Facts and Details of the Fabricated Case by Judge Abel Fattah Murad against the Arabic Network, Hisham Mubarak Law Centre and the Egyptian Bloggers

Historical background

Here’s a historical and a sequent show for the dispute facts and the fabricated cases by the judge Abel Fattah Murad against (Gamal Eid”the Arabic Network”, Ahmed Seif”Hisham Mubarak Law Centre”, the blogers”Amr Gharbia”and”Manal Bahie”.This background is used as a background to the current case before the court against Gamal ,Seif and Gharbia.

13/12/2006

The Arabic Network held a press conference at the Journalists’ Syndicate to declare its report regarding freedom of using the Internet entitled “Stubborn Rival: the Internet and the Arab governments”. the report is a major research, both (Ehab Al zalaki, Gamal Eid, Sally Sami) took part in it.The study included a referendum, references and interviews with bloggers, including Amr Gharbia,Malek Mustafa, and others. Copies of the printed report were distributed during the conference on journalists, bloggers and activists.The report has been deployed fully on the Arab initiative for free Internet web site

http://www.openarab.net/reports/net2006/

the same day, at 12:00 pm.

http://bit.ly/9d6VBp

23/12/2006

The Arabic Network, held a workshop at the Journalists’ Syndicate in Cairo in the presence of journalists , specialists and a large audience to discuss the report .The workshop concluded the to many results on the importance of passing a new act for the circulation of information.

http://bit.ly/9nLaZD

3^rdFebruary, 2007

Amr Gharbia published a useful topic on his blog. In the topic Amr referred to a blog for the judge Abel Fattah Murad and the judge has a book in the market, entitled ” scientific and Legal Assets for Blogs on the Internet”.Amr praised the book before reading it considering that it having a bloger judge who presents a book on blogs is appreciated, particulary the blogger Karim Amer was trialed at the same time.

http://bit.ly/c2hWLD

7^th February, 2007

Amr Gharbia, published a topic entitled” Presentation of an Egyptian Judge Book about Blogs is Zero out of Ten”.In the topic,Amr criticized the book and the judge’s situation of blogs and freedom of expression in a very sophisticated, and polite way.At the end of the topic,Amr pointed that he found great similarities between parts in the book and parts in the report that was published on December by ANHRI,as Amr was one of the report’s sources.Amr gave examples to the pages that were reproduced from ANHRI’s report without reference to the source.Comments began coming automatically on Amr’s blog(ie,a person access to the topic and comment,then his comment is published automatically at once).Amr replied on some of these comments in a balanced, calm and clear manner without offending or infringement of any person.

http://bit.ly/aUv9xy

8^thFebruary, 2007

In ANHRI, we bought the book of the judge Abel Fattah Murad for 100EP, and we were surprised to find tens of pages reproduced from our report without reference to the source as a reference. The judge erased some comments that were directed to the Arabian governments regarding their deal with the internet in some pargarphes,inspite of the confirmations that were included in his book regarding infringement of intellectual property, in addition to an oath and a religious hadith(prphet’s saying) that condemn copying and infringement of others rights.

An example for a reproduced paragraph with a misprint:

(Paragraph from the network report, page 42, Tunsia chapter)

The report of the Tunisian group to control freedom of opinion and expression After the World Summit on Information Society 2005, issued in May 2006, asserted the continuation of blocking at least two sites of those of the members of monitoring the status of freedom of expression in Tunisia. The websites are ANHRI’s website www.hrinfo.net, and www.amisnet.org

(The same paragraph in the judge’s book page 82, with the same misprint, repeating the word report)

The report of the Tunisian group to control freedom of opinion and expression After the World Summit on Information Society 2005, issued in May 2006,asserted the continuation of blocking at least two sites of those of the members of monitoring the status of freedom of expression in Tunisia. The websites are ANHRI’s website www.hrinfo.net, and www.amisnet.org

9^thFebruary, 2010

We contacted one of the dear judges and we offered him the matter, and the assault that the judge Abdel Fattah Murad committed regarding infringement on intellectual property of ANHRI.The dear judge advised us not to keep silent .when we informed the dear judge that we do not want to grab the government a chance and attacks judges, in particular, the judges were in almost a battle to defend their independence. The dear judge replied that the judges can not give a deaf ear to an encroachment by one of them.

11/2/2007

ANHRI published a statement entitled” a Statement to the Public Opinion regarding the Judge Abel Fattah Murad’s Infringement on Intellectual Property of ANHRI”

The Network expressed its surprise in the statement of infringement the Judge Abel Fattah Murad of reproducing more than 50 pages of ANHRI’s report without reference to the source, although he is not a young researcher who is not aware of intellectual property rights. We announced that we resort to Judges Club and we accept its verdict without comment.

http://bit.ly/aKOSUO

11/2/2007

Telephone calls poured on Gamal Eid from the Judge Abdel Fattah Murad, after publishing the statement of the Network. All of the calls were varied between threat if the Network did not lift the statement on the web site, and sometimes entice the Network, but the Network has rejected the threat, as well as the entice, and asked him to write an apology with a promise not publish it.
Already the judge has sent a message to the Arabic Network but without any apology, nay he praised the Network and its work, and alleged that he pointed to the ANHRI in his report, but these signs were already presented in the body of the report, through the reproduced parts. (the message is still at ANHRI and on the email too) .After the judge had sent the message, he contacted us, but we informed him that he is not serious and should apologize because it is our right, and there is no dispute between us and him, if he admits to his mistake, with another promise not to publish the apology.

12/2/2007

The judge sent another message via email in the morning, and it was not different from the first one, as there is no apology, nay praises to ANHRI, and arguing that what we write is an official document that does not enjoy protection.

12/2/2007

Nine human rights organizations issued a statement of solidarity with the Network in the incident of infringement of intellectual property committed by the judge Abdel Fattah Murad, and announced that it accepts the verdict of the Judges Club without comment.

http://bit.ly/bALmnU

12/2/2007

There were many telephone calls from the judge with insistence to withdraw the two statements “ANHRI’s statement and corporate organizations statement”, but we refused till he send us an apology. The judge Murad suggested resorting to any one to resolve this issue. We told him that we accept any judge of the Judges Club, which he rejected strongly, and asked to choose another one. We told him that Mr. Ahmed Seif al-Islam Hamad, is “our senior now,” after the death of Mr. Ahmed Nabil Al-Hilali, may God have mercy on him, and I gave him the telephone of Mr. Ahmed Seif. I contacted Mr. Ahmed Seif to tell him that the judge may call him, and that Mr. Saif – has all the powers to take any decision in the matter.

2^nd March, 2007

Rosalyousef newspaper published an article ,that the Judge Abdel Fattah Murad, filed a lawsuit at the state council against the cabinet , Ministry of Communications , the Interior ministry and others. The judge called for blocking 21 sites on the Internet basically The Arabic Network for Human Rights Information website and others, alleging undermining the reputation of Egypt and insulting the president, while he completely ignored and did not mention that the crime of these sites is that they published the fact of his infringement on the intellectual property of ANHRI.

Copy of the news on:

http://bit.ly/9eTYGP

March 3^rd ,2007

The Arabic Network published a statement on the case filed by the Judge Abdel Fattah Murad to block 21 website. In the statement, ANHRI, condemned the issue and stated that they accept – and still – any action taken by the Judges Club in this regard.

http://bit.ly/9eTYGP

1-Three cases were filed by the judge Dr. Abdel Fattah Murad. “Insult and libel” was sentenced to acquittal, misdemeanors and appeals. The case of the State Council was sentenced to refuse blocking websites; the third case was referred to the Court of the Caliph. yet, the complaint brought by the network against the judge on the April 3, 2007, is still under investigation, although the incident is clear, and the presented documents do not need more than half an hour of any person or a quarter hours of an expert to discover the infringement of intellectual property on ANHRI’s report and the illegal reproduce.

March 21^st , 2007
Arab and Egyptian human rights organizations as well as bloggers launched a campaign to defend freedom of opinion and expression having the slogan “No to site blocking .. not to infringement on intellectual property” . The campaigners criticized the case filed by the judge to block websites and describing them as terrorist. They promised to intervene in the case before the State council as defenders of freedom of expression. The fallacy of the case was very clear regarding the relation between ANHRI and 6 sites at least, such as Kefaya , AlGhad paper , Nahdet misr, and other blogs who are nor related to ANHRI in any aspect.

http://bit.ly/ae3VgL

March 26^th , 2007
Mr. Ahmed Saif under the title “Who will defend us” wrote about the attacks on Hisham Mubarak Center and the attempts to close the center detailed to date.
http://bit.ly/ahAk8D.

March 27^th , 2007
The Administrative Court, “State Council,” considered the first hearing of the judge case to block sites, in which the Court decided to refer it to another chamber on April 7^th 2007.

April 3^rd , 2007
The Arabic Network through its Director Gamal Eid, submitted complaints to the Supreme Judicial Council and the Minister of Justice, urging them to investigate Judge Abdel Fattah Mourad for abuse of intellectual property of the Arabic Network, particularly as the judge in question raised a number of malicious cases against the Arabic Network and some bloggers and lawyers in an attempt to avenge them for exposing his crime.

April 3^rd , 2007
The Arabic Network made a complaint to the Attorney General asking him to investigate the infringement of intellectual property by Judge Abdel Fattah Mourad, accusing him of violating the law No. 82/ 2002 on the protection of intellectual property, a complaint # 5503/ 2007

April 4^th , 2007
Gamal Eid, Manal Bahey El Din Hassan, Alaa Seif by the Dokki were prosecuted on charges of defaming Judge Abdel Fattah in a communiqué submitted to the Attorney General, claiming that the three have insulted him in administrative court during the first hearing of the blocked sites case.

April 7^th , 2007
The sixth chamber of the State Council considered the case of blocking websites. The judge addressed the court and showered bloggers and human rights institutions with charges and pointed to sacks “of dollars!” coming from abroad (so he said) and claimed that ANHRI report was sold to several parties! He demanded private hearing and claimed a crackdown is launched against him because he requested to close those blogs.

http://bit.ly/9rAw8x

May 5^th , 2007
The State Council, considered the case of blocking websites, where the judge to submitted an amendment to the Court requesting to close 50 sites.
On this day also, were learned that there is a communiqué from the judge, accusing each of (Ahmad Saif , Gamal Eid, Amr Gharbia and others of blackmail in Abbasia prosecution office.

http://bit.ly/c1sbTE

May 10^th , 2007
The investigation was conducted with the blogger Amr Gharbia on a communiqué from the judge accusing him of defamation and extortion Amr was bailed out on EGP 200. Ahmed Seif and Gamal Eid, were interrogated on June 27^th , 2007 and on July 1^st , 2007 respectively.

June 2^nd , 2007
Alexandria prosecution started investigating the complaint submitted by Gamal Eid, Director of the Arabic Network to the Attorney General on April 3rd, 2007, requesting investigation with the judge in the crime of violation of intellectual property, and demanding the lifting of immunity, given that such crime is punished by imprisonment and a fine which leads to lifting the immunity

July 14, 2007
First hearing in the civil case filed by Gamal Eid, in South Cairo Court against Mourad, claiming over 500 thousand pounds for his crime of infringement of intellectual property rights by reproducing many pages of the report of the network on freedom to use the Internet without reference to the source.

August 2007
The Arabic Network for Human Rights Information sent a legal warning to the Minister of Justice, asking him to declare result of the investigation with the judge Abdel Fattah Mourad in the complaint submitted by the Arabic Network in April 2007.

December 29, 2007
Administrative Judiciary Court issued its ruling in case # 15575 / 61 filed by Abdel Fattah Mourad requesting to block 51 websites.The Court decided to reject the lawsuit and stressed the support freedom of expression and not compromising the sites as long as these sites do not affect the beliefs or public order.

November 5, 2008
Dokki Misdemeanor Court considered the first hearing of the defamation case filed by Abdel Fattah Mourad against “Gamal Eid, Alaa Seif and Manal Bahi

November 14, 2007
The north of Cairo prosecution called in Gamal Eid on the indictment fabricated by Abdel Fattah Mourad that Gamal Eid, Ahmed Seif and Amr Gharia of insult and libel.
Then Ahmed Saif was called in as well . Both Eid and Seif accused the judge of forging a customary document against them

December 31, 2008
Dokki Misdemeanor Court acquitted, “Gamal Eid, Alaa Seif and Manal Bahi in the libel case fabricated by Mourad.

March 30, 2009
Dokki Misdemeanor Appeal Court to appeal by Mourad, “which was submitted after the legal date” acquitted, “Gamal Eid, Alaa Seif, and Manal Bahi of libel.

June 29, 2009
Misdemeanor court upheld the acquittal, of Gamal Eid, Alaa Seif, and Manal Bahi .

May 22, 2010
The first hearing of the third case of the fabricated case by Mourad at Al Khalifa Misdemeanor Court on charges of “threat of defamation, insult libel and misuse of the internet against” Gamal Eid, Ahmed Seif and Amr Gharbia

This case has been investigated in May and November 2007 at north of Cairo prosecution , which issued an incompetence memorandum. The case was forwarded to Misdemeanor Court, of Azbakia which declared incompetence Then at Al Khalifa Misdemeanor Court, it decided that the case can be forwarded to Court with charges of libel and association founding to the contrary the law . The Attorney General dropped the charge of illegal association and added the threat of defamation and abuse of the Internet.

June 26, 2010
Second hearing of the third case ..
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General observations:
1 – three cases brought by the judge Chancellor Dr. Abdel Fattah Mourad, was sentenced in one of “defamation” acquittal misdemeanors and appeals. Was sentenced in a case of the State Council to refuse blocking websites, the third case has been referred to the Court of the Caliph. While still complaint filed by the network against the judge in the April 3, 2007, is under investigation, although the incident and clear, and documents sponsor does not need more than a half hour of a normal person or a quarter of an hour of an expert to discover the size of the infringement of intellectual property to the report of the network and copy that is in violation of the law.

2 – so far the reasons for all of these cases is circumvented on allegations of “blackmail, libel, harm to the reputation of Egypt …. etc” is to ignore the real reason which is illegal reproduction of ANHRI report in a commercial book without reference to the source.

3 – The book ( scientific and legal rules for logs on the Internet) has another illegal reproduction on 196-214 from blogger Blogging Guide published by the Bent Masrya in May 2006, with some editing done and little change so as not to match the texts completely, without any reference whatsoever to the source this time.

Proof is available.

http://bmadvice.blogspot.com/

4 – Although the dispute with the Abdul Fattah Mourad is a citizen’s attacked the intellectual property rights, Mourad runs the dispute as judge and counselor at the courts of Alexandria, which is what makes the rivalry unequal.

5 – in every case ,Mourad, intentionally provides many portfolios and memoranda in hundreds of pages have been causing confusion and inflation in all the files and often held content far from the case at hand, and duplicated at other times.

6 – considering the number of public prosecutors who worked on the case made us certain of the fairness of our position, as they discovered that there is already a clear reproduction of our report, but the decision to retrieve rights was not in their hands.

Gamal Eid
The Arabic Network for Human Rights Information
Cairo, June 20^th , 2010

التصنيف : Reports

الحق :