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The Internet In the Arab World
A New Space of Repression?
No Rules, No Limits
United Arab Emirates:
Freedom of expression is missing despite a decision banning imprisonment for press crimes
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Arabic Network for Human Rights Information (ANHRI)
Legal Aid Unit
After the Imprisonment SentenceIssa, what are the Guarantees of Opponent Journalists’ Protection?
Cairo,4th October , 2008
Following court sentence to 2months term in prison handed to the editor – in- chief of Addustour newspaper Ibrahim Issa on charges of publishing false news and rumors about the health of the president Mubarak, the freedom of opinion and expression, the right to knowledge and exchange information are at stake. What confirms this conclusion is the Egyptian authorities' stance against these rights and its persistence to repress the opposition. Despite President Mubarak’s promises to abolish imprisonment on publishing cases, imprisonment sentences against journalists continue to be issued.
since the end of August 2007, and until the verdict of Issa, the court unfolded several violations, as follows: the lawsuit against Issa was filed by state security officer, which considered as an instigation against journalists and journalism, and the general prosecutor confusion, whether to hand the case over to state security court of emergency or to ordinary misdemeanors court, which resulted in an executable sentence to two months in prison.
The jury did not bother themselves to examine the charges against Issa though hundreds of documents were submitted in this case, but they were only concerned about whether the news published had caused the collapse in the stock market or not, before issuing Issa’s verdict in a gross violation to fair trial principles, as such, journalists are imprisoned for being opponents.
Role of Opponent Journalist in the State Development:
Criticizing the governors by a journalist, yet in exaggerated way should be considered as of his job and is in favor of community. Even totalitarian systems used to name such critics as self-criticism, and nobody is punished for publishing. Just publishing rumors on President Mubarak health, in a question to know the truth of the rumor needs to be answered to make clear that rumors on president's health are unfounded.
The right to knowledge and circulate information undoubtedly include our right to know what are the health issues that the president has, Issa does not deserve to be imprisoned, rather than the one who held the information concealed what caused panic and harmed the public interest and must be punished.
Opposed Journalists imprisonment is unrecorded
The impact of Issa imprisonment for two months is too far from just imprisoning a single journalist, but it represents unrecorded judgment on publishing cases relating to the regime and governors. The sentence is a conscious censorship that restricting journalists from publishing news or shedding light on rumors within the community, the consequences is that journalists will refrain from handling these topics, which will affect the freedom of the press from one side, and our right to knowledge and access to information from the other side.
In this context, a question arises: what are the limits of freedom of publishing? Under the widely interpretable provisions of the Egypt penal code, which criminalize publishing and expression of opinions under pretexts as "public interest", "public order”...etc. versions that have power over Egyptian constitution and international human rights treaties provide freedom of expression on freedom of the press? The imprisonment ruling also question guarantees of protecting journalist against imprisonment orders in Egypt, and what regulate these guarantees? The constitution or international conventions?
While Legal Aid Unit at ANHRI calls for the abolishment of imprisonment for publishing to fulfill president Mubarak promises, and to comply with the Egyptian constitution and international conventions ratified by Egypt and became part of domestic legislation, the unit confirms its support to all those to be charged for crimes of publishing, and support every journalist subjected to violations that restrict his mission.
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