Direct lawsuits break down freedom of opinion and expression in Egypt

Following the arrest and trial of novelist Magdy El-Shafei on grounds of ‘publishing and distributing publications incompatible with public morals’, the is calling for the Egyptian government to drop the charges against the writer, which violate the freedom of opinion and expression, and to amend the existing criminal legislation to ensure the practice of freedom of opinion and expression.

The Arab Program of Human Rights Activists is following up the case of the novelist Magdy El-Shafei who was arrested by the Egyptian security forces and whose trial in the Kasr el Niel misdemeanor court was scheduled for 4 April 2009.The writer was accused of ‘publishing and distributing publications incompatible with public morals‘. If found guilty of these charges, the writer would face the penalty of not less than two years in prison, under articles 178, 178 bis and 198 of the Egyptian penalties law.

The case started in April 2008 when the vice police forced entry into the Features ‘Malameh’ publishing house and confiscated all the copies of the novel Al Metro (The Subway), which is the first Egyptian graphic novel. In the meantime, the security forces broke into many other libraries and confiscated the novel as well.

Moreover, later, one of the lawyers belonging to the ruling party filed a lawsuit against the novelist Magdy El-Shafei, accusing him of authoring publications contrary to public morals, a charge which he is being tried for.

The Arab Program of Human Rights Activists condemns maintaining the so-called direct ‘popularis’ cases to hunt down intellectuals and to abort the opinion of novelists, writers and journalists. The program confirms that the freedom of opinion and expression guaranteed under the Egyptian constitution and under article 19 of the International Convention on Civil and Political Rights have become illusory freedom in Egypt, that vanished out on the hands of authorities and security forces day after day, as well as legislation which distorted the true essence of freedom. In addition, the prosecution of such cases is pursued by some members of the ruling party to terrorise all the voices that are trying to express their views on the political and human rights situation in Egypt.

Therefore, the Arab Program declares its complete solidarity with the writer and calls on the Egyptian government to do the following:

1. Drop the charge against the author Magdi El-Shafei as it is a flagrant violation of the freedom of opinion and expression.
2. Amend the existing criminal legislation to ensure the practice of freedom of opinion and expression and the abolition of the direct ‘popularis’ issues.
3. Respect the international conventions, which have already been approved and thus become, under Article 151 of the constitution, a part of the Egyptian legislation.

Meanwhile, the program appeals to all Arab, local and International institutions to unite in solidarity with Magdy El-Shafei, and all journalists who are pursued by the government because of their views.

For more information please contact:

Arab Program of Human Rights Activists
Osama El Sadik St
8th district
Building no.10,7th floor, Flat no.16
Nasr City
Cairo
Egypt
Tel : 0222753975-85
Fax: 0222878773
[email]aphra@aphra.org