Postponing El Ibrashi’s case until 19th of September

July 18th, 2010 by Editor

The case of Wael El Ibrashi, editor-in-chief  of Sout El Oma newspaper was postpone by Giza Criminal Court  to session 19/9/2010. Lawyers called upon postponing the case  as a result of the unconstitutionality of article 177 of the Penal Code and to get the record of People’s Assembly which concerns with the discussion of the new law of real estate tax,  to hear  the testimony of some of the members of People’s Assembly on the law subject of discussion and to prepare a memorandum stating the unconstitutionality of article 177.

Mr. Hafez Abu Seada, chairman of EOHR, confirmed the unconstitutionality of article 177 of the Penal Code which states that” Everyone incite  to disobey laws or did something consider felon or misdemeanor according to the law, he is sentenced to a period not exceed five years imprisonment”. He clarified that criticizing the law considers as expressing about opinion. It’s a legal right and guaranteed to everyone in accordance with the Constitution and the international covenants concern with human rights(1) which became  part and parcel from its internal law according to article 151 of the Constitution.

Abu Seada confirmed that the right to criticism is based on an important constitutional provision. Article 47 of the constitution which state that “Freedom of opinion is guaranteed. Every individual has the right to express his opinion and to publicize it verbally or in writing or by photography or by other means within the limits of the law. Self-criticism and constructive criticism is the guarantee for the safety of the national structure”.

Abu Seada called the Egyptian government for not taking the law on silencing writers,  journalists and  intellectuals, and fulfill its commitments to the voluntary pledges before UN Human Rights Council in Geneva with respecting freedom of opinion and expression and the freedom of the press and to abandon its policy of gagging, and the abolition of imprisonment sanction in the publishing crimes  that the president had promised to abolish in February 2004, in order to promote the freedom of the press and media and only satisfy with fine sanctions with setting a maximum limit for these  fines,  especially for those who harmed from publishing the right to reply in the same newspaper and the  civil right prosecution for appropriate compensation before a civil court.

Abu Seada called for revising all legislations related to 
 freedom of expression, publishing, printing distributed in several laws, including the Press Law and Penal Code ,…. etc ,  with the importance of enactment of a bill for freedom of information that reflects the international standards for democratic societies. 

The facts of the case go back when Dr.  Youssef Boutros Ghali, Minister of Finance, submitted a report No.  29 registered under No. 35 – 2010 against Wael El Ibrashi and Mrs. Samar El dowe because of what was published in issue No. 474 dated January 9, 2010 in the newspaper Sawt Al-Umma in the first page and the second pages and issue No. 476 in 13 January  2010 in the same newspaper with  launching a campaign against the law of real estate taxes.

1) the provision of the Universal Declaration of Human Rights in article 19 of freedom of opinion and expression” everyone has the right of opinion and expression, this right includes freedom to hold opinions with interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”. International covenant on civil and political rights in 1996 in article 19 which states” Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice”.

   The International Covenant on Civil and Political Rights in 1996 in article 19 states that” Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice”.

This entry was posted on Sunday, July 18th, 2010 at 9:00 am and is filed under Statements. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.

Comments are closed.