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UPDATE - EGYPT
21 June 2007
Court refuses judge's request to block websites, but allows for their
censorship and prosecution; investigation of blogger suspended
SOURCE: Arabic Network for Human Rights Information (HRinfo), Cairo
**Updates IFEX alerts of 11 May, 5 April and 14 March 2007**
(HRinfo/IFEX) - There have been promising developments in the case against
judge Abdel Fatah Murad, who has filed multiple fabricated charges against
the Hisham Mubarak Law Center and HRinfo, as well as bloggers and human
rights and news websites, report the law center and HRinfo.
The State Commissioner Committee has released a report on the request by
the judge to block 51 human rights and news websites and blogs that
allegedly abused the state's dignity and threatened its interests.
Rejecting the request on the ground that the judge lacked the authority to
invoke such an action, the committee nevertheless accepted the judge's
lawsuits against the targeted institutions, but not those against the
justice and social liability ministers (see:
http://www.openarab.net/issues/2007/issue1 ).
The committee accepted the cooperation between the government and
administrators of websites and blogs, finding that they have a shared
interest in the lawsuit and have authority over their work, but refused the
request by some lawyers to side with the judge, on the ground that they do
not have an interest in the case.
It refused to block the websites, though conceding the government's right
to omit pages that contain insults against the aggrieved party in the case
or his judicial identity.
In response to the report, the court session has been postponed to 8 July
2007.
Meanwhile, police have suspended the investigation on blogger "Amr
Gharbia", charged with defaming Judge Murad. Gharbia, the 2005 winner of
the Best Arabic Blog, awarded by the Deutce Welle organization, is now free
on bail. PC Police declared that Gharbia's blog had merely hosted comments
insulting the judge; as the comments did not come from him, he was absolved
of the charge.
In another related matter, the Alexandria Prosecution Office has taken up
HRinfo Chair Gamal Eid's demand for an investigation into the judge for
violating intellectual property rights. Gamal Eid also called for the
lifting of the judge's immunity, so that he will face a prison term and a
fine, if found guilty.
Gamal Eid is also suing the judge, demanding a compensation of 500,000
pounds (approx. US$ 995,263), for violating intellectual property rights.
The judge had quoted extensively from HRinfo's report on free expression on
the Internet without crediting the source.
"We will be investing in a unit for lawyers to defend freedom of opinion
and expression and intellectual property rights," Gamal Eid said. "The
Arabic Network has decided to start receiving complaints on violations of
intellectual property rights."
The suit will be reviewed in the South Cairo Court of First Instance on 14
July.
A North Cairo court hearing that began on 17 June, on the extortion charge
against Ahmed Seif and Gamal Eid, fabricated by judge Murad, was postponed
upon a demand by the two accused that the Lawyers' Syndicate be informed of
the case before it could proceed further. Gamal Eid's case will resume on
27 June, while Ahmed Seif's will resume on 1 July.
Declaring the promising developments in the case against the judge, HRinfo
and the Hisham Mubarak Law Center said that the one thing that gave them
the strength to face the judge's fabricated cases against many websites and
youth bloggers in Egypt, was that there was no deception on their part.
The case against the judge has changed from that of violating intellectual
property rights to a defense for intellectual property rights and freedom
of opinion and expression.
In addition, HRinfo and Hisham Mubarak Law Center have uncovered many facts
about the case - which they will expose later - that will provide evidence
for the prosecution and conviction of the judge. All that is required now
is a fair and just investigation.
For more information, see:
http://www.hrinfo.net/en/campaigns/2007/pr0426-2.shtml ;
http://www.hrinfo.net/en/reports/2007/pr0618.shtml
For further information contact Gamal Eid, Executive Director, HRinfo,
Apartment 10, No. 5, Street 105, from Midan al Hurriya, al Maadi, Cairo,
Egypt, tel/fax: +202 524 9544, e-mail: info@hrinfo.net,
gamal4eid@yahoo.com, Internet: http://www.hrinfo.net/en
The information contained in this update is the sole responsibility of
HRinfo. In citing this material for broadcast or publication, please credit
HRinfo.
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