27 Dec. 2001 - 2 Jan. 2002
Issue No.566
|
Al-Ahram Weekly Online 27 Dec. 2001 - 2 Jan. 2002 Issue No.566 |
||
| Published in Cairo by AL-AHRAM established in 1875 | Current issue | Previous issue | Site map | ||
More to come
Egypt's highest court adjourned a decision on overturning the seven-year prison sentence of human rights activist Saadeddin Ibrahim, reports Khaled Dawoud
Family and supporters of jailed human rights activist Saadeddin Ibrahim remain hopeful that the country's highest court, the Court of Cassation, will still overturn Ibrahim's seven-year prison term, despite a decision last week to adjourn the case until 16 January.
As the country's most prestigious court, the Court of Cassation is also the last hope for convicts to overturn their sentences. The court's panel is made up of seven judges -- not just three, as is the case in ordinary criminal courts. Defendants making an appeal to the court do not attend the session, and their lawyers do not usually make an oral presentation, handing in written legal memos only. The sessions are held at the historic building of Dar Al-Qadaa Al-'Ali, in downtown Cairo, in high-ceilinged courtrooms with elaborate plaster moulding.
Due to the prominence of Ibrahim's case, Chief Judge Fathi Khalifa allowed Ibrahim's lawyers to present their case for over four hours -- a move that the judges admit is rare. Ibrahim Saleh, who heads Ibrahim's defence team, asked the court to overturn the earlier sentence and order a retrial by a different panel of judges. In his presentation, Saleh repeatedly emphasised that the prosecution office at the Court of Cassation, which provides an advisory opinion to the judges whether to accept or reject appeals, has backed the reasons he offered to overturn Ibrahim's ruling. Saleh told reporters that if the Court of Cassation accepted the appeal, Ibrahim and other defendants convicted in the case would be released from prison until a new trial takes place.
Saleh also presented documents to the court showing that Ibrahim, 63, is in need of medical care and that his health condition was deteriorating due to his imprisonment. He added that recent medical tests show that Ibrahim has a degenerative neurological condition similar to cerebral strokes. The exact cause is undetermined, but his walking and the use of his hands are impaired. He has fallen twice in prison, once seriously spraining an ankle. On the first day of the Eid on 16 December, he fell again and gashed his face, requiring medical attention.
The memo backing Ibrahim's request to overturn the ruling presented by the Court of Cassation's prosecution office contends that the lower court ignored claims made by one of the convicts, Khaled Fayad, that "confessions" he made condemning Ibrahim were a result of "coercion and pressure." The memo adds that the state security court did not consider many documents and testimonies presented by Ibrahim's lawyers that could have altered its ruling.
In late May a state security court sentenced Ibrahim, also a sociology professor at the American University in Cairo and director of the Ibn Khaldoun Centre for Developmental Studies, along with 27 associates, to prison terms ranging between one and seven years. Ibrahim was convicted of violating military decree No. 4, issued in 1992, which bans individuals from receiving funds from abroad without government permission. Ibrahim received nearly $250,000 from the European Union to fund a project aimed at encouraging Egyptians to take part in parliament elections that took place last year. He was also active in organising a local, independent group to monitor the elections and report on alleged violations. Two defendants tried in the same case were sentenced to five years and five to two years. The rest were given a suspended one-year prison term.
Aside from being an Egyptian citizen, Ibrahim holds US nationality, which has prompted claims in opposition newspapers that Washington is exerting pressure on the government to assure Ibrahim's release. Yet, throughout his trial, Ibrahim insisted that he was tried as an Egyptian and that he did not ask outside countries to intervene on his behalf. Ibrahim was also accused of issuing statements on election rigging in Egypt, as well as statements on the treatment of Copts and human rights, which allegedly "harmed Egypt's reputation abroad."
Ibrahim says the money he received from the European Union was similar to many other grants the Ibn Khaldoun Centre received over the past 12 years to promote issues like democracy and human rights. The EU has also issued several statements confirming that they were satisfied with the way Ibrahim made use of their money and repeatedly praised his activity in the field of human rights. But the state security court was apparently not convinced and issued what local and international human rights groups described as a harsh sentence.
Given Ibrahim's strong ties to academic and official circles in Arab countries, Europe and the United States, the courtroom was packed since early morning on 19 December with European and US diplomats, journalists and supporters. The atmosphere was generally positive until the judges finally emerged after more than two hours of deliberations to announce that the case would be adjourned until 16 January.
For Ibrahim's supporters and family members, this meant that he would have to stay for one more month in prison awaiting a final decision on his case. "We thought it was going to be straightforward today," said Barbara Ibrahim, his wife. "The memo presented by the prosecution office at the Court of Cassation and the arguments made by his lawyers all made us think that it was going to be simple for us," she added.
She said, however, that she was determined and would not lose hope. "I am not going to give up and I refuse to give up. I am certain that this is what Saad wants, too," Mrs Ibrahim told Al- Ahram Weekly. Knowing the sensitivity of her husband's case and the government's determination to show that it does not submit to outside pressure, Mrs Ibrahim spoke in a compromising tone. "This is an important case, and it might take long to make a final decision," she said. "But I am sure Saad is strong and can wait one more month."
The US-based Human Rights Watch also issued a statement last week asking the Egyptian authorities to release Ibrahim and his colleagues "immediately and unconditionally."
© Copyright Al-Ahram Weekly. All rights reserved
 |
|
|||||||||||||||||
| ARCHIVES Letter from the Editor Editorial Board Subscription Advertise! |
WEEKLY ONLINE: www.ahram.org.eg/weekly Updated every Saturday at 11.00 GMT, 2pm local time weeklyweb@ahram.org.eg |
 Al-Ahram Organisation |
Recommend this page