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**http://weekly.ahram.org.eg/2006/784/fr3.htm


Publish and be... jailed
Jailan Halawi reports on the latest stand-off between Egyptian journalists and 
the state 


On 23 February 2004 President Hosni Mubarak promised the chairman of the Press 
Syndicate, Galal Aref, that the 1996 law that allowed custodial sentences to be 
imposed for publishing offences would be repealed. 

Exactly two years on -- on 23 February 2006 -- and journalists received a rude 
reminder that the promise has yet to materialise, when a Cairo court sentenced 
Abdel-Nasser El-Zuhairi, a journalist with the independent daily Al-Masri 
Al-Youm, to one year in jail. He -- and two co-defendants -- were also ordered 
to pay LE10,000 in damages. 

"My promise is still on, yet drafting a comprehensive [press] law that 
satisfies all parties, necessitates more time for study," Mubarak said on 
Tuesday, in statements made to the chief editors on his way back from his tour 
in the Gulf states.

The three journalists were accused of libeling former Minister of Housing 
Mohamed Ibrahim Suleiman in a story that appeared in August 2004. The three 
received one-year jail sentences last April but were granted a retrial since 
the earlier judgment had been passed in absentia. 

The new ruling sets journalists back on a collision course with the government, 
and not for the first time. Between 1995 and 1996 the Press Syndicate held no 
fewer than 10 general assemblies and eventually succeeded in having Law 93 for 
the year 1995, which included many vague provisions restricting press freedom, 
amended. 

Following the judgment journalists vowed to unite and press for the abolition 
of the law that allows for custodial sentences, and the eventual annulment of 
El-Zuhairi's prison term, to which end Al-Masri Al-Youm has launched a campaign 
in coordination with the Press Syndicate. 

Meanwhile, El-Zuhairi's defence team will contest the ruling before the Court 
of Cassation and the syndicate has already submitted an appeal to the 
prosecutor-general's office to suspend the sentence. Attempts are ongoing to 
effect a reconciliation between Suleiman and the 37 newspapers against which he 
has filed lawsuits which, if successful, will provide enough grounds for the 
prosecutor to suspend the sentence until the Court of Cassation rules. 

During a meeting held on 25 February at the headquarters of the Nasserist 
Party's weekly organ Al-Arabi, more than a dozen editors-in-chief agreed to 
form a steering committee to coordinate the campaign against the present law 
and to lobby the People's Assembly to pass a new law, a draft of which, 
presented by the syndicate, still lingers in the corridors of the parliament.

The Press Syndicate has called for a general assembly to be held tomorrow to 
discuss the matter and take necessary protest actions. And on Saturday Aref has 
invited all chief editors, senior writers, journalist MPs and colleagues from 
other unions to meet at the syndicate's headquarters to discuss the campaign. 

"The issue is grave," said Aref. "Inevitably it leaves a question mark over the 
integrity of government calls for reform, and its seriousness in abolishing a 
law that allows journalists to be jailed for what they write." 

In a statement to the Middle East News Agency, Minister of Information Anas 
El-Fiqi said the president's promise still holds and that a draft law is ready 
to be presented to the People's Assembly during its current session. El-Fiqi 
further conveyed President Mubarak's commitment to safeguarding freedom of 
expression "which the president cherishes as the cornerstone of democracy".

Journalists are sceptical: "The situation is confusing," says Aref. "The 
failure to make good the promise leads to suspicions that corrupt members of 
government are dragging their feet about the law being repealed." 

In an interview with Al-Ahram Weekly, Magdy El-Gallad, editor-in-chief of 
Al-Masry Al-Youm, voiced similar concerns. He noted that the margin of freedom 
allowed the press during last year's presidential and parliamentary elections 
is narrowing. Within the space of less than two weeks, he said, several chief 
editors have been summoned for questioning by the prosecutor-general on 
different occasions and for numerous reasons, "sending a clear message to the 
press that the government won't tolerate criticism anymore".

El-Gallad believes the state is increasingly worried that journalists will 
expose practices it would prefer to keep under wraps and is unwilling for many 
issues -- privitisation, the liberalisation of the economy and evidence of 
corruption among them -- to be scrutinised closely. 

"The saga of the regime versus the press continues, and it [the regime] had to 
silence the press by using its oppressive arm," said El-Gallad.

Both Aref and El-Gallad are confident that journalists are capable of seeing 
the confrontation through. "We are seeking complete freedom, not one with 
chains. Freedom cannot be conditional on anyone's whims," said Aref.

The majority of journalists interviewed by Al-Ahram Weekly expressed anger at 
El-Zuhairi's prison sentence. In the words of one: "We all need to unite to 
make our position clear to the government and the public. To the government we 
say we won't succumb to your pressures and tyrannical methods aimed at 
preventing us from unveiling corruption. And to the public we say: take note of 
our struggle and that we are being jailed for defending your legitimate right 
to know." 

The syndicate's main demand centres on abolishing jail sentences and replacing 
them with monetary fines. In order to safeguard its independence, the Press 
Syndicate proposes that journalists who publish offences should be tried before 
a syndicate disciplinary commitee and in accordance with their profession's 
code of ethics. 

In a related development, the New York-based Committee to Protect Journalists 
(CPJ) sent an open letter to President Mubarak: "The hopes spawned... have 
gradually given way to disappointment. Not only is your pledge unfulfilled but 
during this period journalists were sentenced to prison, harassed and assaulted 
for doing their job." 

CPJ Executive Director Ann Cooper said the sentence "is a reminder that Egypt 
is a long way from recognising some of the most basic international standards 
for a free press... journalists should never be jailed for what they write."


[Non-text portions of this message have been removed]



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