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AAAS Human Rights Action Network

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FACTS OF THE CASE:

Egypt's Court of Cassation in Cairo has again sentenced Dr. Saad Eddin Ibrahim to a seven year prison term. Dr. Ibrahim, a sociology professor at the American University in Cairo and founder and director of the Ibn Khaldun Center for Development Studies, was first sentenced over a year ago after being accused of deliberately disseminating false information and malicious rumors about the internal affairs of the State, and harming the image of the State abroad. The first ruling was set aside in February 2002 after Egypt's highest appeals court found the original court's decision to be flawed on six counts. The retrial began in April 2002.

Dr. Ibrahim was originally convicted in May 2001 of illegally accepting funds from the European Union, designated for a pro-democracy documentary that detailed corruption in Egypt's voting practices. European Union officials have issued an affidavit stating it did not believe its grants were misused by Ibrahim's Ibn Khaldun Center. One of the main defendants, Khaled Fayad, also on trial for charges similar to Dr. Ibrahim's, said he was forced during his imprisonment to falsely accuse Ibrahim of embezzlement.

The retrial concluded on 29 July 2002, when Judge Adel Abdel-Salam Gomaa read Dr. Ibrahim's sentence but did not state the counts on which he was found guilty. Organizations such as Human Rights Watch and Amnesty International have condemned the verdict, stating the sentence appears to be politically motivated, serving as a warning to other human rights activists and to silence dissent. The United States has also been monitoring the case closely because Dr. Ibrahim holds both U.S. and Egyptian citizenship. Gordon Gray, head of the U.S. Embassy in Cairo, issued a statement expressing disappointment at the verdict and reiterating misgivings about the fairness of the judicial process.

The defense team was only permitted to challenge procedural points during the retrial and not points of substance. Dr. Ibrahim's lawyers were not given adequate time to prepare their defense and did not have access to key documents from the Ibn Khaldun Center, which has been closed since June 2000. Dr. Ibrahim asked to make a statement after his lawyers wrapped up their defense, but the judge told him to submit a written memorandum. Judge Gomaa sentenced Dr. Ibrahim the following day, without reading the statement. The timing of the sentence was surprising, according to Dr. Ibrahim's wife, Barbara. She said that the day before the sentencing, the judge stated that he would need several weeks to review all the defense documents.

Dr. Ibrahim kept his composure as the sentence was read, but was heard to say, "This is a rush judgment," immediately afterwards. His lawyers will have to wait until Judge Gomaa produces a detailed judgment before they can appeal the verdict. If a third trial is granted, according to Egyptian law, an appeal against this second verdict can be mounted on the substance of the case as well as on points of law.

Mrs. Ibrahim and their children fear for Dr. Ibrahim's health while in prison. Dr. Ibrahim suffers from a neurological disorder that prevents sufficient amounts of oxygen from reaching his brain. He uses a ventilator and must have access to constant medical care. Judge Gomaa failed to address appeals to lift the travel ban on Dr. Ibrahim, preventing him from seeking medical treatment outside the country.

(Sources of information for this case include: Agence France Presse, Amnesty International, Associated Press, Human Rights Watch, and The Guardian.)

RELEVANT HUMAN RIGHTS STANDARDS

International Covenant on Civil and Political Rights

• Article 19(1): Everyone shall have the right to hold opinions without interference.

The Human Rights Defenders Declaration

• Article 6(a): Everyone has the right, individually and in association with others: To know, seek, obtain, receive and hold information about all human rights and fundamental freedoms, including having access to information as to how those rights and freedoms are given effect in domestic legislative, judicial or administrative systems.
• Article 6(b): Everyone has the right, individually and in association with others: As provided for in human rights and other applicable international instruments, freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms;
• Article 6(c): Everyone has the right, individually and in association with others: To study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters.

RECOMMENDED ACTION:

Please send faxes, letters, or emails:

• Expressing your concern that during the second trial Dr. Saad Eddin Ibrahim was again persecuted solely for exercising his right to freedom of expression;
• Urging the Court of Cassation to review the charges against Dr. Ibrahim;
• Requesting that Dr. Ibrahim be released on humanitarian grounds, so that he can travel abroad to seek medical attention; and
• Expressing your continued concern that the charges against Dr. Ibrahim may be a part of a larger attempt by Egyptian authorities to stifle political dissent and to intimidate human rights defenders.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

His Excellency Mohammed Hosni Mubarak
President of the Arab Republic of Egypt
Abdeen Palace
Cairo, EGYPT
Fax: 011 20 2 390 1998
webmaster@presidency.gov.eg
Salutation: Your Excellency

The Honorable Farouk Seif El Nasr
Minister of Justice
Ministry of Justice
Midan Lazoghly
Cairo, EGYPT
Fax: 011 20 2 355 8103
Salutation: Dear Mr. Minister:

COPIES SENT TO:

Ambassador Nabil Fahmy
Ambassador of the Arab Republic of Egypt
The Embassy of the Arab Republic of Egypt
3521 International Ct. NW
Washington,DC 20008
Fax: (202) 244 5131
embassy@egyptembdc.org
Salutation: Dear Mr. Ambassador

The Honorable David Welch
The Ambassador of the United States of America
Embassy of the United States
5 Latin America Street
Garden City
Cairo, EGYPT
Fax: 011 20 2 797 3200
Salutation: Dear Mr. Ambassador

Please send copies of your appeals, and any responses you may receive, or direct any questions you may have to Victoria Baxter, AAAS Science and Human Rights Program, 1200 New York Ave, NW, Washington, DC 20005; tel. 202-326-6797; email vbaxter@aaas.org; or fax 202-289-4950.

The keys to effective appeals are to be courteous and respectful, accurate and precise, impartial in approach, and as specific as possible regarding the alleged violation and the international human rights standards and instruments that apply to the situation. Reference to your scientific organization and professional affiliation is always helpful.

To ensure that appeals are current and credible, please do not continue to write appeals on this case after 90 days from the date of the posting unless an update has been issued.

To verify the contents of this alert and/or the electronic signature, please download the signed file for this alert along with the Program's PGP Public Key.

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