Egypt
19.03.03
Urgent Interventions
Egypt: harsher sentences for twenty-one men in Queen boat case re-trial
Case EGY 280602.1
Arbitrary arrests and incommunicado detention / Torture / Fair trial
Geneva, March 19th, 2003.
The International Secretariat of OMCT has received new information concerning the following situation in Egypt.
New Information
The International Secretariat of OMCT has received information from a reliable source concerning the imposition of harsher sentences on twenty-one men who have faced a re-trial, subsequent to having been arrested and tried as part of the so-called “Queen Boat” case.
According to the information received, as a result of their re-trials, twenty-one of the fifty defendants were found guilty of the “habitual practice of debauchery” by the Qasr al-Nil Court of Misdemeanours on March 5th, 2003. These twenty-one men were reportedly sentenced to three years in prison followed by three years probation. It is worth noting that, following their arrest, these persons were reportedly subjected to torture. In the previous trial these men had mostly received sentences of one to two years. The three-year prison term and three-year probation period is the maximum penalty handed down in relation with this offence.
According to our sources, both the initial trial and the re-trial have contained procedural violations, such as a reported lack of impartiality, making them incompatible with the internationally recognized standards for fair trial. For example, in the re-trial, the lawyers for the defence were reportedly not allowed to present their case. The judge presented his verdict without allowing the defence attorneys to present oral arguments or to submit briefs in writing. The judge’s decision was also reportedly given without hearing any testimonies from witnesses.
The International Secretariat of OMCT is gravely concerned by the decision of the judge to impose harsher sentences upon the 21 defendants, and the unfair nature of the trial, notably the absence of opportunity of the defence to present its case or to call witnesses. OMCT remains gravely concerned that S. H. F. and M. A. A. D., who were accused of “contempt for religion,” will continue to serve sentences handed out by the Security Court in what OMCT considers to have been an unfair trial. Furthermore, OMCT fears for the physical and psychological integrity of the afore-mentioned men, and fears they may be subjected to torture, as this is common in Egypt concerning alleged homosexuals. More generally, OMCT condemns the Egyptian’s Authorities continuing harassment of alleged homosexual persons, which has led to further arbitrary arrests and detentions since the trial in November 2001 of the “Cairo 52.”
Brief description of the situation
According to the information received, 52 men were arrested in Cairo following a police raid at the Queen Boat discotheque on the night of May 10th, 2001 and during a series of arbitrary arrests carried out during subsequent days. The defendants’ lawyers claimed that several procedural violations had occurred during these arrests, since the men, who were kept in detention until the date of the trial and were allegedly subjected to torture during this time, had been arbitrarily arrested and that the charges against them had been fabricated by reportedly ambitious and over-zealous vice-squad officers. The State-controlled media also attempted to discredit the 52 men by publishing their names and accusing them of being perverts, blasphemers and traitors.
According to the information received, 23 of the defendants were sentenced to one to five years of hard labour, of which 21 were convicted for the “habitual practice of debauchery” under article 9(c) of Law 10/1961 (on the Combat of Prostitution), while M. A. A. D. was found guilty of “contempt for religion” under Article 98f of the Penal Code, and S. H. F., who was charged under both of these articles, received the longest sentence – five years of hard labour – having been deemed to be the “ringleader”.
According to the information received, the 52 men were tried at the Emergency State Security Court, which has been frequently criticized because it does not allow for appeals to be launched and is reportedly only competent for cases of “terrorism” and threats to the State. The President of Egypt stated that the 50 men had been accused of “habitual practice of debauchery”, a charge that is not justified under the mandate of the court. The cases against the 50 men were sent to the prosecutors, and the men were then scheduled to face re-trials before the Qasr-al-Nil Court of Misdemeanours beginning on July 2nd, 2002.
Action requested
Please write to the authorities in Egypt urging them to:
i. guarantee the physical and psychological integrity of the 21 persons involved in the “Queen boat” case who have just received sentences as well of S. H. F. and M. A. A. D., who received sentences as a result of the previous trial;
ii. order their immediate release in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times, in line with the internationally recognised standards for fair trial;
iii. order a thorough and impartial investigation into the circumstances of these events, notably the allegations of procedural violations and the use of torture, in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
iv. put an immediate end to the persecution and harassment of the above-mentioned persons, and more generally of all alleged homosexual persons;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· H.E. President Mohammad Hosni Mubarak, Abedine Palace, Cairo, Egypt, Email : Webmaster@presidency.gov.eg
· H.E. Faruq Sayf al-Nasr, Minister of Justice, Ministry of Justice, Midan Lazoghly, Cairo, Egypt, Fax: +202 795 8103, E-mail: mojeb@idsc.gov.eg
· H.E. General Habib Ibrahim El Adly, Minister of the Interior, Al – Sheik Rihan Street, Bab al-Louk, Cairo, Egypt, Fax: + 202 579 2031, e-mail: moi@idsc.gov.eg.
Please also write to the embassies of Egypt in your respective country.
Geneva, March 19th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary arrests and incommunicado detention / Torture / Fair trial
Geneva, March 19th, 2003.
The International Secretariat of OMCT has received new information concerning the following situation in Egypt.
New Information
The International Secretariat of OMCT has received information from a reliable source concerning the imposition of harsher sentences on twenty-one men who have faced a re-trial, subsequent to having been arrested and tried as part of the so-called “Queen Boat” case.
According to the information received, as a result of their re-trials, twenty-one of the fifty defendants were found guilty of the “habitual practice of debauchery” by the Qasr al-Nil Court of Misdemeanours on March 5th, 2003. These twenty-one men were reportedly sentenced to three years in prison followed by three years probation. It is worth noting that, following their arrest, these persons were reportedly subjected to torture. In the previous trial these men had mostly received sentences of one to two years. The three-year prison term and three-year probation period is the maximum penalty handed down in relation with this offence.
According to our sources, both the initial trial and the re-trial have contained procedural violations, such as a reported lack of impartiality, making them incompatible with the internationally recognized standards for fair trial. For example, in the re-trial, the lawyers for the defence were reportedly not allowed to present their case. The judge presented his verdict without allowing the defence attorneys to present oral arguments or to submit briefs in writing. The judge’s decision was also reportedly given without hearing any testimonies from witnesses.
The International Secretariat of OMCT is gravely concerned by the decision of the judge to impose harsher sentences upon the 21 defendants, and the unfair nature of the trial, notably the absence of opportunity of the defence to present its case or to call witnesses. OMCT remains gravely concerned that S. H. F. and M. A. A. D., who were accused of “contempt for religion,” will continue to serve sentences handed out by the Security Court in what OMCT considers to have been an unfair trial. Furthermore, OMCT fears for the physical and psychological integrity of the afore-mentioned men, and fears they may be subjected to torture, as this is common in Egypt concerning alleged homosexuals. More generally, OMCT condemns the Egyptian’s Authorities continuing harassment of alleged homosexual persons, which has led to further arbitrary arrests and detentions since the trial in November 2001 of the “Cairo 52.”
Brief description of the situation
According to the information received, 52 men were arrested in Cairo following a police raid at the Queen Boat discotheque on the night of May 10th, 2001 and during a series of arbitrary arrests carried out during subsequent days. The defendants’ lawyers claimed that several procedural violations had occurred during these arrests, since the men, who were kept in detention until the date of the trial and were allegedly subjected to torture during this time, had been arbitrarily arrested and that the charges against them had been fabricated by reportedly ambitious and over-zealous vice-squad officers. The State-controlled media also attempted to discredit the 52 men by publishing their names and accusing them of being perverts, blasphemers and traitors.
According to the information received, 23 of the defendants were sentenced to one to five years of hard labour, of which 21 were convicted for the “habitual practice of debauchery” under article 9(c) of Law 10/1961 (on the Combat of Prostitution), while M. A. A. D. was found guilty of “contempt for religion” under Article 98f of the Penal Code, and S. H. F., who was charged under both of these articles, received the longest sentence – five years of hard labour – having been deemed to be the “ringleader”.
According to the information received, the 52 men were tried at the Emergency State Security Court, which has been frequently criticized because it does not allow for appeals to be launched and is reportedly only competent for cases of “terrorism” and threats to the State. The President of Egypt stated that the 50 men had been accused of “habitual practice of debauchery”, a charge that is not justified under the mandate of the court. The cases against the 50 men were sent to the prosecutors, and the men were then scheduled to face re-trials before the Qasr-al-Nil Court of Misdemeanours beginning on July 2nd, 2002.
Action requested
Please write to the authorities in Egypt urging them to:
i. guarantee the physical and psychological integrity of the 21 persons involved in the “Queen boat” case who have just received sentences as well of S. H. F. and M. A. A. D., who received sentences as a result of the previous trial;
ii. order their immediate release in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times, in line with the internationally recognised standards for fair trial;
iii. order a thorough and impartial investigation into the circumstances of these events, notably the allegations of procedural violations and the use of torture, in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
iv. put an immediate end to the persecution and harassment of the above-mentioned persons, and more generally of all alleged homosexual persons;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· H.E. President Mohammad Hosni Mubarak, Abedine Palace, Cairo, Egypt, Email : Webmaster@presidency.gov.eg
· H.E. Faruq Sayf al-Nasr, Minister of Justice, Ministry of Justice, Midan Lazoghly, Cairo, Egypt, Fax: +202 795 8103, E-mail: mojeb@idsc.gov.eg
· H.E. General Habib Ibrahim El Adly, Minister of the Interior, Al – Sheik Rihan Street, Bab al-Louk, Cairo, Egypt, Fax: + 202 579 2031, e-mail: moi@idsc.gov.eg.
Please also write to the embassies of Egypt in your respective country.
Geneva, March 19th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.