emergency laws

Criminal injustice in Egypt

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By Khaled Diab

Egyptian police and a decades-old emergency law stand in the dock of public opinion following a young man's alleged murder.

6 July 2010

The 'before' and 'after' shots looked like the makeover from hell. Before, we have a clean-cut young man who appears to be rather reserved and perhaps even somewhat shy. After, his once-youthful and pleasant face looks up with dead eyes, disfigured beyond recognition. It looks like it has caved in on itself, particularly around the mouth and jaw.

The cause of his death? It depends on whose side of the story you believe. According to eye-witnesses and Khaled Said's family, the 28-year-old Alexandrian was dragged out of an internet cafe and brutally beaten to death.

According to the official story, as outlined in two coroner's reports, he died of asphyxiation caused by his attempt to swallow a packet of 'bungo' (a form of marijuana), presumably out of fear of being caught in possession. The post-mortem did concede that the young man had injuries resulting from a "collision with solid objects", but claimed that these had not led to his death.

With public distrust of the police almost universal, the Egyptian public – not to mention human rights groups – are highly sceptical of the investigation's findings. Why? Well, the evidence doesn't really add up and the government has got form when it comes to covering up police brutality, which human rights groups say is "systematic" and "endemic".

Many see this as a blatant attempt to posthumously tarnish the good name of a law-abiding young man – who was also reportedly apolitical – to mask the ugly handiwork of the regime's iron fist.

But if Said was not a political activist nor a criminal, why was he attacked by police in the first place?

The original theory doing the rounds was that he had objected to a heavy-handed police raid of the internet cafe and this provoked the fragile egos of the two plain-clothed officers. His family allege that this was retribution for his posting online of a video, which appears to show police officers dividing up the spoils of a drugs haul.

Since the dead can't protest, hundreds of thousands of Egyptians have refused to be cowed or intimidated into silence and have taken up Said's cause. A Facebook campaign set up to keep his memory alive and to seek justice for the young "martyr" has attracted nearly a quarter of a million members in Arabic and 25,000 in English.

And, unlike some earlier campaigns that did not venture far beyond cyberspace, this one has spilled out onto the Egyptian streets. In addition to the hundreds who attended Said's funeral, "flash mobs" have organised a number of successful protests. One of the most poignant was when thousands of people stood in a long chain along Alexandria's seafront – spaced five metres apart, in part to get around Egypt's draconian emergency law, which bans mass public assemblies – and stood silently or read their Qur'ans and Bibles.

In fact, silence has been the by-word. As one Egyptian commented on Facebook: "If speaking up only brings more violence, then silence will have to articulate our grief."

Last Friday, large protests took place in a number of major Egyptian cities, with opposition figurehead and the main challenger to President Hosni Mubarak in next year's elections, Mohamed ElBaradei, the former IAEA chief, joining the Alexandria sit-in.

Despite this concerted show of public anger, the two officers allegedly behind Said's death remain on active duty.

"The nation is on the verge of social explosion, and amid all this, you'd expect the regime to act very cautiously regarding issues of political freedom and human rights to contain public anger, but they are just doing the exact opposite," my brother, Osama, tells me in disbelief. "It feels bad to be ruled by authoritarianism, but it feels even worse to be ruled by stupid authoritarianism that is unable to think before it acts."

Although Said's death is a huge tragedy for his family, if it helps to ram the final nail in the coffin of Egypt's emergency law, then this tragedy will not have been in vain. Three decades old, this draconian legislation has hung over the heads of Said's generation their entire lives and has effectively transformed Egypt into a police state.

The unconstitutional emergency law, which activists have been trying to reverse and repeal for years, grants the police and security services so much discretionary power that it has led to torture and even murder, with few perpetrators brought to justice. The Egyptian Organisation for Human Rights documented 46 torture cases and 17 cases of death between June 2008 to February 2009 alone.

"Under the state of emergency, the power of security forces has become absolute. It has become a hegemonic force in the country, even judicially," says Bahey Eddin Hassan, general director of the Cairo Institute for Human Rights Studies. "Without a real balance of power, you do not have the rule of law and judicial independence. Without real balance, you lose the voice of the people."

This column appeared in the Guardian newspaper's Comment is Free section on 12 May 2010. Read the full discussion here.

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The fast and the furious

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By Osama Diab

Police in Egypt are using Ramadan to target secularists. The government must do more to protect individual liberty.

16 September 2009

Over the last week, several blogs have included reports about the Egyptian police arresting people for eating and smoking publicly during the day in Ramadan, when Muslims are supposed to be fasting. At first I thought this might just be the action of a few individual officers or – since the blogs did not cite a source – perhaps it was nothing more than a rumour. I was shocked to discover that not only was it true, but it was also actually a campaign sponsored by Egypt's interior ministry.

A judicial source in the attorney general's office told the al-Shorouk newspaper that eating in public in Ramadan is elet adab (lack of decency), and added that the interior ministry issued a decree several years ago that gave police officers the right to arrest and fine anyone found eating publicly during Ramadan. Newspaper reports suggest that police have arrested more than 155 people, mainly in the tourist city of Aswan.

The interior ministry has defended the campaign and its spokesman, general Hamdy Abdel-Karim, hit back at criticisms from human rights organisations saying: "They should learn to have some measure of decency. In the past, Egyptians used to be decent. I hope they return to it."

The increasing popularity of Islamist groups such as the Muslim Brotherhood has forced the government to adopt a more righteous stance. The regime is keen to prove it is as pious as the Brotherhood, but, in a nation that was named by Gallup as the most religious country on the planet, the campaign is also an attempt to contain public discontent over some of the government's secular practices.

More importantly, the comments on the al-Shorouk newspaper's website all supported the police's actions. Part of the shock is that al-Shorouk is a progressive newspaper, attracting some of Egypt's most prominent liberal writers such as Alaa el-Aswany, the author of the controversial bestselling novel The Yacoubian Building, which bravely tackled many of Egypt's taboos such as homosexuality, police brutality and Islamic extremism. I scanned all the comments for anyone who believes that the decision to fast is an individual's personal choice, and not something the one should be punished for, but to no avail.

Putting the political goals of this action aside, the support it received shows a great deal of religious insecurity. Many god-fearing people still believe that if laws don't enforce religious practice, at least publicly, things might get out of control and it might become commonplace to see people eating or smoking during a Ramadan day.

Such campaigns encourage people to indulge behind closed doors, which leads to the creation of more taboos and promotes hypocrisy in the society. President Barack Obama said in his Cairo speech last June that "suppressing ideas won't make them go away". Similarly, criminalising fast-breaking during Ramadan won't make violators stop doing it.

Religious groups seem reluctant to engage in open debate, but rather resort to force to get their ideas through. They should accept the fact that in Egypt there are people who prefer not to fast, who are also citizens of this country and have an equal right to practise their religious (or non-religious) credos freely.

This incident also provides evidence that the Egyptian police force continues to act as little more than a political tool in the regime's hand rather than acting as a law enforcement authority to protect people's freedoms, regardless of the political atmosphere of the time.

In the face of pressure from religious groups who are using their political capital to fight for yet more measures to 'protect' religious values, the government should remember that human rights and individual liberty are also values that need protection.

This column appeared in The Guardian Unlimited’s Comment is Free section on 16 September 2009. Read the related discussion. Reprinted here with the author's permission. © Osama Diab. All rights reserved.

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