Justice in Egypt: My so-called “trial”

The sentencing of Al Jazeera journalists

The sentencing of Al Jazeera journalists today took Michelle Betz back to her own trial.

Just over a year ago I was awoken around 5am in Washington by a call from my Egyptian colleague. “Guilty,” he breathed. “We are all guilty”. I could hear the shock in his voice. I couldn’t yet feel my own shock.

We were defendants in the NGO trial in which 43 people working for four US and one German NGOs were accused of charges including operating without a licence and bringing foreign funds into the country. There were so many ironies about the case, the trial, and the charges; so many outrages; so many injustices. There were many, many parallels with what is happening now with the Al Jazeera journalists.

There was little international noise around our “trial”. And that is the one thing that has been different with the Al Jazeera trial – at least there has been no silence.

At the time I was working with the International Center for Journalists, from Washington DC. Judicial officials didn’t even have my full name, but there I was number 39 on the charge document.

I knew full well one year ago that we would be found guilty despite the multitude of assurances from all corners: the NGOs, the US State Department, the lawyers – all tried to assure us that this was all political (between the US and Egypt) and that this would “all go away”. Of course, logically, this should have all gone away. Just as with the Al Jazeera case, logically, it never should have happened. Logically, we, as they, should have been found innocent.

But dealing with the Egyptian judicial system is anything but logical.

In neither case was there any evidence and in neither trial did the prosecution have any legitimate case. But that was beside the point. They didn’t need evidence. They didn’t need a case. All they needed to do was follow the directive from on high and read the verdict: guilty.

I lived in Egypt for three years and I can never go back. If I did I would be immediately imprisoned.

Some have expressed surprise at the speed with which today’s verdict was rendered asking how the judge could possibly have written his judgment in so short a time. He didn’t. Instead, it’s highly likely that the judgment was already written six months ago. The judge was simply doing what he was told. I too would have worn sunglasses to court today; I too would have dragged my feet getting to work for surely there was some weight on his conscience.

So what now? The Egyptians learned from our case. At least in the NGO case none of us were imprisoned, though Egypt did pursue some of us through Interpol. The one thing the US did was to get all Americans (save one hero, Robert Becker, who refused to leave his Egyptian colleagues facing trial alone) first to the US Embassy in Cairo (where they stayed for days) and then finally flew them out in the middle of the night after some backroom deal was worked out with Egyptian officials.

And the Egyptian establishment has learned from this. They learned not to allow bail to prevent defendants leaving Egypt. They learned that the US (and the international community at large) didn’t care and that there would be no repercussions even if American citizens were convicted and sentenced to five years of hard labor. They learned that even the media didn’t care.

But on that last point they miscalculated – they didn’t realise that there is a tribe of journalism, which does not suffer injustice and attacks on its own. And that is our hope at this point – that we raise our voices, we continue to speak the truth, we continue to point to injustices, including injustices wrought on our tribe. For if we are silenced, then we all face injustice.

Yes, of course there was no evidence and of course the prosecution had no case. And so today we find ourselves one year on watching in horror as three Al Jazeera journalists are convicted and sentenced to 7-10 year prison sentences and those convicted in absentia to an even lengthier sentence (just like those convicted in absentia in the NGO trial, such as myself, who received longer sentences).

And so while my colleagues were shocked by our verdict one year ago, I was not. And if we were found guilty then so too would our Al Jazeera colleagues. There was a message to be sent.

But the convictions should be no surprise. Rule of law in Egypt as always been tough to find but almost any remaining semblance of it disappeared with the coup of 2013.

This article was posted on June 23, 2014 at indexoncensorship.org

Index condemns Egypt’s Al Jazeera verdict

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Index on Censorship condemns the sentencing of three Al Jazeera journalists in Egypt to seven years each in prison. Peter Greste, Mohammed Fahmy and Baher Mohamed were sentenced today to seven years imprisonment under accusations of spreading false news and supporting the Muslim Brotherhood. The journalists were detained on 29 December 2013.

“Today’s verdict is disgraceful,” Index CEO Jodie Ginsberg said. “It tells journalists that simply doing their job is considered a criminal activity in Egypt. We call on the international community to join us in condemning this verdict and ask governments to apply political and financial pressure on a country that is rapidly unwinding recently won freedoms, including freedom of the press. The government of newly elected president Abdel-Fattah el-Sissi must build on the country’s democratic aspirations and halt curbs on the media and the silencing of voices of dissent.”

The court’s decision comes as a severe setback for all journalists currently jailed or prosecuted for doing their job, and reinforces claims of a politicised judiciary in Egypt. Other defendants in the case, who were tried in absentia, got sentenced to 10 years.

Index is deeply concerned at the growing number of imprisoned journalists in Egypt and around the world. At least 14 journalists remain in detention in Egypt and some 200 journalists are in jail across the globe. Many of those arrested in Egypt were reporting on protests following the ousting of Mohamed Morsi or the passing of a controversial anti-protest law.

We reiterate our support to journalists to report freely and safely and call on Egyptian authorities to drop charges against journalists and ensure they are set free from jail. And we ask governments to maintain pressure on Egypt to ensure freedom of expression and other fundamental human rights are protected. Index joined the global #FreeAJStaff campaign along with other human rights, press freedom groups and journalists.

Finding voices: Refugee journalism in Egypt

munzalakIt is still hot in the shade of the palm trees and stuccoed buildings on the American University in Cairo’s (AUC) downtown campus. Groups of refugees sit around on wicker chairs.

Everyone is here to learn about journalism. Munzalak is a new organization that aims to get refugees living in Egypt involved in the media and in command of their own voice. The name translates to “your comfortable place,” like a home from home – the one you were forced to leave.

Every weekend Munzalak hires out a room at AUC. Refugees are invited to come along and learn the basics of journalism for free. Aurora Ellis, a news editor for an international news agency, runs the workshops with aim of producing “articles that deal with refugee issues and with the refugee experience.”

The ultimate aim is to give refugees a space to voice their experiences. A blog on Munzalak’s website publishes pieces written by refugees (with the option of writing under a pseudonym) while training goes on and – organizers hope – more people join.

Similar initiatives have existed. The Refugee Voice was a newspaper based in Tel Aviv run by African asylum seekers and Israelis inside Israel and founded in April 2011, but is no longer published. Radar, a London-based NGO, also trains local populations in areas around the world (including Sierra Leone, Kenya and India) with the aim of connecting isolated communities.

“We’re being given the opportunity to write about our experiences…I can write about my experiences, and interview other refugees about theirs,” says Edward, a Sudanese refugee who arrived in Cairo earlier this year.

“We have several basic problems – in housing, security, education and health.” He quietly tells stories of life in Egypt; harassment and assault in the streets and pervasive racism (even, he says, from some people who are there to help). “We live a separated life. We are here by force only.”

Ultimately, Edward wants to write a history of the Nuba Mountains, the war-torn area straddling the border between Sudan and South Sudan, where he was born in over 25 years ago. Edward carries a notebook with ideas for this book – scribbled notes of a people and culture disappearing; histories of war and exodus. Edward sees his journalism as self-preservation, telling stories that other people don’t want to be told. He most admires Nuba Reports, a non-profit news source staffed by Sudanese reporters, which aims to break reporting black-spots while humanitarian crises and fighting continues on the ground.

Some activists working alongside refugees see initiatives like this as an important way to break the silence.

“Before June 30, refugees were always neglected in the national media. They were only included [the media] if they were being used as scapegoats,” says Saleh Mohamed from the Refugee Solidarity Movement (RSM) in Cairo. Famous examples include right-wing TV host Tawfik Okasha calling for Egyptians to arrest and attack Syrian and Palestinian refugees on sight. Syrians and Palestinians arrested by security forces have been routinely referred to as “terrorists” by the authorities, a narrative often repeated verbatim by pro-regime newspapers. “Now I think the media wants to keep refugees in the shadows and not talk with them,” Mohamed adds. “You never hear about refugees.”

But Munzalak is not without its risks and challenges. Staying independent but still being able to attract funding and support is one thing. Another is security.

Last Sunday 13 Syrians were sentenced to five years in prison after protesting in March 2012 against Bashar al-Assad. They were charged with illegal assembly and “threatening…security [forces] with danger,” something the defendants all denied, according to state-run newspaper Al-Ahram. A UNHCR official last year had told Syrian refugees to stay away from domestic politics – a warning that could feasibly include journalism as well.

Although historically repressive towards journalists during the rule of Hosni Mubarak, the Supreme Council of the Armed Forces (SCAF) and the Muslim Brotherhood’s Mohamed Morsi, Egypt’s media landscape has taken a significant nosedive since the July coup. Several journalists have been killed in the violence; Mayada Ashraf, a young reporter for Al-Dostour became the latest casualty after she was shot in the head during a protest, allegedly by a police sniper; while reporters remain behind bars and on trial for doing their job.

So is it a good idea to get refugees involved?

Mohamed says that street reporting and visibly working as journalists could put refugees – like Edward – “in danger.” Their legal ability to work also depends on what refugee status they have.

“But otherwise they can talk about themselves rather than waiting for journalists to approach them instead…They definitely need a voice.” But for some refugees, other priorities come first.

Jomana is a 20-year-old Syrian refugee and media studies undergraduate, originally from Aleppo. She visited Munzalak once and liked the idea, but is more concerned about getting a job and paying her way than talking about her experiences – which, like so many Syrian refugees in Egypt nowadays, are harsh. Of almost 184,000 refugees living in Egypt, according to mid-2013 figures from the United Nations Refugee Agency (UNHCR), around 130,000 of that number are Syrians.

“I don’t have enough money to continue my studies so I will have to leave,” she explains plainly. Jomana’s home was bombed out during the war and they fled the country with just their passports, arriving in Cairo over two years ago. Eventually her father went back to Aleppo to try and restart his old factory, but returned to find rubble. He came back to Cairo to economic uncertainty, incitement and political instability. “Other people are going back to Syria and dying there. Those that stay [here] aren’t dying from bombing or from fighting…but from hunger.”

Munzalak might help, but for some refugees, not in the most crucial of ways.

“It means I can express my opinion freely,” Jomana says, “but will I get paid for my opinion?”

This article was published on June 20, 2014 at indexoncensorship.org

Egypt: Authorities reveal plans for mass surveillance of social media

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(Image: Essam Sharaf/Wikimedia Commons)

A few months after the adoption of a progressive new constitution guaranteeing freedom of expression and the right to privacy, reported plans by Egyptian authorities for indiscriminate mass surveillance of social media in Egypt have alarmed rights advocates and many within the country’s internet community.

The proposed surveillance plan has also sparked fears that internet activists may be the next targets of the military-backed government’s widening crackdown on dissent.

Defending his ministry’s decision to introduce the new mass monitoring system, Egypt’s Minister of Interior Mohamed Ibrahim was quoted by the semi-official Al Ahram newspaper on Monday as saying that the proposed system was “necessary to combat terrorism and protect national security”. He added it would be “similar to that used in the US or the UK to protect their national security”.

Seeking to allay concerns that the new system would curtail freedom of expression, Ibrahim said: “We do not seek to interfere with citizens’ privacy. The system will merely help us track and identify potential terrorist and criminal threats.”

Ibrahim’s statements came a day after the privately-owned Al Watan newspaper published a leaked call by the ministry of interior for tenders from companies to establish a sophisticated mass surveillance system.

In a statement criticising the proposed mass surveillance plan, Amnesty International said the monitoring of social media “would deal a devastating blow to the rights to privacy and freedom of expression in the country”, adding that “the new surveillance system risks becoming yet another instrument in the Egyptian government’s toolbox of state repression”. Amnesty also urged the Egyptian authorities not to replicate illegal programmes that have been used by other countries to violate the right to privacy. “Any surveillance programmes must comply with the general principles under international law of legality and judicial accountability,” the statement said.

Meanwhile, Egyptian rights groups and internet activists have expressed fears the proposed system would “close down the last remaining space for free expression in Egypt”.

Since the ouster of Islamist president Mohamed Morsi by military-backed protests last summer, the interim authorities have taken measures to tighten the state’s grip on the media. Days after the military takeover of the country, several Islamist-linked media outlets were shut down by the interim government. Security forces ransacked the offices of a Muslim Brotherhood TV channel and the Al Jazeera Mubasher Channel (accused by Egyptians of being pro-Muslim Brotherhood), confiscating their equipment and arresting their journalists.There has since been a marked shift in the tone of both state and state-influenced news media with many journalists now towing the government line either for fear of persecution or of being labelled “unpatriotic.” Several journalists have complained of “harassment” and intimidation” by security agencies. In today’s deeply polarised Egypt, reports of verbal and physical attacks by “patriotic” mobs on journalists trying to cover the conflict, are all too common.

Journalists covering “anti coup” protests have been deliberately targeted by security forces with no fewer than five being shot and killed while covering the unrest. Mayada Ashraf who worked for the privately-owned El Dostour newspaper became the latest journalist-victim of the violence when she was shot in the head in March while covering clashes between security forces and supporters of the ousted Morsi. Meanwhile, 65 journalists have been detained since the military takeover of the country nearly a year ago. There are 17 journalists currently behind bars in Egypt, according to a recent report released by the Committee for the Protection of Journalists. Three Al Jazeera English journalists have been in prison for six months, charged with “aiding a terror group and spreading false news that harms national security.” Despite pleading “not guilty”, their repeated requests to be released on bail have thus far been denied by the prosecutors in the case. A fourth Al Jazeera journalist has been in jail since August 2013 and has to date, not been charged.

Besides detecting any references to terrorism on social media, the controversial new system will also scan social networks for “calls for illegal protests and sit-ins, incitement to violence and defamation of religion,” Abdel Fattah Othman, a spokesman for the ministry of interior said in an interview broadcast Sunday on Al Mehwar Channel. In the absence of a “watch list” determining the topics the ministry intends to censor, many internet users are worried, fearing their electronic communications may be targeted.

Responses by Egyptian internet activists to the ministry’s surveillance plan have teetered between anger and sarcasm. Some Twitter users chose to take the matter lightly, mocking the decision in their tweets. #Wearebeingwatched — created by Twitter activists a week ago in response to the proposed plan — has fast become one of the top trending hashtags in Egypt with more than 50,000 uses within the span of a single week.

“State security agents when are you coming to get me?” Mahmoud El Zanaty a Twitter user jokingly asked, using the hashtag.”You never keep your appointments.”

“I’m free, that is why I’m being watched,” was another sarcastic message posted, by a user going by the twitter handle Doaa. Meanwhile, in a message addressed to the “agent” supposedly watching him, another twitter user wrote: “Farrag, come join me for tea!”

While most rights activists fear the proposed surveillance system may be used as a tool of repression, a few rights advocates have dismissed it as “mere government propaganda”.

“State security agencies have always kept a close watch on social media networks in Egypt,” Rights Lawyer Gamal Eid told Index. He cautioned however, that the ministry’s announcement was meant “to intimidate online activists and silence voices of dissent”.

Over the course of the past three years, several activists have been arrested and prosecuted for the content they have posted on social media networks. Blogger Maikel Nabil was arrested in March, 2011 and later sentenced to 3 years in prison for a Facebook post allegedly insulting the military. He had written: “The army and the people were never one hand.” He spent ten months behind bars before being released. In September 2012, Alber Saber, a Computer Science student and blogger was also arrested on allegations of having shared the YouTube trailer of the anti-Islam film “Innocence of Muslims” on his Facebook page. While police found no evidence that he had uploaded the video deemed insulting to Islam, he was nevertheless sentenced to 3 years in prison for “defaming Islam and Christianity” and allegedly “spreading atheism”. Saber was released for an appeal session a year later and subsequently fled the country. Earlier this year, Amr Hamzawy, a prominent liberal intellectual and political scientist was charged with “insulting the judiciary” for a Twitter post criticising a court ruling against three US pro-democracy civil society organisations .

Ahead of the January 2011 uprising, young pro-democracy activists had used social media networks to mobilise and organise the mass protests that brought down autocratic president Hosni Mubarak. Videos depicting police brutality and others urging Egyptians to rise against the corrupt Mubarak regime posted by the April 6 pro-democracy youth movement and “We Are All Khaled Said” — a Facebook page created by Google Executive Wael Ghoneim to bring attention to the brutal murder of a young Alexandrian (allegedly beaten to death by two police officers) — were the initial spark igniting the 2011 uprising, prompting some analysts to describe the revolt of 3 years ago, as a “Facebook Revolution”. Recognising the role of social media in the mass uprising, Mubarak cut off the internet and mobile phone lines in an attempt to quell the protests, a few days after their eruption. His rash response however, triggered public furore and only served to further strengthen the resolve of the Tahrir protesters.

With internet penetration in Egypt at 43 per cent (at the end of last year) — relatively low compared to other countries where illiteracy rates are lower than in Egypt — the Egyptian government is nevertheless wary of social media, having witnessed first-hand the role of Facebook and Twitter in toppling the authoritarian regimes in the region. Despite provisions in the recently-adopted constitution protecting the right to privacy and guaranteeing the confidentiality of electronic correspondence, telephone calls and other means of communication, the military-backed authorities are taking no chances. Systematic monitoring of Facebook, Twitter, You Tube and possibly mobile phone applications such as WhatsApp, Viber and Instagram would enable the government to identify dissenters and possibly, crackdown even harder on them, critics fear.

In the past year, the interim government has shown little respect for freedoms and rule of law. With military strongman Abdel Fattah El Sisi now sworn in as the country’s new president and in the wake of the proposed mass surveillance plan, skeptics warn that things are likely to get even worse as a counter-revolutionary bid seeking to obliterate all traces of the 2011 Revolution that called for bread, freedom and social justice, gains ground in Egypt.

This article was published on June 10, 2014 at indexoncensorship.org