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15 Nov 2001

cairo 52 case: international human rights groups react

While international human rights groups have gone to great lengths in campaigning against the trial, Egyptian groups had distanced themselves from the whole affair.

International human rights groups have condemned the outcome of the trial where 23 men were sentenced to jail on charges that they defamed Islam and practiced "sexual immorality", a local euphemism for homosexuality. The other 29 were acquitted.

Although acquitted, some defendants are likely to face harassment and professional ruin because Egyptian newspapers had published their names and workplaces after their arrest six months ago.

In May this year, the 52 defendants were arrested and charged with "obscene behavior" after a night out at a gay floating disco on the Nile that was raided by police. Two more men were charged, in addition, with "contempt for religion." The trial began on July 18 in an emergency court where the verdict is final and appeals are not permitted.

The International Gay and Lesbian Human Rights Commission (IGLHRC) has called on President Hosni Mubarak to step in and immediately pardon the 23 men convicted to hard labor. IGLHRC's Program Director, Scott Long who is currently monitoring the trial accused the Egyptian government of manipulating religion in its prosecution of the accused.

"The arrest and trial of these men has been a perversion of justice from day one," Long added.

"We are concerned for the acquitted as well," stated Mr. Long. "We call for their immediate release, and ask President Mubarak to issue a clear directive to the prosecution not to appeal their acquittals."

Egyptian legal sources contend that according to Egyptian law, the acquittals can be appealed by the prosecutors after 30 days from sentencing have elapsed.

"We are very chilled by the hard labour sentences," said Surina Khan, IGLHRC's Executive Director. "Having received numerous testimonies of beatings and abuse of the Cairo 52 while in detention, we can only imagine what awaits them now."

According to the Human Rights Watch, some defendants said that they had been beaten and forced into to "confessing" their alleged homosexual behaviour. The defendants were reportedly subjected to forced medical examinations in order to determine whether they had engaged in anal intercourse.

Human Rights Watch said that these convictions and the treatment to which the defendants were subjected violate a number of international human rights instruments to which Egypt is a state party. These include the International Covenant on Civil and Political Rights (ICCPR) and the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
"The government prosecuted these men in an unfair trial, apparently in order to distract public attention from their own unpopular policies, and to placate conservative elements in Egyptian society," said Joe Stork, Washington director of the Middle East and North Africa division of Human Rights Watch. Stork urged the Egyptian government to release the men immediately and unconditionally.

Amnesty International has also accused Egypt of prosecuting people for their sexual orientation and said the type of court, the Emergency State Security Court, was not independent.

The organisation's press statement read in part, "Amnesty International believes that the majority, if not all, of these men are facing imprisonment merely in connection with their alleged sexual orientation. If convicted solely on these grounds the organization would call for their immediate and unconditional release," the international organization said. "We are also extremely concerned that their trial violates some of the most basic international standards for fair trial."

In August, gay and human rights held demonstrations outside the UN office in Geneva and Egyptian embassies and consulates in countries including the US, Sweden and the Philippines. Supporters have also flooded the Egyptian embassies and consulates around the world with phone calls, faxes, and emails to put pressure on the Egyptian government.

While international human rights groups have been active in campaigning against the trial, Egyptian groups had distanced themselves from the whole affair for fear that the authorities would use their association with the gay cause to discredit their work on political cases.

Hisham Kassem, president of the Egyptian Organisation for Human Rights said in the Chicago Tribune, "It's a long journey before you get to gay rights."

"We're still trying to keep the police from beating people. I'm not going to jeopardize an organisation that can defend 69 million for 52 people."

Egypt

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