15 Nov 2001

egypt sentences 23 'homosexuals' to jail

In the infamous Cairo 52 trial that lasted four months, twenty-three Egyptian men accused of being gay have been sentenced to one to five-year jail terms with hard labour while the rest were acquitted.

An Egyptian court on Wednesday sentenced a man to 5 years in jail and 22 others to up to three years on charges which included "practising sexual immorality", a local euphemism for homosexuality. The remaining 29 were acquitted.

From the top: Queen Boat where the men were arrested, the men being transported to court, defendants in the courtroom
According to International Gay and Lesbian Human Rights Commission (IGLHRC), the Emergency State Security Court in Cairo delivered its sentences on November 14 in the case of the 52 men detained since May because of their presumed homosexuality.

Of those detained, 23 were sentenced to between one and five years of hard labour. These sentences cannot be appealed. The sentences came at the end of a four-month trial, which have been condemned by international human rights organisations, members of US Congress and the United Nations. It is believed that the men were arrested and prosecuted only because of their sexual orientation.

Human rights groups have also called for an investigation into claims that some of the accused were tortured.

Sherif Farahat received the longest sentence of five years for "practising sexual immorality", contempt of religion, falsely interpreting the Koran and exploiting Islam to promote deviant ideas. Of the other 22 found guilty, one received the maximum three years for "contempt of religion," 20 more received two years, and another man received one year.

While the other 29 men were acquitted, it is not clear when they will be released. Egyptian legal sources contend that according to Egyptian law, prosecutors can appeal the acquittals after 30 days have elapsed from the date of sentencing.

The 52 men were put on trial after police raided a Nile boat restaurant in May and accused them of taking part in a gay sex party.
According to the only surviving Egyptian gay website, gayegypt.com, during the previous court session, the court also heard that the arrests were made 'completely at random with no prior investigations', and that the 'investigation reports' been fabricated after the arrests. During the trial, Prosecutor Ashraf Hilal told the court in September that medical examinations of the accused had found that 14 defendants had participated in gay sex.

From the top: Queen Boat where the men were arrested, the men being transported to court, defendants in the courtroom
"Egypt will not be used for the defamation of manhood and will not be a hub for gay communities," he added.

The IGLHRC has said that they have also received reports that arrests of presumed homosexuals continue.

In addition, a teenager, tried in a juvenile court because of his age, was sentenced September 18 to the maximum penalty allowed by law: three years in prison, to be followed by three years of probation. Because of his age, he is allowed to appeal.

Although homosexuality is not explicitly referred to in the Egyptian legal system, a wide range of laws covering obscenity, prostitution and public morality are punishable by jail terms.

Under Egypt's emergency laws, the convicted men have no right of appeal and can only overturn the sentences through a petition to President Hosni Mubarak.

Egypt