The International Journal
of Not-for-Profit Law

Volume 4, Issue 1, September 2001

A publication of the International Center for Not-for-Profit Law

Case Notes: Middle East and North Africa

Egypt

Saad Eddin Ibrahim's case has cooled down in the summer heat*

Things have quieted down considerably on the Saad Eddin Ibrahim front in the three months since the surprise seven-year state security court verdict handed down in May.

Ibrahim, along with several colleagues from the Ibn Khaldoun Center for Developmental Studies (ICDS), remains in prison--receiving regular visits from his lawyers and his wife Barbara. While economic issues such as the recent pound devaluation and other high-profile trials like the Queen Boat case have largely pushed Ibrahim off the nation's front pages, plans for an appeal are progressing quietly.

Ibrahim and five co-defendants filed their request for a retrial in late July, citing numerous examples of how judicial practice and standards were violated in Judge Muhammad Shalabi's verdict. A preliminary court date has been set for October 17 -- later than the defendants hoped, but the best they could manage thanks to a packed Court of Cassation docket.

Despite their less-than-positive experiences with the Egyptian judicial system so far--Shalabi and his fellow judges returned with their May verdict after less than 90 minutes deliberation--Ibrahim and his supporters remain optimistic. Barbara Ibrahim expressed her faith in the ability of the "independent minded and highly qualified" judges of the Court of Cassation. "Despite over a year of unfortunate treatment by State Security Prosecutors, we remain extremely positive that what has happened to Saad does not reflect what this country is about and that this injustice will soon be put right," she told the Cairo Times.

Their confidence is further boosted by a ruling made by the Court of Cassation last month regarding Military Decree No. 4/1992, the article under which Ibrahim was tried and convicted.

The court ruled that the decree, which outlaws unapproved foreign funding for NGOs, cannot be used by lower courts in non-emergency situations. Without a specific law outlining the penalties involved, application of a sentence based on violation of the military decree would usurp the power of the legislature, the court ruled.

This means that if Ibrahim and his co-defendants are granted a retrial, it will probably be under Law No. 32/1964-which also outlaws unauthorized foreign funding but carries a much lighter sentence than a military decree violation.
 
According to Barbara Ibrahim, who is allowed to visit her husband for a half-hour every two weeks, Saad's health has stabilized in recent weeks with the help of several visits from a physical therapist. However, she said, the cause of the cerebral strokes from which he suffers has yet to be identified and further testing is needed.

Ibrahim's fragile medical condition is among the reasons he has requested a suspension of his sentence during the appeals process.  His lawyers have argued that the 62-year-old professor with no  criminal record is hardly a flight risk-and he's banned from travelling anyway. But so far, the suspension of sentence has not been forthcoming.
 
Meanwhile the international campaign on Ibrahim's behalf continues,  although it has been somewhat overshadowed by the Queen Boat issue.  Amnesty International has declared Ibrahim and his colleagues to be prisoners of conscience, and the European Union is sending a  delegation to investigate the matter in October.

* From an article in the Cairo Times, August 30th, 2001 by Dina Ramadan and sent by the Free Saad Eddin Ibrahim listserve. Reproduced here with permission.

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