Egypt: Imprisonment of Egyptian Novelist Ahmed Naji Inverted Relation between the Constitution and Law Words Should Not Be Brought To Trial
مركز دعم التحول الديمقراطي وحقوق الانسان يدعو إلى التضامن مع الحركة الحقوقية المصرية
Democratic Transition and Human Rights Support center (DAAM) condemns the sentence against the young novelist Ahmed Naji, pronounced by the Misdemeanor Appeal Court of “Bulaq”. The court decided to send Naji to prison for two years and to impose a 10 thousand pounds fine on the editor in chief of “Akhbar Al-Adab” newspaper. This sentence is the maximum penalty of imprisonment and fine sentences regarding the ‘Violating Public Modesty’ in accordance with Article 178 of the Penal Code.
The Public Prosecution has previously accused Ahmed Naji of publishing an article, for the purpose of circulation, containing written topics that violate public decency. Naji has published a chapter from his novel entitled (Using Life), published by “Dar Attanwir”, in “Akhbar Al-Adab” newspaper issue of August 2014. The court has also accused the newspaper editor in chief of not performing his duties. It has also summoned Naji for interrogation following a notification sent by a citizen in which he claimed that the article (Chapter V of the novel) violates public decency.
The Public prosecution has also appealed a first ruling pronounced by the Misdemeanor Court of “Boulaq Abou Al-Ila” district in which the court acquitted Ahmed Naji and Tariq Attahir, the editor in chief of “Akhbar Al-Adab” newspaper, from the charge of violating public decency, but a new ruling convicting them was pronounced by the Misdemeanor Appeal Court.
Jurisdiction presumes that the Constitution is the spirit of laws and therefore, all laws are induced and derived from the constitution and do not contradict it. The Egyptian constitution has ensured the freedom of thought, creativity and publication as well as not to impose a sentence that deprives individuals of liberty except with regard to incitement to hatred and violence, or defamation of individuals’ reputation.
However, the ruling against “Naji” has revealed that the Egyptian legal structure is still fortified by an arsenal of laws that violate constitutional rights and international conventions to which Egyptian successive governments has committed to. It also divests the concept of citizenship and civil state. The sentence has also proved, beyond any reasonable doubt, the need for the Egyptian parliament to work on the modification and amendment of the existing laws so as to harmonize them with the Egyptian constitution of 2014.
The verdict has also made clear to everyone that filing the “Hisbah” lawsuits in the face of thought and creativity through the Public Prosecution does not preclude maintaining the basic purpose, which is to prevent taking artistic and creative ideas to the courts and judges. As for the facts of the verdict, they confirmed the urgent need to intensify the training efforts with judges with regards to international covenants and its subsequent developments, namely comments and decisions.
The verdict has violated Articles 48, 65 and 67 of the 2014 Constitution of the Arab Republic of Egypt and Article 19 of the International Covenant on Civil and Political Rights. Also, the comment 34 of 2011 issued by the Human Rights Committee stipulated on the necessity to protect freedom of expression concerning opinions that might be considered extremely professional. It also stipulated that laws should not include penalties that contradict with the Covenant, such as corporal punishments.
Democratic Transition and Human Rights Support center (DAAM) calls the Public Prosecutor to order the Public Prosecution to stop filing “Hisbah” lawsuits in issues related to art and creativity temporarily, until the Egyptian parliament adjusts the Penal Code to be in conformity with the Egyptian constitution, international conventions and treaties.
The increase of the number of lawsuits recurrence that have been filed by the Public Prosecution against artists, creators and thinkers in the recent period for moral and religious reasons, calls us to review Article 67 of the 2014 Constitution of the Arab Republic of Egypt, with respect to the section related to bringing up such cases before the courts, as long as it does not provide adequate protection to art and creativity. Rather courts have made the State playing the role of religious police officer. The State currently seems to have deviated from its approach as a Civil State in implementing the Constitution and to ignore the right to freedom of opinion and expression.
“DAAM” calls for stopping the execution of the verdict against the young novelist Ahmed Nagy and his immediate release as well as a review of all previous convictions.
“DAAM” also confirms the grounds of “Bulaq Abul-Ela” First Instance ruling that acquitted Naji. These grounds confirmed that freedom of expression and interaction of views require a sender and a recipient, that both of them have the right to choose, and that is not allowed to restrict or prevent one of the two parties from the right to choose based on prior restrictions. Rather, the parties must exercise their right to choose freely. Both have the full right to take and leave what they want same as the society does.
The battle of Ahmed Naji and his defense is just a defense of creativity, imagination, freedom of expression and the right for literary works criticism without resorting to force and prison. It is like we are back to the time of tyranny, the ugly face of Inquisition. It is not only the battle of Ahmed Nagy because we can go back and talk about many similar cases like the case of Naguib Mahfouz in “Awled Haritna” (The children of the Alley) which ended by the victory of the constitution and law when Mahfouz’s creative work got out from the dark age to light and won the Nobel Prize. Then was the battle of the writer Haidar Haidar’s because of his novel “walima li-Aashab Al-Bahr” (Feast for Seaweed), which caused angry reactions in Egypt after being re-published in 2000.
How long will the taboo of the sacred triangle, Religion, Sex and Politics remain in control of creativity and putting imagination on trial.
Even under great enlightenment eras, Ahmed Naji goes to jail and books and novels remain banned on the shelves.
Freedom to Ahmed Naji
For Arabic version click here:http://daamdth.org/archives/189
