The Human Rights Association for the Assistance

of prisoners Campaign for Combating Torture

Hand in Hand …Egypt without Torture

 Cairo: 18/4/2004
 

The suspect is condemned till he was proved to be innocent

After the decision of the Attorney General to acquit without guarantee the innocent suspects in raping children in a kindergarten in Al-Ma'ady

The human rights association for the assistance of prisoners calls the Attorney General to open investigations with newspapers that published reports wrong to the suspect opposing the article No. 187 of the penal code and disclosing who provided them with information concerning the investigations in the authorized prosecution office

HRAAP received the decision of the Attorney General satisfactorily to acquit without guarantee the three innocent suspects accused of raping children in a kindergarten in Al-Ma'ady and reserved the paper of the case and sending it to the ministry of health to take the necessary procedures in with the inspector of health who stated in his report wrong information condemn the suspects. In addition, he assured that the whole incident did not occur and the license of the kindergarten is legal and there is no any violation since its establishment in 2000.  

            As stated in Al-Ahram newspaper, the Attorney General appealed to mass media to have mercy to citizens and the public opinion that does not have to be influenced to fake tales about cases is still on investigation.

             HRAAP expresses its happiness regarding acquitting these citizens and condemns profoundly mass media that manipulates the honor of citizens and exploit it commercially and causes through exciting and partial reportages in affecting negatively the public opinion, investigators and judges against suspects and their relatives and deprive them of having a fair trial as a result of defaming them and issuing the previous rulings against them.

             HRAAP draws attention that what mass media do including the moral assassination to suspects is considered guilt according to the article 187 of the Egyptian penal code that sentence to a period does not exceed 6 months and paying fine not less than 5000 L.E. and not more than 10000 L.E. "everyone published anything affects on judges authorized to consider a case before any authority of the authorities of the state or on the prosecutors or others of the assigned employees or the witnesses who may be asked to give their testimonies in this case or this investigations, or matters that can prohibit any one to give any information to authorities or affecting on the public opinion on behalf of somebody involved in this case or investigations or against him.

             HRAAP draw attention to that what many Egyptian mass media have done regarding this case are opposing with the principles of publishing crimes news as it was mentioned in the charter of journalistic honor, and do not help in this way encouraging the freedom of journalism considering that the free journalism has to be responsible at the same time.

            This incident is considered an apparent example for that some of Egyptian mass media, and there is no considerations concerning profit and distribution, still believes that the citizen is condemned originally and to be innocent it is an exceptional, however that opposes the simplest legal and moral principles that considers that the suspect is innocent till he was proved to be condemned at the hand of competent court. As for what happened for these three citizens including harms, we think that it will last because we are sure that the declarations of the Attorney General could not wipe out the condemnation of society firmed up by prolonged journalistic reports that did not demean only the suspects but their relatives also.

            HRAAP draw the attention to who give out the information of the initial investigations to journalists are from the employees of the prosecution office who are trusted to the secrecy of the initial investigations and disclose it endeavoring to fake fame and opposing the decree of the supreme judges board that stresses on the necessity that judges and members of prosecution office has to give up giving talks and speeches to newspapers in cases in which they are assigned.

            We claim the Attorney General to begin immediately investigations with newspapers that disparaged the article of penal code on condition that investigations have to include who gave them this information and declare the results of investigations to public opinion, and appeal to the journalists' syndicates to investigate with newspapers that are involved in violating the provisions of the charter of the journalistic honor and declare in its capacity  the results of investigations to the public opinion.

            From our side, we declare our support to these three citizens in any legal procedures they wish to take in order to restore a part of their respect and consideration, and we present a semi-apology to them in behalf of the society for what they suffered from defaming and abuse.

 The human rights association for the assistance of prisoners