Fridae

Two international human rights groups last week deplored the Egyptian government's decision to prosecute fifty-two men before an Emergency State Security Court on charges of "obscene behavior" and expressing "contempt for religion."

In a joint statement, Human Rights Watch (HRW) and the International Gay and Lesbian Human Rights Commission (IGLHRC) condemned the men's detention since May 11, when they were arrested apparently on suspicion that they had engaged in consensual homosexual behavior, and expressed grave concern that they may have been subjected to torture in detention.

"Egyptian law does not outlaw homosexuality, but these men are being held on charges of violating public morals." said Scott Long, IGLHRC's Policy Director "They are really being punished for exercising their basic rights to free expression and free association."

The men were initially held incommunicado, unable to contact lawyers or relatives, and some were reportedly beaten and ill-treated. The procedures of the Emergency State Security Court for Misdemeanors, established under Egypt's state of emergency legislation, do not comport with international fair trial standards. If convicted, they face prison terms ranging from three months to nine years. There is no right of appeal to a higher tribunal.

"This case exhibits some of the worst features of Egypt's justice system prolonged and incommunicado detention and emergency proceedings on spurious charges," said Hanny Megally director of the Middle East and North Africa division of Human Rights Watch.

While homosexuality is not illegal in Egypt, many homosexuals and dissidents have been prosecuted under obscenity and contempt for religion charges.

* The Emergency State Security Court for Misdemeanours (Mahkamat Junah Amn al-Dawla Taware') is an exceptional court established within the framework of state of emergency legislation. Defendants do not have the right of appeal before a higher tribunal: they may submit a complaint (tazallum) against the verdict to the Military Governor (al-Hakem al-'Askari) who, irrespective of whether such a complaint has been submitted, must either uphold or quash the verdict, or he may order a retrial before the same court. If the original verdict is upheld, the defendant may submit a petition (iltimas) to the Military Governor on humanitarian grounds. The decision of the Military Governor is final.

Source: International Gay and Lesbian Human Rights Commission (IGLHRC) and Human Rights Watch (HRW)