CTUWS: Urteil revidiert - Freispruch für Kamal Abbas

Letztes Jahr war der Koordinator des gewerkschaftsoppositionellen Netzwerks CTUWS, Kamal Abbas aufgrund einer Privatklage eines Abgeordneten (im Rahmen allerdings der Hetzkampagne staatlicher Medien und des Gewerkschaftsbundes ETUF) zu einem Jahr Gefängnis verurteilt worden. Um bis zur Berufung in Freiheit zu bleiben, musste er Kaution bezahlen - in dieser Berufung nun allerdings legten seine von der demokratischen Bewegung gestellten zahlreichen Anwälte dermaßen viel konkretes Material über den klagenden Abgeordneten bzw seine Geschäfte vor, dass die Richter nicht anders konnten, als Abbas freisprechen. Die (englische) "Erklärung" des CTUWS zum Freispruch vom 28. Februar 2008.

The Court of Appeal Vacates the Imprisonment Judgment Against Mr. Kamal Abbas CTUWS' General Coordinator And Rejects Criminal And Civil Claims

On Wednesday 27th February 2008, Southern Cairo Court of Appeal of Helwan - headed by Councilor Ashraf Hussein Othman, Councilor Hussam Shemeila and Councilor Mohamed Al Karakaty (members) and Ahmad Tayl Secretary - judged to vacate the one-year imprisonment judgment issued against Mr. Kamal Abbas the General Coordinator of CTUWS. The court also rejected a criminal and a civil claim filed against him.

The story started when Helwan Court of Misdemeanors headed by Judge Mohamed Rashad issued a sentence of one year imprisonment against Mr. Kamal Abbas the General Coordinator of CTUWS and Mr. Mohamed Helmy (Lawyer) in the law suit No. 269 of 2007, Misdemeanors/ 15 May City. The case was filed by Mr. Mohamed Mustafa Ibrahim (member of the National Democratic Party (NDP) who was the party's candidate for the previous parliamentary elections and the chairman of the board of directors of the Youth Center of the 15th May City) against both Kamal Abbas and Mohamed Helmy.

He claimed that they have publicly abused and defamed him in his public representative capacity (as the chairman of the Youth Center) by publishing a report against him in Kalam Sanay'iya Magazine (which is the non periodical magazine of the CTUWS). It is worthy mentioning that Court of First Instance issued its judgment against CTUWS' General Coordinator on 20/9/2007 synchronized with the issuance of several other imprisonment judgments in lawsuits concerned with publishing. The judgment came contrary to what was expected according to the facts and circumstances of the claim.

What happened is that Mohamed Helmy (lawyer and board member of the Youth Center) together with another five board members submitted the claim to the authorities to investigate certain actions of the board chairman of the Youth Center. They presented the documents that prove the validity of their claim.

It is astonishing that the same facts which Mohamed Helmy has referred to were investigated by the General Committee of the Financial and Administrative Inspection and that the Committee submitted its report on the subject on 28/1/2007. The report asserted a number of financial and administrative contraventions attributed to Mohamed Mustafa Ibrahim the chairman of the board of directors of the Youth Center. The Committee recommended to suspend him and to assign the deputy chairman in his place. Then the Governor of Cairo issued a decision to disband the board of directors of the 15th May City Youth Center. The decision was based upon a memorandum of the president of the National Council for Youth and Sports which contained the contraventions attributed to Mohamed Mustafa Ibrahim.

In spite of all the aforementioned, the court issued a judgment one-year imprisonment against Mr. Kamal Abbas the General Coordinator of CTUWS. He had to pay a bail of 1000 Egyptian Pounds to suspend the judgment enforcement until the court of appeal considers his appeal request. The Egyptian human rights organizations collaborated with the CTUWS and with its General Coordinator.

A defence board of over 30 lawyers defended him. Amongst them were Mr. Hafiz Abu Sida General Secretary of the Egyptian Human Rights Organization, Mr. Negad El Bora'I (from the Democracy Development Group), Mr. Sayed Abu Zeid the legal councilor of the Press Syndicate in addition to lawyers from Hisham Mubarak Law Office, the Legal Assistance Association and the Egyptian Association for Societal Participation Association. Several lawyers from Helwan attended the courts sessions in collaboration with their colleague Mr. Mohamed Helmy.

Throughout three court sessions the defence forwarded to the court the documents that proved the truth of the contents of the published report subject matter of the lawsuit. The defence objected the judgment of the court of first instance which ignored all the submitted defenses when it considered the case. That court did not consider the defense, did not respond to it and did not even refer to it. Even though the court did not rely on admissible facts, the court stated that "it was satisfied that the accusation was well-established. Tens of similar judgments were vacated by the Egyptian appeal courts because they were based on such a "generalized statement". Moreover, the defence requested to refuse the two other filed claims because they were defective. Finally, the court of appeal issued its judgment to annul and vacate the judgment of the court of first instance and to refuse the criminal claim and the civil claim which were filed against Kamal Abbas and Mohamed Helmy during the consideration of the lawsuit.

The judgment ended the tragedy which lasted for five months and saved the dignity of the two men who were victimized. The CTUWS expresses its extreme gratitude for all who collaborated with it and with its General Coordinator particularly the human rights organizations, the civil society organizations, the defenders of democracy and the right of expression in Egypt and abroad and the international trade union movements. The CTUWS is also grateful to that bright side of the Egyptian Judiciary which helped disperse the clouds that accumulated in such a manner that made the mere breathing a difficult task.

The Center for Trade Union and Workers Services (CTUWS) Thursday, 28/2/2008