RECENT GOE ACTIONS TO SUPPRESS CRITICAL OPINION

C O N F I D E N T I A L SECTION 01 OF 02 CAIRO 001447

SIPDIS

FOR NEA/ELA AND DRL/NESCA
NSC FOR KUMAR

E.O. 12958: DECL: 07/28/2029
TAGS: PGOV PHUM KDEM EG
SUBJECT: RECENT GOE ACTIONS TO SUPPRESS CRITICAL OPINION

REF: A. CAIRO 1332

B. CAIRO 1263

C. CAIRO 930

D. CAIRO 504

E. CAIRO 79

Classified By: Economic-Political Minister-Counselor
Donald A. Blome for reason 1.4 (d).


1. KEY POINTS

-- (C) A recent series of selective GOE actions against
journalists, bloggers and even an amateur poet illustrates
the variety of methods available to the GOE to suppress
critical opinion, including an array of investigative
authorities and public and private legal actions.

-- (U) A journalist was jailed on defamation charges for the
first time in recent memory, and an amateur poet was
imprisoned for three months for allegedly defaming President
Mubarak.

-- (C) The GOE arrested three Muslim Brotherhood
(MB)-affiliated bloggers, and has repeatedly used the
Emergency Law to block a court ordered release of another
jailed blogger.

-- (C) The government is working with NDP operatives to flood
the courts with suits against political enemies, using
tactics such as fabricating assault charges against a
journalist and filing a profanity case against a novelist.

-- (C) The GOE's actions are examples of where it decides to
draw redlines in an environment featuring frequent press
articles and blogs critical of both the regime and President
Mubarak.

-- (C) These GOE actions, combined with arrests of MB
officials (septel),could be the start of an attempt to
tighten the political environment in advance of the 2010
parliamentary elections.

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Proactive Security Forces and an Unfortunate Amateur Poet
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2. (C) The recent case in XXXXXXXXXXXXX (XXXXXXXXXXXX miles XXXXXXXXXXXX of Cairo) of XXXXXXXXXXXXX, a local government clerk arrested, convicted and jailed for writing unpublished poetry allegedly insulting to President Mubarak, illustrates how proactive
security forces and courts can successfully move against a
civilian defended by incompetent lawyers. In late June, the
Arab Network for Human Rights Information (ANHRI) issued a
statement that police in XXXXXXXXXXXXXX arrested XXXXXXXXXXXXXX in April for defaming Mubarak in a poem, and a local court subsequently sentenced him to three years in prison. According to the statement, the court set bail at LE 100,000 (15,000 USD) pending appeal, and since XXXXXXXXXXXX could not afford that sum, he remained in jail. Skilled Cairo-based lawyers from ANHRI
appealed the case, and a Minya appeals court acquitted XXXXXXXXXXX July 18; he was released July 20. XXXXXXXXXXXX might still be in jail if his original defense lawyers had not sought help.


3. (C) XXXXXXXXXXXXX told us he was not
aware of the case until June when lawyers from Minya
contacted him to help with the appeal. XXXXXXXXXXXXX attributed the conviction in part to the poor skills of the defense lawyers.
The case remained virtually unknown until the days leading
up to the July 18 appeal verdict when the local and
international press began reporting on it. Until mid-July,
even our contacts specializing in freedom of expression were
unaware of the case. Following XXXXXXXXXXXX's release from prison, XXXXXXXXXX appeared on Egyptian satellite television and said XXXXXXXXXXXXX would not write any more poetry critical of the government. XXXXXXXXXXXX also criticized lawyers from Minya for not defending him aggressively out of fear of the GOE's response.

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Arresting and Harassing Bloggers
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4. (C) In a blogging environment often critical of the
government, the GOE has selectively moved against certain
bloggers. Most recently, the GOE arrested three young,
Muslim Brotherhood (MB)-affiliated bloggers. XXXXXXXXXXXXX
confirmed for us July 27 that State Security Investigative
Services (SSIS) arrested bloggers XXXXXXXXXXXXX and XXXXXXXXXXXXXX at Cairo International Airport

CAIRO 00001447 002 OF 002


following their return from a conference in XXXXXXXXXXXX. XXXXXXXXXXXX also confirmed that SSIS arrested a third blogger, XXXXXXXXXXXXXX, at his home on XXXXXXXXXXX, and that all three bloggers remained in detention. The MB website reported XXXXXXXXXXX that the GOE released XXXXXXXXXXXXX that day. The three bloggers have criticized trials of MB members in military courts and have voiced support for MB detainees. Our contacts have asserted that the GOE fears young, tech-savvy MB-affiliated bloggers
because of their ability to generate mass support for the
Brotherhood and organize rallies and other events via the
internet. Contacts attributed the arrest and torture of
young MB-blogger XXXXXXXXXXXXXXXXX in XXXXXXXXXXXX(refs D, E) to these factors. Police released XXXXXXXXXXXXX in XXXXXXXXXXXX (ref D).


5. (C) Prominent blogger XXXXXXXXXXXX ran afoul of the GOE by
publicly criticizing the regime in late June at a conference
in XXXXXXXXXXXXX (ref B). XXXXXXXXXXXXXX, who was held at XXXXXXXXXXXX International Airport XXXXXXXXXX for 13 hours upon his return, told us XXXXXXXXXXXXXX that police have still not returned his laptop. Hafez Abu Seada, Secretary-General of the Egyptian Organization for Human Rights which is representing XXXXXXXXXXXX, told us July 22 that the police have not responded to his organization's inquiries beyond saying that they are holding
the laptop to search for "intellectual property violations."
XXXXXXXXXXXXX had told us that NDP members attending the same
conference in XXXXXXXXXXXXX reported his critical comments to the
GOE.


6. (C) The GOE is using the Emergency Law to reject court
orders for the release of blogger XXXXXXXXXXXXXX whom SSIS has
kept in jail since XXXXXXXXXXXXXX for allegedly insulting both
Islam and Christianity (ref C). XXXXXXXXXXXXX's lawyer XXXXXXXXXXX told us that the Interior Ministry rejected a XXXXXXXXXXXXX court order to release XXXXXXXXXXXXX, and since SSIS made the arrest under the Emergency Law, neither the courts nor attorneys have any recourse. XXXXXXXXXXXXXXXXX commented that this is the fifth time the MOI
has refused to follow court decisions ordering XXXXXXXXXXXXX's
release.

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GOE Actions Against a Novelist and Journalists
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7. (C) The GOE and NDP operatives have stepped up their
efforts to file lawsuits against political opponents. Human
Rights attorney XXXXXXXXXXXXX told us in late June that he
is defending the leading independent newspaper "Al-Masry
Al-Youm" against more than 70 defamation suits, most of which
have been filed by NDP loyalists. XXXXXXXXXXXXX is also defending
XXXXXXXXXXXXX author of XXXXXXXXXXXXX against a government suit alleging that the work is profane. XXXXXXXXXXXXX said the MOI filed the profanity suit as a pretext to punish the author for the novel's criticism of the NDP and of MOI heavy-handed police tactics against
demonstrators. The profanity suit focuses on one relatively
explicit sex scene and the use of expletives. XXXXXXXXXXXXX said
such content is common in books and magazines, and almost
never incurs suits. The trial is currently adjourned until
the fall.


8. (C) EOHR Secretary-General Hafez Abu Seada told us in
early July that he is defending XXXXXXXXXXXXX, a journalist
from the weekly newspaper XXXXXXXXXXXXX whom he said the
Interior Ministry has targeted for writing a series of
articles critical of the minister and other senior MOI
officials. Abu Seada said an Interior Ministry general
confronted XXXXXXXXXXXXX on the street as a pretext for filing
charges against him for allegedly "assaulting" an officer.
The Arab Network for Human Rights Information issued a
statement July 13 criticizing the police for breaking into
XXXXXXXXXXXXX's home six times between July 10 and 11.


9. (C) In mid-July, police arrested Yasser Barakat,
editor-in-chief of the independent paper "Al-Moagaz," to
implement a June 24 court decision convicting him of defaming
independent MP and SSIS confidante Mustafa Bakry. In the
first instance in recent memory of a journalist jailed for
defamation, Barakat spent 5 days in jail before his July 11
release pending appeal, following lobbying by the Press
Syndicate (ref A). Contacts have told us that SSIS was able
to provide political cover to support Bakry in his
long-running personal feud against Barakat.
Tueller

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