Wednesday, January 14, 2015

Egypt: Hosni Mubarak fraud conviction overturned

Gamal Mubarak, Hosni Mubarak and Alaa Mubarak in court (14 September 2013)In November, a court cleared Hosni Mubarak of directing the killing of protesters during the 2011 uprising
A court in Egypt has overturned the convictions for embezzlement of former President Hosni Mubarak and his two sons and ordered a retrial.
Mr Mubarak was jailed for three years in May after being found guilty of fraudulently billing the government for $14m (£9.3m) of personal expenses.
But the Court of Cassation found legal procedures were not followed properly.
It was the last remaining case keeping Mr Mubarak behind bars. The 86-year-old has been in detention since April 2011.
Mr Mubarak's lawyer told the BBC he hoped his client would soon be released from Cairo military hospital, where is being held.
Charges of conspiring in the killing of hundreds of protesters during the uprising that ended his rule in 2011 were dropped in November.
The former president and his sons - Alaa, 53, and Gamal, 51 - were also cleared of two separate corruption charges.
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At the scene: Orla Guerin, BBC News, Cairo
Egypt's former president can now celebrate another legal victory.
After years of court cases, his last conviction has been overturned - though he faces a retrial. A handful of Mubarak loyalists cheered and shouted in court when his three-year sentence was quashed.
Even before today's verdict, his lawyers said he was entitled to be freed because he had already spent three years in prison, when pre-trial detention is included.
A source in the Egyptian prison service told the BBC the former president would be released, once they had calculated the days already served.
Supporter of Hosni Mubarak holds up a photo of the former Egyptian president after his conviction for embezzlement is overturned (13 January 2015)Judicial sources say Mubarak could walk free as no convictions remain against him
Legally he may be entitled to his freedom, but political considerations are likely to play a role.
If he reappears in public - just four years after the revolution which unseated him - it will deepen the divisions here, and could provoke fresh unrest on the streets.
That's something the current Egyptian leadership may prefer to avoid.
There's speculation that the former leader may opt to remain in the military hospital overlooking the Nile, where he has been serving his sentence. One newspaper report suggested his family was concerned about ensuring his safety outside the hospital.
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The Court of Cassation, Egypt's top appeals court, announced that it had overturned the three men's convictions for embezzlement and ordered a retrial at a brief session on Tuesday morning.
At the original trial, prosecutors alleged that Mr Mubarak and his sons had billed the government for more than 100,000 Egyptian pounds of personal expenses for several private homes and a public palace that was fraudulently transferred to their ownership.
Other expenses included renovating a villa, and building a new palace wing to accommodate one of Mr Mubarak's granddaughters and a mausoleum for a grandson who died, they said.
Evidence submitted by the prosecutors included more than a thousand original and forged receipts.
When a new court is assigned for the retrial, the judges could order Mr Mubarak to be freed because no convictions against him remain.
Egyptian media report that he had been expected to be released from the military hospital at Maadi on 17 January even if the embezzlement conviction had been upheld because of the time he has spent in custody.

Egypt court clears men accused of bathhouse 'debauchery'

A court in Egypt has cleared 26 men arrested last month in a raid on a bathhouse in Cairo and charged with "inciting debauchery".
Their trial had been seen as part of a campaign by the Egyptian authorities against the country's homosexuals.
Footage broadcast by a local TV station of the men being pulled half-naked out of the bathhouse by police outraged activists and rights groups.
Egyptian law does not criminalise homosexual acts, but they remain taboo.
Adults suspected of engaging in consensual homosexual conduct are frequently arrested on charges of debauchery, immorality or blasphemy.
'God rescued us'
The defendants acquitted on Monday covered their faces with jumpers or hats as they were marched into the courtroom in Cairo for the verdict.
Five of them - the owner of the bathhouse and four staff members - were tried for facilitating "parties of debauchery, orgies among male homosexuals" in exchange for money. The 21 others were charged with practising debauchery and "indecent public acts".
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Analysis: John McManus, social affairs reporter, BBC News
It is not illegal to be homosexual or engage in homosexual acts in Egypt. But the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) says the charge of "debauchery" is often used to crack down on homosexual activity in the country.
The charge is more often used in cases involving prostitution, but Egyptian legislation - specifically Law 10 of 1961, On the Combat of Prostitution - mentions "prostitution" and "debauchery" together.
The Collins English Dictionary defines the world as "an instance of extreme dissipation"; other descriptions relate to "sensual pleasures".
Homosexuality remains a social and religious taboo within Egypt. However, the country is not the only place where, while not illegal, it is punished or discouraged using other laws.
line
When the judge announced that they were all innocent, there were shouts of joy from their families.
"They destroyed our lives. God rescued us," one of the defendants, who would not give his name, was quoted as saying by the Associated Press.
One of the defence lawyers, Tarik al-Awadi, said: "The verdict is an accurate reflection of the law and we expected this outcome.
"However, the rights of the defendants will only be realised when [the authorities] put on trial the people who were involved in this, and who offended the honour of these people."
Several of the men have said they plan to pursue legal action against the Egyptian TV presenter, Mona al-Iraqi, who claimed she triggered the raid on the bathhouse on 7 December by tipping off the police about what was happening there. Days later, she broadcast footage that she said revealed "a den of mass perversion spreading Aids in Egypt".
Lawyers also said that at least one of the defendants was raped while in police custody, according to the Daily Telegraph's Louisa Loveluck.
The acquittal came less than a month after an appeals court reduced the prison sentences given to eight men convicted of "inciting debauchery" for appearing in a video allegedly showing a gay marriage.
Activists say the Egyptian authorities have launched a crackdown on the country's gay community over the past 18 months.
During that time, at least 150 men have been arrested or put on trial on debauchery charges, according to the Cairo-based Egyptian Initiative for Personal Rights.

Oppressive policies unite Egypt activists

Ahead of the fourth anniversary of the January 25 uprising, Egypt's Islamist and liberal activists, remain poles apart despite speculations that they may be considering some kind of rapprochement.
"The time has come for us to restore popular unity in preparation for a new wave of the January revolution," read a statement released by 20 Egyptian opposition groups on Sunday January 4.
The statement cited ongoing discussions and activities as part of a recent national reconciliation initiative between various activist groups that include the prominent youth activist group April 6 Movement, Journalists Against the Coup, and the Revolutionary Alliance of Egyptian Women. 
On November 29, both liberal and Islamist forces joined ranks for the first time in months when a protest of over 1,000 people gathered near Tahrir Square to demonstrate against the dismissal of charges against Mubarak.
A small group of Muslim Brotherhood supporters later joined the protest - making it the first significant demonstration in which liberal and Islamist forces had protested together since the days of direct military rule.


There have been several calls for unity by different groups over the past year, with seemingly limited impact. The recent statement is a reiteration of an initiative announced in January 2014, by April 6 Youth Movement which called for unity.
The Muslim Brotherhood has made several calls for unity, which have generally been greeted with scepticism by liberal groups.
statement released on November 30 by a group calling itself the "Muslim Brotherhood Youth" referred to mistakes made by the Brotherhood and called for unity across all factions.
Although the Muslim Brotherhood was not a signatory to the statement released on January 4, the statement said: "Everybody must take part in the quest for restoring unity."
Abdul Mawgoud al-Dardery, former spokesperson of the Foreign Relations Committee of the Muslim Brotherhood-affiliated Freedom and Justice Party (FJP), welcomed the call for unity.
"We are looking for consensus between all political forces and revolutionary forces," said Dardery, who is now based in the US.
"We don't have to agree 100 percent on every point. But we at least need to agree on the following: working together against military rule, and working together for democracy, freedom, and rule of law in the country. And then the rest is open for discussion."
Yet, beyond calls for unity on vague principles, contentious recent history tends to rear its head.
Many liberal and secular groups, including the April 6 movement, later accused former President Mohamed Morsi of becoming increasingly authoritarian during his rule and many supported Tamarod - a mass petition that called for new elections and culminated in huge anti-Morsi protests on June 30, 2013.
Current president, Abdel Fattah el-Sisi, who was defence minister at the time, stepped in to oust Morsi on July 3, 2013.
The ongoing rancour between the Brotherhood and non-Islamist groups soon surfaced.
"It was the secular groups that betrayed the Egyptian democracy, that betrayed Egyptian freedom," said Dardery in response to a question about the sense of betrayal felt by many liberals. He said that liberal groups needed to take action to regain the trust of Muslim Brotherhood members.
"They really need to condemn the military coup, they really need to state clearly that they believe in democracy, and that they believe in liberal ideas of freedom for all and justice for all," said Dardery. "And they need to stop this elitist mentality. But the fact of the matter is that they sided with the military against democracy."


However, Zizo Abdou, a spokesperson for the April 6 Youth Movement, told Mada Masr that the movement would definitely not reconcile with the Muslim Brotherhood. "We have other revolutionary forces to coordinate with. This will never include the Brotherhood," said Abdou.
Many analysts also think that a significant rapprochement between Islamists and liberals is unlikely.
Walid Kazziha, a political scientist at the American University in Cairo, thinks that, while any kind of call for wider unity could appeal to some secular youth elements, he doesn't "expect it will have wide support among the liberal and secular youth due to the mistrust they harbour towards the Islamists".
Nathan Brown, professor of political science and international affairs at George Washington University, says that "unless there is a broad range of groups - bridging the Islamist-non-Islamist divide - willing to coordinate and bring sustained pressure, I don't see much likelihood for the [most recent] initiative to have much impact".
Political rifts also go beyond a supposed Islamist/non-Islamist divide as opposition movements have splintered within themselves into smaller sects.
The original April 6 movement splintered into two groups in 2011 amid internal disagreements.
The leadership of the Muslim Brotherhood have denied the existence of the "Muslim Brotherhood Youth" and other reports have suggested that there have been disagreements within the group along generational lines.
Calls for protests against the authorities in November by the conservative-Islamist group Salafi Front weredenounced by the Salafist Call, which includes al-Nour Party - the largest Salafi group - that supported the ousting of Morsi.


Yet, Executive Director of the Egyptian Commission for Rights and Freedoms Mohamed Lotfy points to occasional differences between what is announced in the political sphere and what happens on the streets.
Lotfy says that a shared experience of repression and human rights abuses amid a crackdown on dissent is stoking anger and driving disparate groups of protesters together.
The authorities arrested or killed thousands of Islamists in the aftermath of Morsi's ouster, and later widened their crackdown on dissent to include secularists, liberals, and leftists. Both the Muslim Brotherhood and April 6 Youth Movement have been ruled as illegal by Egyptian courts.
"[Repression] has pushed a lot of people to reconsider their position towards demonstrating with the Muslim Brotherhood and you can see this on the university campuses," says Lotfy. Students with different political affiliations - angered by repressive security measures on campus - have increasingly protested together the last two academic years.
As January 25 - the fourth anniversary of the uprising against Mubarak - approaches, Dardery believes that the level of repression of dissent by the authorities and calls for unity between groups will boost protests. "I expect this will be an important step in the right direction to bring down the coup regime and replace it with a democratic alternative," said Dardery.
April 6's Amal Sharaf says the "call for unity with revolutionary groups can only have a good effect", but that, come January 25, "the movement will not be protesting alongside the Brotherhood".

UN mediates Libyan talks in Geneva

Talks between rival Libyan factions have started in Geneva with the aim of reaching a peace deal that could lead to the development of a unity government.
The UN is hosting the talks in the Swiss city amid warnings they could be the last chance for peace in the oil-rich North African nation.
Bernadino Leon, UN special envoy for Libya, said at the outset of the talks on Wednesday that he hoped armed factions would observe a ceasefire to support the process.
Al Jazeera's Zeina Khodr, reporting from Geneva, said several "important players" were not yet in attendance at the talks.
The talks are supposed to bring together delegates from the self-declared government which took over the capital Tripoli last year, as well as the internationally recognised government of Prime Minister Abdullah al-Thinni - and the armed forces allied to the rival administrations.
The new rulers of Tripoli said their legislature have postponed a decision over joining the Geneva talks until Sunday because of concerns about how the negotiations were organised.
Door remains open
Leon said the door would stay open and he was encouraged that several municipalities allied to Tripoli had decided to come.
The initial talks may last until Friday and could resume next week if the Tripoli faction decides to join, he said.
"We are proposing an agreement and we are proposing a new unity government to start solving their political differences," Leon said at a news conference.
"The second goal is to stop the fighting."
Libya has descended into chaos since the fall of Muammar Gaddafi in October 2011 after a NATO-backed revolt, with rival governments and fighters battling for territory.
The Tobruk-based internationally recognised government, which has lost control of much of the country, has pleaded for international help in combating the fighters.
On Tuesday, three Libyan soldiers were killed and four others wounded in a suicide car bombing on a road checkpoint west of Benghazi, according to a military official.
The Tobruk-based government's forces have been battling Islamist fighters for control of Benghazi for months.
Source:
Al Jazeera and agencies

Al-Qaeda in Yemen claims Charlie Hebdo attack

A top leader of Yemen's al-Qaeda branch has claimed responsibility for last week's attack on Paris satirical magazine Charlie Hebdo when two masked gunmen killed 12 people, including much of the weekly's editorial staff and two police officers.
Nasr al-Ansi, a top commander of al-Qaeda in the Arabian Peninsula, or AQAP as the branch is known, appeared in an 11-minute video posted online on Wednesday, saying that the massacre at Charlie Hebdo was in "vengeance for the prophet".
Al-Ansi said that France belongs to the "party of Satan" and warned of more "tragedies and terror". He said that Yemen's al-Qaeda branch "chose the target, laid out the plan and financed the operation".
The paper had published cartoons of the Prophet Muhammad, which is considered an insult to Islam.
"We, al-Qaeda in the Arabian Peninsula, claim responsibility for this operation as vengeance for the messenger of Allah," Ansi said in the video entitled "A message regarding the blessed battle of Paris."
AQAP was formed in January 2009 as a merger of the Yemeni and Saudi branches of al-Qaeda. Washington regards it as the network's most dangerous branch and has carried out a sustained drone war against its leaders.
"The leadership of (AQAP) was the party that chose the target and plotted and financed the plan... It was following orders by our general chief Ayman al-Zawahiri," Ansi said.
"The heroes were chosen and they answered the call," he said.
Speaking over footage of the attack that killed 12 people, Ansi said: "Today, the mujahedeen avenge their revered prophet, and send the clearest message to everyone who would dare to attack Islamic sanctities."
Ansi referenced a warning by the late chief of al-Qaeda, Osama bin Laden, who was killed by US commandos in May 2011. "If the freedom of your speech is not restrained, then you should accept the freedom of our actions," he said.
On Saturday, another senior AQAP member Harith al-Nadhari also claimed responsibility for the attack in an audio recording, saying the shooting was an operation to teach the French the limits of freedom of expression.
Charlie Hebdo had angered Muslims in the past by printing cartoons lampooning Mohammed and Islam.
Hollande's criticism
On Wednesday, French President Francois Hollande said that his country must show great determination against armed groups.
Hollande also criticised the international community for the slow response to the conflict in Syria, in a speech to troops aboard the Charles De Gaulle aircraft carrier.
Al Ja

"I continue to regret the fact that the international community did not act in the required time to stop massacres in Syria and prevent extremists from gaining even more ground," he said.
The claim of responsibility by al-Qaeda coincided with thereturn of Charlie Hebdo to newsstands, amid unprecedented demand that saw the paper to print five million copies.
The new issue features another cartoon of Prophet Muhammad on its cover, with tears in his eyes, holding a "Je Suis Charlie" sign under the headline "All is forgiven".
AQAP has a record of launching attacks far from its base in Yemen, including a bid to blow up a US airliner over Michigan on Christmas Day in 2009.
The group recently called for its supporters to carry out attacks in France, which is part of a US-led coalition conducting air strikes against fighters from the Islamic State group in Iraq and Syria.
Source:
Agencies

Saturday, December 6, 2014

US hostage killed in Yemen raid

American hostage Luke Somers, who was held by al-Qaeda in Yemen, has died during a rescue operation in the southern province of Shabwa, a senior official in the president's office has said.
Somers, 33, who was abducted in September 2013 while he worked as a freelance photojournalist forYemen Times, died from injuries sustained during the operation.
US Defence Secretary Chuck Hagel confirmed Somers' death and that of a non-US hostage, reported to be South African, saying they had been "murdered" by al-Qaeda during the rescue attempt.
Hagel said there were "compelling reasons" to believe Somers' life was in danger before the rescue operation was launched.
"Yesterday by the order of the president of the United States, US special operations forces conducted a mission in Yemen to rescue a US citizen Luke Somers and any other foreign nationals held hostage with him," Hagel said, speaking from Kabul.
"There were compelling reasons to believe Somers' life was in imminent danger."
The New York Times said Somers was shot at by his captors as the joint raid by US and Yemeni forces unfolded and was badly wounded when the commandos reached him. He died while being flown to a US naval base in the region, the paper reported.
Yemeni journalist Nasser Arrabyee told Al Jazeera the fighters originally tried to escape with Somers. He was apparently shot after his captors found themselves surrounded.
 
At least ten al-Qaeda fighters were also killed in the raid.
Somers appeared in a video released by al-Qaeda on Thursday in which he pleaded for help. His captors said in the same video that "he would meet his inevitable fate" unless the group's demands were met within three days.
His sister, Lucy, was quoted by AP as saying that she was informed by the FBI of his death. “We ask that all of Luke’s family members be allowed to mourn in peace,” she said.
The South African hostage who was killed in the failed raid was due to be released on Sunday, charity Gift of the Givers, the group that had been negotiating his release, said on Saturday.
"We received with sadness the news that Pierre [Korkie] was killed in an attempt by American Special Forces, in the early hours of this morning, to free hostages in Yemen," the NGO said.
"The psychological and emotional devastation to Yolande and her family will be compounded by the knowledge that Pierre was to be released by al-Qaeda tomorrow."

'Ultras' fuel Egypt's campus protests

Protests continued on university campuses across Egypt following the court verdict that cleared ousted President Hosni Mubarak of charges of killing protesters during the January 25 uprising.
The protesters comprise a broad mix of Islamists, liberals, leftists, independents and other non-affiliated students. The scale of protests prompted state-owned news website Al-Ahram to describe it as Egypt witnessing "a university uprising". 
But it was one group of activists that has given a sharper edge to many of the ongoing protests on university campuses across Egypt since the new academic year began on October 11: Ultras Nahdawy.
Ultras are generally known as hard-core football fans, but "Nahdawy" activists are not linked to any team. Most of their original members came from ultras groups supporting Cairo sporting clubs, al-Ahly Club and Zamalek Club.
According to its spokesperson, they formed a new ultras movement during the 2012 presidential campaign to support the Muslim Brotherhood candidate Mohamed Morsi, who later won the election. "We were the first political ultras in Egypt," the Nahdawy's spokesperson said.
But it was the escalating repression against students that brought the ultras and students, from across the spectrum, together.
Students have rebelled against a raft of government measures, which include pre-emptive arrests of students, and the banning of political activities and "insulting" the president on campus.
Universities have been given a military makeover, with the installation of steel walls, barbed wire, metal detectors and CCTV, backed by a heavy-handed security presence in and around campuses.
The new measures were designed to prevent a repeat of the anti-government protests that occurred during the last academic year, in which at least 16 students were killed and hundreds arrested.

OPINION: The undone revolution in Egypt

Ultras in Egypt are renowned both for their fanatical support of their clubs and for their willingness to confront the guns and batons of the security forces.
"We took the culture of the ultras in the stadiums and tried to copy and paste it into the street," said Zizou, a supporter of al-Ahly who declined to give his real name for security reasons.
The majority of Nahdawy members are in high school, but many of the more senior members are university students.
Ultras Nahdawy members have been a small, but prominent, part of many protests. Their chants, songs, flares and fireworks have been particularly notable during demonstrations, particularly at al-Azhar and Ain Shams universities. They are also active in regular Friday protests in their own neighbourhoods.
"Nahda", meaning "renaissance", is the term used to refer to the Muslim Brotherhood's economic and political project. 
The creation of Ultras Nahdawy was controversial among football fans and many chose to keep their membership hidden after some were booted out of their original ultras groups when their Nahdawy alliances were discovered.
They claim to put aside their footballing rivalries within their group to focus on the political collective.
They were involved in the protests that followed the military's ousting of Morsi in July 2013.
Following the violent dispersal of the pro-Morsi sit-in at Rabaa al-Adaweya on August 14, 2013, they were forced underground and began operating secretly to evade the authorities and occasionally pop-up at demonstrations.
We took the culture of the ultras in the stadiums and tried to copy and paste it into the street.
- Zizou, an ultras activist
Many have been arrested under the Protest Law, which effectively outlaws demonstrations that are not sanctioned by the authorities.
From an estimated membership of between 1,500 and 2,000, they claim that around 350 have been arrested and 14 killed since the military ousted Morsi.
Ultras Nahdawy activists claim that they no longer have any official link with the now-banned Muslim Brotherhood, although their core demographic still appears to be Islamist. They say that their membership has widened.
"During the January 25 revolution we had our demands and they are still the same: bread, freedom, justice," Zizou said.
"But now we are also calling for an end to military rule, freedom for the prisoners of conscience, and democratisation - because SCAF [the military leadership] violated democratic principles when they kicked out Morsi."
Morsi, currently imprisoned and facing multiple charges, is reviled by many Egyptians for his perceived authoritarianism and economic mismanagement while in power.
The Nahdawy are part of a diverse mix of student protesters, many of whom are secular and oppose the Nahdawy's call for Morsi to return. Yet, repression is forging a degree of solidarity as students and ultras across the political spectrum call for academic and political freedom.
Reem Khorshid, a student at Cairo University, in a recent article for the independent media online platform, Mada Masr, wrote that she knows students who are politically indifferent but who would side with Muslim Brotherhood-supporting colleagues against the security forces.
"The state's vendetta against the student body doesn't only include supporters of ousted President Mohamed Morsi," wrote Khorshid. "All students feel chafed at the new draconian procedures on campus."

RELATED: Egypt: 'The counterrevolution is at its peak'

In his address at Cairo University in late September, President Abdel Fattah el-Sisi declared: "I love Egypt's youth and consider them my children," before warning students against engaging in "malicious" activities and urging them to view the university as solely for education.
Yet, at least one student has died in ongoing confrontations and at least 230 have been arrested so far in this academic year as students vent their anger at the security measures.
The authorities' repression of student dissent is part of a wider crackdown on secular activists, the media, NGOs, and other ultras groups.
A Cairo court is currently considering a lawsuit to ban Zamalek Sporting Club's Ultras White Knights (UWK) group following a series of clashes in the past few months.   
As one of the few groups to regularly confront the security forces in the streets during Mubarak's era, ultras were active beyond the stadiums long before the formation of Ultras Nahdawy. When the January 25 uprising broke out in 2011, ultras were at the forefront of protests that toppled the dictator.
"Spectators have been banned from attending football matches for much of the last three and a half years and certainly since the Port Said incident in February 2012, which tells you to what degree the regime views the ultras as a problem or a threat," says James M Dorsey, author of a forthcoming book on football in the Middle East.

Analyst: Egypt protests 'beyond the Muslim Brotherhood'
Dorsey recently wrote that "protesting students backed bymilitant football fans have turned university campuses into the new stadia", battling with the authorities over public space.
Some analysts believe the restriction on students, ultras and other groups, may encourage some to become more politically active, and may push others into radicalisation.
"The crackdown will help to nurture violence among young people in general and especially among the ultras," says Yasser Thabet, author of several books on Egyptian ultras and football.
He believes that some may be tempted to join more radical groups. "Due to the violent confrontations, especially in the universities or at protests, some may move from direct to indirect confrontation which might include even more violence."
Ultras Nahdawy claim to follow non-violent principles of protest, although Gandhi might not approve. According to Zizou: "If the police attack us, we defend ourselves with fireworks."
But they also concede that some members are losing patience with "peaceful" protest, especially due to the level of violence they are facing from the authorities.
" Against the political ultras [such as Nahdawy], the police use live ammunition and birdshot," claimed Zizou. "With the sporting ultras, they just arrest them to scare them or teach them a lesson, to make them bite the bullet. For us it is tougher."
The targeting of students and ultras is nothing new in Egypt, analysts argue, but the scale of the recent repression is perhaps unprecedented. "We should assume that if attacks from the police continue, the youth will eventually explode," said one ultras activist.
Source:
Al Jazeera