Cairo, Port Said on 23rd June, 2008
Misdemeanors Court of Azzohour has decided to postpone the hearing of the defamation case filed by “Trust Chemical Inc.” against Tamer Mabrouk the owner of the blog named: “el-Hakika el-Masria” – The Egyptian Truth- www.elhakika.blogspot.com – to the 7th of July for the hearing of the Defense Committee of the blogger Tamer Mabrouk.
The session of today witnessed positive progress, indicating the truthfulness of the blogger’s publication, where the reports sought and received by the court made by both of the Ministry of Environment Office and the Industrial Security Committee were found supporting to the information published in the blogger web site, and that the waste which the Trust Chemical Co. throws in el-Manzalah lake is really polluting the environment.
The defense committee had concluded their demands requesting court to move and see on ground the lake area and the waste locations used by Trust company
The court had rescheduled its session to the 7th of July next, for hearing the defense advocacy, and obtaining the Constitutional Supreme Court’s certificate to state the acceptance of appeal on the articles related to the defamation “302, 303, 306, 307 of the penal code”, for the contradiction of those articles with the article 19th of the International Covenant on the Civil and Political Rights that ratified by Egypt, thus become a local legislation since 1981, as well as the consideration of the international covenants as constitution’s complementary and supersede the law provisions. Further to this, the international covenant came in a later date to the penal code’s which issued in 1937; in comply with the legal rule that the most recent provision override the earlier one.
“Challenging the defamation articles as unconstitutional, does not only stand as an important progress in Tamer Mabrouk’s case, but resemble a new hope for all of the authors and journalists who are being charged of these hateful offenses. Gaining a judgment of unconstitutionality of these articles resembles a victory for the expression in Egypt” said the rights institutions defending Tamer Mabrouk, the Arabic Network for Human Rights Information, Mosawah Association for Human Rights, and the Egyptian Center for Housing Rights.
The Arabic Network for Human Rights Information “ANHRI.NET”
Mosawah Association for Human Rights
The Egyptian Center for Housing Rights
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