[Congressional Record (Bound Edition), Volume 161 (2015), Part 13]
[Senate]
[Pages 17991-17992]
[From the U.S. Government Publishing Office, www.gpo.gov]




                       DETENTION OF HOSSAM BAHGAT

  Mr. LEAHY. Mr. President, there is no right that is more fundamental 
to a democracy than freedom of expression. When this right, enshrined 
in the Universal Declaration of Human Rights, is threatened or 
curtailed, dictatorship is the predictable result. Regrettably, that is 
what we see happening in Egypt today.
  Like others here, I received word this morning that Hossam Bahgat, an 
Egyptian journalist and one of that country's prominent human rights 
defenders, has been detained and may be charged in military court. He 
is apparently accused of publishing false news related to an article 
about an allegedly foiled military coup.
  According to information I have received, an October 13 article by 
Mr. Bahgat described the military prosecution of 26 officers and 2 
Muslim Brotherhood members for allegedly planning to overthrow the 
government. The next day, the same publication printed the article in 
English under the title, ``A coup busted?'' For this, Mr. Bahgat is 
being investigated by military prosecutors and could face 1 or more 
years behind bars.
  According to Mr. Bahgat's article, which was based on the indictment 
in that case, authorities had summoned or arrested most of the 
defendants in April. Some of the detained officers alleged that they 
were tortured during interrogations inside military intelligence 
headquarters. Eight of the officers and the two Muslim Brotherhood 
leaders who were prosecuted in absentia were sentenced to life in 
prison, Mr. Bahgat reported. The rest were sentenced to between 10 and 
15 years.
  Lawyers for Mr. Bahgat have reported that military prosecutors are 
investigating him for allegedly violating articles 102 and 188 of the 
penal code, both of which are minor, vaguely worded offenses that 
concern the publication of false news.
  Article 102 allows the prosecution of anyone who ``intentionally 
broadcasts false or tendentious news, data, or rumors, or propagates 
subversive propaganda, if this is liable to disturb the public 
security, spread terror among the people, or harm the public 
interest.'' It provides for an undefined period of detention and a fine 
of up to 200 Egyptian pounds, US$25.
  Article 188 allows prosecution of anyone who ``with ill intent 
publishes false news, data, or rumors, or forged or fabricated papers, 
or falsely attributed to others, if this is liable to disturb the 
general peace or provoke panic among the people or harm the public 
interest.'' It provides for detention of up to 1 year and a fine of up 
to 20,000 Egyptian pounds, US$2,490.
  According to Human Rights Watch, Mr. Bahgat was not the first 
journalist to report on the alleged military coup. In a statement, Mr. 
Bahgat's lawyers stated that he had no criminal intent and that other 
media outlets had previously reported the verdict.
  It is well established that civilians should not be prosecuted in 
military courts, yet that is what is happening to Mr. Bahgat. In 
October 2014, President al-Sisi greatly expanded military court 
jurisdiction for a period of 2 years, allowing the military prosecution 
of civilians for crimes that occur on ``public'' or ``vital'' property. 
Since then, Egyptian media outlets and human rights groups have 
reported that thousands of civilians have been charged in military 
courts, many of them for acts related to protesting and the Muslim 
Brotherhood.

[[Page 17992]]

  Egypt's military courts operate under the authority of the Ministry 
of Defense, not civilian judicial authorities. According to human 
rights groups, they typically deny defendants the rights accorded by 
civilian courts, including to be informed of the charges against them, 
the right to a lawyer, and to be brought promptly before a judge 
following arrest. This is particularly concerning given the pattern of 
abuse of detainees in Egypt.
  As a former prosecutor who has served as both chairman and ranking 
member of our Judiciary Committee, I have spoken many times about the 
importance of an independent judiciary. Nowhere is this needed more 
today than in Egypt, where sham trials, some lasting only a few 
minutes, followed by sentences of death or life in prison, are common.
  I hope the Egyptian Government will see the wisdom of proceeding no 
further in its attempt to silence reputable journalists like Mr. 
Bahgat. Sometimes the news is favorable; sometimes it is unfavorable. 
That is the way life is, and it is not for government officials--
whether elected or unelected--to decide what their citizens should 
read.

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