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Date: 2002-01-05

Cybercops in schwulen Chatrooms


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Ägyptens Polizei hat offenbar nichts besseres zu tun, als Agents
Provocateurs in Chatrooms Streife gehen zu lassen, um Schwule des
Schwulseins zu "überführen" und vor Gericht zu bringen.

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Barely two weeks after 23 men were condemned in Cairo to serve prison
terms at hard labor for homosexual behavior, two Egyptian university
students were sentenced under the same law. Their crime: responding to an
undercover police agent's request for gay contacts in an Internet chatroom.

The case clearly demonstrates a continuing campaign of entrapment by the
Cairo Vice Squad. It also shows the scope given to intolerance and abuse
by Egypt's Law 10 of 1961 on the Combat of Prostitution, which is regularly
used to jail and discredit men suspected of homosexual behavior.

One of the two students, who did not appear at his trial and was sentenced in
absentia, was condemned to one year in prison and one year of probation;
the other received three months in prison and three months' probation.
IGLHRC calls for an immediate pardon for both. IGLHRC again calls on
Egypt's President Hosni Mubarak to pardon the 23 men convicted in Cairo in
November, to investigate patterns of intrusive and abusive behavior by the
Vice Squad, and to put an end to legally fostered persecution and
discrimination.
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On December 19, the Egyptian daily Al Ahram reported that two university
students had been convicted for alleged homosexuality. The report appeared
on the same day that Mahmoud, a 16 year-old convicted in the "Cairo-52"
case, was freed by an appeals court in Cairo. According to the article
(possibly timed to obviate any suggestion of leniency which Mahmoud's
release might provide), a security agent posing as gay arranged a meeting
where the two were arrested.

A number of confusing press accounts followed, with CNN and the
Associated Press reporting that the men had been accused of "setting up a
website" where they sought gay contacts. According to the Associated
Press, judicial officials, "speaking on condition on anonymity," stated the
men had been convicted on December 18, and had offered gay sex for 100
Egyptian pounds per hour.

The files in the case show many of these statements were misleading. The
case was initiated by Major Essam Abul Ezz of Cairo's Vice Squad. On
September 15, 2001, Major Abul Ezz, posing as a gay man, used a Yahoo
chatroom where he "spoke" to the two defendants separately. He arranged to
meet them separately, but on the same day, near the Ramses Hilton Hotel.
There, he arrested both. The defendants were respectively 19 and 22 years
old, and were students at two of Cairo's universities.

The Major testified to the Public Prosecutor that one of his "confidential
secret sources" had assured him that many homosexuals offer sex on the
Internet in exchange for money. Yet this allegation did not motivate the
arrests--the Major accused only one of the defendants of asking for money in
return for sex--nor did it figure in the final charge. Both men were charged
under Article 9(c) of Law 10/1961, with "habitual practice of debauchery."
This was the same charge used against the 52 men arrested in the Queen
Boat discotheque on May 10/11 of this year. It is used in Egyptian law as a
catch-all to cover consensual homosexual behavior between men, and (unlike
other provisions of Law 10/1961) does not entail the exchange of sex for
money.

The lawyer of Sherif A., one of the two men, stated subsequently at the trial
that his client had been subjected to beatings at the Vice Squad.
Nonetheless, both defendants pleaded not guilty when taken before the
Public Prosecutor at Boulaq Abul Ella. (Boulaq Abul Ella--a district in
downtown Cairo, near the Ramses Hilton--is different from Boulaq Al-Dakrour
in Giza, where IGLHRC mistakenly believed at first the men had been
arrested.) They were referred to the Administration of Forensic Medicine for
anal and genital medical examination (a practice IGLHRC has condemned as
invasive and abusive) and, according to the file, were both found "used." They
were released by the prosecutor after charges were pressed.

Only Sherif A. appeared at the trial on December 5 (not December 18, as
press reports indicated). Neither Islam A. nor his lawyer attended; possibly
as a consequence, he received the longer sentence, one year in prison and
one year's probation. He is believed to be in hiding. Sherif A. was sentenced
to three months in prison and three months' probation. He appealed the
sentence; his appeal was heard, and rejected, on December 22.

IGLHRC has monitored the Egyptian situation consistently since the
beginning of what now appears to be a wave of arrests, in May 2001. Detailed
information on earlier developments can be found in previous IGLHRC alerts,
including:
"Emergency Court Trials for Homosexual Suspects" (statement by IGLHRC
and Human Rights Watch), July 3, 2001
(http://www.iglhrc.org/news/press/pr_010703.html).

"Fact Sheet: Egyptian Justice on Trial: The Case of the Cairo 52,"
October 15, 2001
(http://www.iglhrc.org/world/africa/Egypt2001Oct.html).

"Egypt: Teenager Released from Jail After His Sentence Is Reduced on
Appeal," December 19, 2001
(http://www.iglhrc.org/news/press/pr_011219.html).

See also a Press Information Note, "Explaining Egypt's Targeting of
Gays," published by the Middle East Research and Information Project
and republished by IGLHRC, at
http://www.iglhrc.org/world/africa/Egypt2001Jul.html.
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edited by Harkank
published on: 2002-01-05
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