Al Jazeera Journalist Mohamed Fahmy Should Be Released Not Retried in Egypt | Amal Clooney.
On 1 January 2015, the Egyptian Court of Cassation issued a ruling upholding the appeal filed by Mohamed Fahmy to overturn his conviction and 7-year sentence. In so doing, Egypt’s highest court has recognized that there were legal errors in the original trial. But instead of releasing Fahmy, the Court ordered a retrial and declined to grant him bail. The Court’s reasoning and the position of the prosecution on the re-trial are due to be published in the coming weeks.
Mr. Fahmy is a journalist who was convicted of reporting false news and supporting the Muslim Brotherhood. These allegations are not true and were not backed by any evidence at trial. Mr. Fahmy has never supported the Brotherhood. There was no evidence presented at trial that showed that he ever fabricated a report or knowingly made a false statement. He is serving a draconian sentence for simply reporting the news.
A re-trial process is lengthy and its outcome is uncertain. It is also not clear how a new process would fix any of the deficiencies in the original trial. The charges themselves are a violation of the right to free expression under Egyptian and international law. There are no guarantees that a new panel of judges would respect due process or demand cogent evidence before concluding that a crime was committed. Fahmy cannot therefore count on the retrial process to offer a just or swift solution.
