Patrick George Zaki v. Egyptian State
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Summary
Facts
Patrick George Zaki, a researcher with the Egyptian Initiative for Personal Rights (EIPR), was arrested on 7 February 2020 at Cairo International Airport upon returning from Italy, where he was pursuing a master’s degree at the University of Bologna. He had come home for a short visit when he was detained, blindfolded, and transferred to the National Security Sector headquarters in Cairo and then Mansoura. There, he was subjected to intense interrogation about his work and activism, and reportedly tortured with beatings and electric shocks. Zaki spent 22 months in pretrial detention without formal trial proceedings. In September 2021, the Supreme State Security Prosecution referred him to trial under Case No. 1086 of 2021, charging him with “disseminating false news” under Articles 80(d) and 102 bis of the Egyptian Penal Code. The charges were based solely on a 2019 opinion article published on the “Daraj” news website, in which Zaki described a week in his life as a Christian Egyptian, highlighting the discrimination faced by religious minorities in Egypt. Despite being released pending trial, Zaki remained under a travel ban.
Legal Question
Did the Egyptian state’s arrest, prolonged detention, and prosecution of Patrick Zaki for publishing a personal article on religious discrimination violate his right to freedom of expression? Did the use of an exceptional emergency court, which provides no right to appeal, violate the defendant’s right to a fair trial and access to justice?
Decision
On 18 July 2023, the Emergency State Security Misdemeanors Court in Mansoura sentenced him to three years in prison. The Emergency State Security Court found Patrick Zaki guilty and sentenced him to three years imprisonment. However, the verdict was never executed as he was granted a presidential pardon one day later. The court’s decision was final and not subject to any appeal due to the exceptional nature of the court.
This case is profoundly detrimental to digital rights as it exemplifies the weaponization of anti-terrorism and “false news” laws to criminalize online free expression and peaceful activism, while the use of an non-appealable emergency court severely undermines the fundamental right to a fair trial.