Mahmoud Salem
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I know I didn't write about my visit to Abdel Karim's trial last week, but that's because others did, and there isn't that much of a difference between my experience and theirs. However, what I can offer is insight to what is going to happen tomorrow when his trial resumes. 

Here is the deal: Abdel Karim Lawyers used a very interesting defense strategy: They asked the court to appoint an expert on telecommunications to find out where the Razgar website server is located. The idea is that if it's located outside of Egypt, then the publishing of the articles happend also outside of Egypt, which would mean that the Egyptian courts are operating outside of their jursidiction. It's a similar argument to that used by Yahoo's lawyers in the famous Yahoo Nazi memrobilia case. The Judge said that he will think it over, and delayed it all for a week to do just that.

The fact that he only delyaed the case for a week means one of two things: 1) Either the higher-ups couldn't come back to him with instructions on how to act in regards to those demands or 2) He actually wants to figure out all that website/server stuff before making a decision. If he allows it, then the lawyers may have a chnace of a case here, and the trial would take at leats a 3 week hiatous until such an expert is dispatched. If he doesn't allow it and asks the defense to proceed with their defense without that demand met, then the lawyers will withdraw their representation and resign from Katim's defense as a form of protest. That's the game plan tomorrow!

The thing is though, if this demand isn;t met, then the Judge will very likely issue a verdict tomorrow. When I asked the lawyers what they thought the sentence will be, they told me that they think that he will get convicted for the disdain for religions charge and get acquited on the other two charges. This is based on 2 reasons: 1) The evidence for that specific "charge" is huge, unlike the other two and 2) there hasn't been a single case of acquittal in a disdain for religions trial yet. People accused of that always end up in jail. Always.

So I guess we know tomorrow!

Till then… 

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9 thoughts on “Strategy

  1. My best wishes!

    What a sign of weakness it would be to convict the fellow, and what a blasphemy to use religious “reasoning”. How divine could a god be who needed “defence” by human jurisdiction.

  2. What is “disdain for religions”?

    If somebody says to me “It is my religious duty to kill everybody who does not agree with me on the subject of religion” and I say “You’re a damned liar,” am I guilty of “disdain for religions” or merely correct?

  3. Oh God. Well, I hope this silly ploy works.

    It’s CRAZY how the judicial system in Egypt works…and of all of Egypt’s institutions aren’t they supposed to be independant??

    Free Kareem!

  4. A very sad state of affairs. I hope his lawyers are successful – he shouldn’t even need lawyers.

    Having said that, this “The idea is that if it’s located outside of Egypt, then the publishing of the articles happend also outside of Egypt” sort of reminded me of the Bush administration’s position (eventually a loser) on Guantanamo Bay detentions, arguing that U.S. courts did not have jurisdiction to hear habeas petitions from foreign nationals held their because it was not on U.S. soil.

    Please Egypt – do that right thing. Aren’t you supposed to be a “secular” state anyway?

  5. I hope this ends soon for Karim and the outcome is postive. I guess as an American I just take freedom of speach for granted.

  6. I hope all this gets resolved without any guilty verdicts at all, one way or another. It really might be in Egypt’s best interest if they dismissed the case. A conviction sets a horrible precedent, and there will be repercussions, not just for bloggers!

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