LGBT Rights in Egypt - Criminal Laws

Criminal Laws

Egypt is influenced by the civil law system. As the criminal code is silent on the subject of private, adult and consensual homosexual acts, and cross-dressing, they are not de jure illegal in Egypt. However, since 2000 certain laws have been used to impose what amounts to a de facto ban on homosexuality and cross-dressing.

In 2000, police arrested an Egyptian gay couple and charged them with, "violation of honor by threat" and "practicing immoral and indecent behavior". Their lawyer asked that the charges be dropped because homosexuality is not a crime, but the judge refused on the grounds that two men had in fact "offended" religious and moral standards . The incident became a media sensation, promoting various public figures to view homosexuality as a product of Western decadence and demand that the government execute homosexuals or send them to mental institutions to be reformed .

Within a year, the Egyptian government began a public crackdown on Egyptian gay men by raiding private parties, arresting the guests and charging them with various laws, including violating the "Public Order & Public Morals" code, enacted in the 1990s to combat "Satanic" and "lewd" expressions, as well as engaging in prostitution and "violating the teachings of religion and propagating depraved ideas and moral depravity." .

The first of these raids was at a Cairo boat party, where all the Egyptian gay men, fifty-two, were arrested and charged with violating these vague public morality laws. The "Cairo 52" were arrested and tried on vaguely worded laws such as "violating the teachings of religion", "propagating depraved ideas", "contempt of religion" and "moral depravity." Due to logistical purposes, a copy of the Egyptian Penal Code is not easily attainable by foreign persons of interest, or interest groups who cannot read Arabic. The Human Rights Watch has translated and published portions of the penal code online.

The Cairo 52 were defended by international human rights organizations such as Human Rights Watch, and Amnesty International. However, they had no organized internal support, plead innocent, and were tried under the state security courts. Members of the German parliament and the French President called upon the Egyptian government to respect the human rights of its LGBT citizens. Twenty-three of the defendants were sentenced to prison with hard labor, while the others were acquitted. More men have been arrested in various raids on homosexuals, although foreigners tend to be released quickly.

In many recent situations, the men are being arrested for meeting or attempting to meet other adult men through various Internet chatrooms and message boards. This was the case on 20 June 2003, when an Israeli tourist in Egypt was jailed for homosexuality for about fifteen days before he was eventually released and allowed to return to Israel. On 24 September 2003, police set up checkpoints at both sides of the Qasr al-Nil Bridge, which spans the Nile in downtown Cairo and is a popular place for adult men to meet other men for sex, arrested 62 men for homosexuality.

In 2004 a seventeen-year-old private university student received a 17 years sentence in prison including 2 years hard labor, for posting a personal profile on a gay dating site.

The Egyptian government's response to the international criticism was either to deny that they were persecuting LGBT people or to defend their policies by stating that homosexuality is a moral perversion.

In 2009, Al Balagh Al Gadid, a weekly Egyptian newspaper was banned, and two of its reporters were jailed for printing a news article that accused high profile Egyptian actors Nour El Sherif, Khaled Aboul Naga and Hamdi El Wazir of being involved in a homosexual prostitution sex ring and in bribing government agents to cover up their involvement .