Eight men were sent to prison today in Cairo, because their faces flickered through a video that prosecutors said showed a “gay wedding.” They got three years; after that, they’ll serve another three years’ “probation,” sleeping every night from dusk to dawn in a police station. Their lives are ruined.
It’s not even clear yet what charges they were convicted of. The heavy book thrown at them seems to have included “incitement to debauchery” (fujur, the term of art for male homosexual conduct in Egyptian law); that’s article 14 of Law 10/1961, in itself worth up to three years in prison. There were also articles 178 or 179 of the criminal code, anti-pornography provisions that punish “manufacturing or possessing materials that violate public morals,” or “inciting passersby to commit indecency on a public road.” The charges were ridiculous. The defendants didn’t spread the video or incite anyone to anything — when the film went viral on YouTube, those who were in it tried desperately to get it taken down. The film clip wasn’t remotely pornographic. YouTube is not a public road. There was no proof the men were gay. A representative of the country’s Forensic Medical Authority — who inflicted abusive and intrusive anal examinations on them all, and found even by those bogus standards they were “unused” — said, “The entire case is made up and lacks basis. The police did not arrest them red-handed and the video does not prove anything.” In Egypt, though, trials no longer proceed through proof, just prejudice and fear. Rampant political opportunism trampling the remains of rule of law: that’s General Sisi’s Egypt.
On October 26, in a court in a sun-baked Cairo military compound, 23 defendants also got three years in prison, and three years of further dusk-to-dawn confinement. They included my friend Yara Sallam, a feminist and human rights activist, and six other women, and sixteen men. Among them also were Sanaa Seif, a young democracy activist, the daughter of the late, heroic human rights lawyer Ahmed Seif el-Islam, who died in August while working on her defense; a well-known photographer, Rania El-Sheikh; Mohammed Anwar or “Anno,” a revolutionary veteran who was a gifted member of a modern dance company as well; and more. Their crime was being on the scene of a peaceful June 21 demonstration near the Presidential Palace. The protest was against Egypt’s new, repressive protest law, which the military government imposed by decree last year. The law lets the state imprison anyone who voices opposition in the streets without permission. It’s meant to put any and all dissent in its proper place: a penitentiary.
“This is a politicized sentence. There isn’t any evidence against the defendants,” one of the defense attorneys told the media after the verdict came down. Who the hell cares? The day after the verdict Sisi excreted a new decree. It gives military courts jurisdiction over crimes committed in almost any public spaces. The security establishment saw its powers expand exponentially at a penstroke, like a black mushroom cloud ballooning out to darken the country. More and more civilians will appear before military prosecutors and military judges, to face military sentences, their civil rights shrunken to scraps and rags. Meanwhile, Sanaa Seif’s sister Mona Seif (who has campaigned for years against military trials for civilians) and her mother Laila Soueif are on a hunger strike to protest the increasingly total reach of state repression. Before last week, they refused food; since the verdict, they have refused liquids as well. No one doubts: the government would like to see them die.
Three years for peaceful protest; three years for exchanging rings. Every trial in Egypt these days is a travesty. “Travesty” has many meanings, among them a joyous play with gender; in Latin America, in Turkey, travesti refers to trans people, whose communities subvert some of the most rigid social norms. And trans people have been among the victims of Egypt’s regime, rounded up in bars and on streets and in private apartments for defying the military definition of conformist, nationalist, ideal manhood. Self-expression looks like dangerous deception to the Sisi state.
That’s the state’s inward irony, its private joke. By the draconian terms of Egyptian law these travesties of trials themselves should be jailed: for assuming false identities; for conspiring to deceive; for defrauding the public they claim to defend; for cross-dressing as justice.