Cairo: Egypt’s highest court Thursday revoked jail sentences against three Al Jazeera TV journalists, but refused to release them pending a retrial, a defence lawyer said, in the latest twist in the high-profile case.
“They will remain in custody until their case starts at the new court,” lawyer Shaaban Saeed said following a brief hearing by the Court of Cassation in Cairo.
The top appeal court ruled that the case of Australian Peter Greste; Mohammad Fahmi, who holds dual Egyptian-Canadian citizenship; and Mohammad Baher, an Egyptian national, be referred to a new court circuit.
“The new court will decide whether or not to release the defendants,” Saeed added.
The defendants did not attend Thursday’s hearing, which lasted for around 30 minutes amid tight security.
In June, the Cairo Criminal Court sentenced the three to jail terms ranging from seven to 10 years on charges of aiding the outlawed Muslim Brotherhood and spreading false news about Egypt.
The defendants pleaded innocent, saying they were doing their job in reporting about events in Egypt.
The verdicts triggered an international outcry and raised concerns about freedom of expression in Egypt.
In his argument before the Court of Cassation, Saeed requested the defendants, working for the Qatari-owned Al Jazeera TV network, be released, saying that the sentences against them were based on faulty procedures.
“”The defendants were coerced into making confessions,” he said without elaborating.
He added that the three had been referred to trial in January on charges of aiding a terrorist organization , i.e. the Muslim Brotherhood, although a law officially designating the Islamist group as terrorist officially took effect in April. “This is illegal.”
Saeed expected the new trial to begin in a month and be short.
In November, Egyptian President Abdul Fattah Al Sissi, who temporarily wields legislative authority, issued a presidential decree giving him the right to deport foreigners charged or convicted in Egypt to their home countries to be tried or serve sentences “when this best serves the public interest”.
The deportation will be based on a request from Egypt’s chief prosecutor and after an approval by the cabinet, according to the decree.
The presidential law has raised expectations for a speedy end to the Al Jazeera case, which has hurt Egypt’s image.
These expectations are nourished by Saudi efforts to end an 18-month feud between Egypt and Qatar over the latter’s staunch backing to the Brotherhood and Islamist president Mohammad Mursi toppled by the army in 2013 following enormous street protests against his rule.
Under Egyptian law, the head of state has the power to pardon convicts but only after a final verdict is issued.
Al Sissi, who took office in June, has repeatedly said he would have preferred if Al Jazeera journalists had been deported when arrested in December 2013 rather than put on trial.
