Egyptian Christian Wins Right to Appeal

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CWN.org -- A Supreme Court judge in Egypt on Nov. 22 granted Christian Bahia El-Sisi the right to appeal her conviction for falsification of documents - a charge stemming from her official papers not identifying her as a Muslim.

In addition, Judge Abdel Meged Mahmood on Nov. 25 rescinded a Sept. 23 warrant for El-Sisi's arrest, declaring that she should be free pending a final decision. Mahmood is the same judge who in January freed El-Sisi's sister, who had been convicted on the same charges of "forgery."

The charges against El-Sisi and her sister, Shadia El-Sisi, claimed that their marriage certificates contained false information that they were Christians. Unknown to them, their religious identity officially changed 46 years ago due to their father's brief conversion to Islam. Both are illiterate.

In the Nov. 22 hearing granting Bahia El-Sisi the right to appeal, Mahmood noted that her marriage certificate made no mention of her religion, according to her lawyer.

Investigation into the sisters' religious status began following a visit made to their father, Nagy El-Sisi, himself in prison for forgery. Nagy El-Sisi, who had briefly converted to Islam in 1962 before reconverting three years later, obtained a forged Christian ID because there is no official means for converting from Islam in Egypt.

Under sharia , which heavily influences Egyptian law, the sisters are considered Muslims due to their father's conversion. They learned that their father had briefly converted to Islam only recently, long after getting married, and had no idea they could officially be considered Muslims.

Both sisters were originally charged with forging official documents and sentenced in absentia in 2000; each was given a three-year jail sentence.

Shadia El-Sisi was not arrested until August 2007, and her first hearing was on Nov. 21, 2007 at the Shobra El-Khema criminal court. Judge Hadar Tobla Hossan sentenced her to three years in prison.

She was in prison until Jan. 13, when Mahmood retracted the sentence because she was unaware of her conversion by proxy and due to legal technicalities that voided incriminating evidence.

Bahia El-Sisi was held for over two months between May and July of this year. She was then released pending a final court decision. She told Compass about her recent experiences.

"There is no rest in prison, and I was tired and unable to get enough rest or enough food," she said. "Everybody was left to fend for themselves."

For more than four months she was in hiding, moving from place to place to avoid another arrest.

"I can't go near the house, I move from one place to another," she said before the arrest warrant was rescinded. "I rarely see my children, I am worried about them."

On Sept. 23, Hossan ruled that El-Sisi had forged documents and that the three-year prison sentence would stand. In the Nov. 22 hearing, Mahmood ruled that there was no evidence El-Sisi had forged documents, as no such documents could be produced as proof; the marriage certificate in question did not state her religion, said her lawyer, Peter Ramses.

Mahmood ruled that Hossan's decision was "so bad and so wrong," said Ramses. "Then Mahmood gave a decision saying to the police, 'Don't arrest her.'"

Bahia El-Sisi's six children anxiously awaited the outcome of the appeal, fearing that, in a domino effect, their religious status may also have to change following a negative outcome.

El-Sisi remained defiant.

"I am a Christian, I will remain Christian," she told Compass. "Christ in front of me will guide my steps."

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