Advocate May 2006

Newsletter
THEADVO CATE
A
P U B L I C A T I O N
O F
S H A L A K A N Y
L A W
O F F I C E
May 2006
Issue No.7
On the Trail of the Incas
Total Solar Eclipse
in Salloum, Egypt
“El Salam 98”
Macho Pichu, Peru-Photo by Khaled El Shalakany
and the Legal Standing
of a Missing Person under
Egyptian Law
The History
and Symbolism of
Easter
2
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Editor’s Letter
3
Danish Cartoons and other Sinister Buttons
There has been much written about the now infamous Danish cartoons. I simply want to point
out three things. Firstly, that strength of belief should with maturity allow people to disregard with
contempt any insensitive or inappropriate ridicule of what they hold as sacred. With maturity
and strength there is no room for rage, simply contempt. Secondly, those in the West who have
a minimal level of education and intellectual ability, understand very well the level of hypocrisy
and double standards that would cause Kenneth Livingstone, the elected mayor of London, to
be suspended from work because he 'hurt the feelings of a Jewish reporter' by suggesting that
he acted like a concentration camp guard, or the imprisonment of an author for three years
because he claimed many years ago that the Holocaust never took place (he was sentenced
even though he recanted his statement). What freedom of speech are we speaking of if it applies
differently to different kinds of 'speech.' Thirdly, it is no coincidence that with the danger of Hamas
being elected as the representative of the Palestinians, the Danish cartoons were specifically
commissioned and then first published, and then after Hamas's victory they were republished
simultaneously in several European countries adding flame to an already sensitive issue. An Afghan
Moslem suddenly now converts to Christianity and is granted asylum in Italy, provoking calls within
the Moslem community for his execution. These are simply buttons pressed to provoke immature
and rash reactions, widening an artificial gap between Europe and the Moslem Middle East and
attempting to discredit Islamic culture, and more importantly Hamas, thus paving the way for a unilaterally imposed Bantu
type restructuring of the West Bank, and neutralizing European reactions to such an unfair and illegal apartheid type solution.
The so called clash of civilizations is not a clash of civilizations at all (after all even if the "West" does not like to admit it, "Western"
civilization did not emerge suddenly in Greece out of nothing, it has its origins in the East including Egypt via Crete), it is simply
a clash of interests, economic and political. It is all about Israel grabbing more land in the West Bank. The clash will continue
for as long as people are occupied and oppressed whether in Palestine, Iraq or elsewhere.
By Khaled El Shalakany
Editor- in- Chief
Chairman
Ali El Shalakany
Editor-In-Chief
Khaled El Shalakany
Production Manager
Ghada Farouk
Contributing Writers
Moataz El Mahdy
Hussein Gohar
Soha Abdel Aziz
Leslie Hussein
Nehad Salem
Angelika Buchheim
Reviewing & Distrubution Officer
Angelika Buchheim
Art Director & Production
Amir Elias
Color Separation & Printing
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Copyright © Shalakany Law
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In This Issue
Cover Story
On the Trail of the Incas
The History and Symbolism of Easter
Shape your Mind
Total Solar Eclipse in Salloum, Egypt
Sandooq el Donia
Review of the Movie “Munich” and the Book “Snow”
Transition
Tribute to Mohamed Sid Ahmed, 1928 - 2006
Short Story
A Smile for the Guillotine
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10
11
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In Every Issue
Lex Mundi
What you need to know about the World's leading Association of
Independent Law Firms
Editor's Letter
Danish Cartoons and other Sinister Buttons
An Eye on the Law
"El Salam 98" and the Legal Standing of a Missing Person under Egyptian Law
Newsroom
News@SLO
Up-to-date coverage of what is happening at Shalakany Law office
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3
4
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An Eye On The Law
www.shalakany.com
"EL SALAM 98"
AND
THE LEGAL STANDING OF A MISSING
PERSON UNDER EGYPTIAN LAW
A missing person is a person whose whereabouts is unknown, to the
extent that it cannot be determined whether the person is dead or
alive. Egyptian law distinguishes between several types of missing
persons:
A person missing as a result of
disastrous or catastrophic
circumstances, such as the
collapse of a house in an
earthquake or the eruption of a
volcano resulting in hundreds of
dead and missing persons. If the
person missing is not in the military,
a judge will declare that person
legally dead four years from the
date of disappearance. If the
missing person is in the military, and
is missing during a military
operation, then jurisdiction lies with
the Minister of Defense to
determine death.
This
determination is made one year
from the date of disappearance,
after having conducted an
extensive search and investigation
using all means possible.
As for a person missing under
circumstances not of a disastrous
nature or during military action,
such as a person who travels for
the purposes of education, business
or tourism, and whose whereabouts
are not known, with no information
available as to whether the
individual is still alive or has died,
then the competent judge will
determine that individual to be
legally dead four years from the
date of disappearance, after
exhausting all possible means to
determine if he is still alive.
Salam 98," hundreds of victims remain
amongst the missing. "El Salam 98,"
carrying around 1,300, sank in the Red
Sea overnight on a trip from Saudi
Arabia to Egypt on February 3, 2006.
As a direct result thereof, Law No. 2
for the year 2006 was promulgated
and introduced amendments related
to the legal standing of missing
persons involved in air crashes or
maritime disasters, providing that the
legal death of missing persons be
declared within fifteen days from the
occurrence of any of the foregoing
incidents, after conducting an
extensive search and investigation
using all means possible.
As a consequence of the tragic
incident of the sinking of the ferry "El
However, in respect of the legal
standing of a missing person, we must
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differentiate between two phases:
First:
The phase preceding the
judgment of death,
whereby the judge assigns
the management of the
missing individual's monies
to an agent to be
appointed by the judge.
During this phase, the spouse
of the missing person will
continue to be legally
married, so long as no
judgment has been
rendered ruling for the
missing spouse's death;
Second: The phase following a
rendition of a judgment
ruling for the death of the
missing person, during which
his/her monies must be
distributed to the existing
heirs at the time of rendition
of the judgment declaring
the person legally dead. In
the case of wives of missing
persons, a period of four
months and ten days from
the date of the judgment is
the period prescribed, after
which the wife will have the
right to remarry.
Finally, a question arises as to the case
where a person, declared legally
dead, returns alive. In this case, the
missing person regains his/her legal
capacity and the judgment rendered
declaring the individual legally dead,
will become null and void.
Accordingly, the money given to the
missing person's heirs must be
reimbursed by the heirs, as well as
any other inheritances or bequests to
which the formerly missing person is
entitled. Reimbursement here is limited
only to whatever funds remain of the
money of the missing individual,
distributed with no right of the
returned individual to claim money
spent by the lawful heirs. This is
because the funds no longer
available to the returnee were
disbursed and expended in
application of a court judgment.
An Eye On The Law
Missing persons and their assets,
whether male or female, are treated
identically under the law, in all
circumstances, with the exception of
the provisions regarding the period
during which a woman may not
remarry, and the resumption of lawful
wedlock by the female returnee.
However, in the case of a wife whose
missing husband returns after having
been lawfully declared dead, the
husband will return to resume the
marital relationship, provided,
however, that the wife has not remarried in the interim. In such case,
the wife will continue her marital union
with her new husband, provided that
this latter marriage was lawfully
concluded, that she is cohabiting
with her new husband, and that the
new husband has acted in good faith
and did not know, at the time of
concluding the marriage, that his
wife's previous husband was alive.
By Moataz El Mahdy
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www.shalakany.com
The History and Symbolism of
the Easter Celebration
Easter as it is Celebrated Today
The resurrection of Jesus, according to the New Testament,
happened around the time of Passover which is a major
Jewish festival that is celebrated by the Jewish people to
commemorate their release from captivity in ancient Egypt.
Therefore it is believed to have taken place after the full
moon of the spring equinox.
Lent
This is a period of spiritual preparation for
Easter which typically involves fasting,
penance and prayer. It was originally
established by various Christian groups as
an interval ranging from a few days to
several weeks. It was eventually fixed in
the 8th century CE at 40 days. (The number
40 is one of many magical numbers with
religious significance in the Bible. 40 days
recalls the interval that Jesus, Moses and
Elias spent in the desert).
Ash Wednesday
This is held on the first day of Lent where
ashes from the burnt palms of the previous
year are used to draw crosses on the head
of the worshippers. Its is not celebrated in
the Eastern Orthodox church.
Holy Week: the week before Easter Sunday:
(Pascha week in Orthodox Church)
Palm Sunday is held on the Sunday before
Easter Sunday. It recalls Jesus' triumphant
entry into Jerusalem one week before his
execution.
Holy Monday commemorates Jesus'
cleansing of the temple, when he
assaulted money changers and
overturned their tables.
Holy Tuesday recalls Jesus' description to
his disciples on the Mount of Olives of the
destruction of Jerusalem.
Holy Wednesday (once called Spy
Wednesday) recalls Judas' decision to
betray Jesus in exchange for 30 pieces of
silver.
Maundy Thursday commemorates the Last
Supper, Jesus’ agony in the garden and
his arrest. "Maundy" is derived from the
Latin "mandatum" (commandment of God
in John 13:34-35). For centuries, people in
A Coptic Church
authority have washed the feet of their
followers on this day.
in a 2nd century book, and was formally
recognized in the 3rd century CE.
Good Friday recalls Jesus' death on the
cross. The origin of the word "good" has
been lost. Some claim that it is a corruption
of "God" and that the early Christians
called this day "God's Friday." Others claim
that "good" refers to the blessings of
humanity that Christians believe arose as
a result of Jesus' execution.
Origins of Easter and its celebrations in
ancient times (only some of the symbols
will be discussed)
Holy Saturday (Easter Eve) is the final day
of Holy Week and of Lent.
Easter Sunday commemorates Jesus'
resurrection. In the early church, converts
were baptized into church membership
on this day after a lengthy period of
instruction. This tradition continues today
in some churches.
Feast of the Ascension (Ascension Day) is
a celebration of Jesus' ascension up to
heaven. This is described in Acts 1:9 as
happening 40 days after his resurrection.
The church celebrates the feast on a
Thursday, 39 days after Easter Sunday.
Although tradition states that it was first
celebrated in 68 CE, it did not become
formally recognized by the church until
the late 3rd century.
Pentecost (Whit Sunday) is now celebrated
7 weeks/49 days after Easter Sunday. It
recalls the visitation of the Holy Spirit to 120
Christians, both apostles and followers.
They spoke in tongues (in foreign
languages that they had not previously
known) to the assembled crowd. Three
thousand were baptized. The day was
originally a Jewish festival which was called
"Pentecost," because it was observed 50
days after Passover. (The Greek word for
50'th day is "pentecoste"). This is usually
regarded as the date of the birth of the
Christian church. The feast was mentioned
The word, Easter, is of Saxon origin, and of
precisely the same import as its German
cognate 'Ostern.' The latter is derived from
the old Teutonic form of 'auferstehn,'
'auferstehung,' i.e., Resurrection.
The Greek 'pascha,' formed from the
Hebrew, is the name of the Jewish festival,
applied invariably in the primitive church
to designate the festival of Jesus'
resurrection, which took place at the time
of Passover.
Easter had a pre-Christian origin, namely
a festival in honor of Eostre (also called
Eastre, Eostra, Ostara), the spring goddess
and the goddess of fertility. Thus, another
form of Sun-worship, another variant in the
form of a dawn-deity. This same dawngoddess was also well known in the Greek
classics as Eos (the Roman Aurora). In
classical mythology, Eos was an amorous
deity and the idea of fertility with its fertilitysymbols of eggs and rabbits was to be
expected.
The word Easter is also a form of Ishtar, the
ancient Babylonian goddess of fertility.
Most likely this Eostre, dawn deity/fertility
deity, is the same Astarte, which is
recorded in the Hebrew of the Old
Testament as Ashtaroth and Ashtoreth .
Other spring festivals were celebrated with
the rites of Adonis or of Tammuz (well
known as the youthful Sun-deity). Our dead
and risen Messiah being assimilated to the
pagan celebration of the dead and risen
Adonis (Tammuz)...Ezek. 8:9 and 14.
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"Easter" has been celebrated in Egypt for
over five thousand years, and was initiated
to celebrate the death, burial and
disappearance of Osiris on Friday, and to
celebrate his resurrection the following
Sunday. The celebrations took place
around the Coptic month Khoiak
(approximately November/ December).
The death and revival of Osiris in ancient
Egyptian mythology provide the mythic
echo of the annual rebirth of crops. In the
ceremony, seeds were sown in earth,
which was from the New Kingdom shaped
in moulds to the form of Osiris; the sown
earth was watered until the seeds
germinated, and then this guarantor of a
successful crop was buried. The timing of
the festival in the official year placed it in
the fourth month of flood, just as the waters
receded to expose silt-covered fields fresh
for sowing. The name of the festival was
ka-her-ka 'ka upon ka' (or 'sustenance
upon sustenance'); it survived into
Christian times as the name of the fourth
month of the season of flood, rendered
in Coptic as Khoiak.
Sham El Nessim The word sham is derived
from the ancient Egyptian word Shmu,
meaning summer or the beginning of
harvest season which was celebrated
around the time of the spring equinox (the
feast of Shemu). During Coptic times it
was modified to sham and el nessim was
added to it. Eating onions and other green
leaves has its ancient Egyptian origin and
was linked to fertility.
Lent
The forty days' abstinence of Lent was
directly borrowed from the worshippers
of the Babylonian goddess. Such a Lent
of forty days, 'in the spring of the year,' is
still observed by the Yezidis or Pagan Devilworshippers of Koordistan who have
inherited it from their early masters, the
Babylonians.
Such a Lent of forty days was held in spring
by the Pagan Mexicans, for thus we read
in Humboldt (Mexican Researches) where
he gives account of Mexican
observances: "Three days after the vernal
equinox...began a solemn fast of forty
days in honour of the sun."
Such a Lent of forty days was observed in
Egypt...expressly in commemoration of
Osiris.
At the same time, the rape of Proserpine
seems to have been commemorated,
and in a similar manner... "Forty nights" the
"wailing for Proserpine" continued...
Among the Pagans this Lent seems to
have been an indispensable preliminary
to the great annual festival in
commemoration of the death and
resurrection of Tammuz which was
celebrated by alternate weeping and
rejoicing being observed in Palestine and
Assyria in July, therefore called the "month
of Tammuz." The prophet Ezekiel
condemns the women in Israel for
weeping for Tammuz (Ezek. 8:14). This
Syrian deity was mourned as the dying
god in ancient Israel. Tammuz was
associated with the Queen of Heaven
who was also the Heavenly Virgin.
Palm Sunday (Palm Tree)
In ancient Egypt it was sacred to the sun
god, Re, and represented the fertility of
the crops.
The Tree of Life...As phallic it signifies virility
and fertility, but if depicted with dates it
is feminine.
Arabian: The Tree of Life.
Greek: Emblem of Apollo.
Hebrew: The righteous man; emblem of
Judea after the Exodus.
Sumero-Semetic: A Tree of Life, emblem
of Phoenician Baal-Tamar (the Lord of the
Palm) and of Astarte and the AssyroBabylonian Ishtar.
In ancient Egyptian mythology Osiris was
to his worshippers "the god-man, the first
of those who rose from the dead" and
that his death and resurrection were
therefore supposed to be in some way
beneficial to mankind.
Easter Bunny
Eastre, a fertility goddess, had as her
earthly symbol the prolific hare, or rabbit.
Hence, the origin of the Easter bunny.
Mythology of Easter eggs
In many creation myths, ranging from
Egypt and India to Asia and Oceania, a
cosmic egg either laid by a giant bird or
fertilized by a serpent gives form to chaos
and from it hatches the sun (the golden
yolk), the division of earth and sky and life
in all its forms. In ancient Egypt, god Ptah
was shown at his potter wheel shaping
the world egg which contained his own
spirit.
Creation symbolism is strengthened by
the egg shape of the testicles and in some
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cultures the testicles are referred to as the
eggs! This is also seen in Congo where the
yolk represents the female warmth and
the white stands for the male sperm further
emphasizing the sexual duality of the egg.
In Hindu myth, the cosmic tree grew from
the golden egg which also bore Brahma.
The egg has also been linked to
resurrection: The phoenix, dying in fire,
rose from its own egg. Note that the name
of the phoenix in the Arabic language
(Aƒ²¾©dG) is probably derived from the name
Ankh in ancient Egyptian language which
is known also as the key of life. We can
also find an uncanny resemblance
between the shapes of the Ankh sign, the
fertility God of the Ashanti tribe and the
cross. They all have, in essence, the same
meaning.
In one Greek myth, Helen of Troy came
from an egg that had fallen from the
moon. In an alternative myth, she was
born from an egg laid by Leda, queen of
Sparta, after she had coupled with a swan
- the god Zeus in disguise. Dionysos was
shown carrying an egg as a symbol of his
rebirth.
In pre-Christian times it was associated
with the promise and hope of spring. The
egg took a ready-made place in Christian
Easter ceremonies as a symbol of
resurrection. The egg's white purity, the
miracle of life contained within its shell
inspired Piero della Francesca in his
altarpiece Madonna and the child to
symbolize the immaculate conception of
Mary. In Jewish custom, at the Seder meal
eaten at Passover, the egg is a symbol of
promise.
Conclusion
Although Easter is the most sacred and
holiest day in Christian faith, we can see
that it has its pagan origins rooted deep
in history. The question is how did such a
pagan ritual evolve to be a Christian
celebration? The answer to that question
lies in the history of the second century
missionaries who tried not to counterinfluence the traditional and popular
customs but rather to incorporate pagan
practices into the new faith. Rome,
perusing the same policy, also
amalgamated pagan and Christian
festivals by adjusting the calendar.
By Dr. Hussein Gohar Gynecologist,
Yousry Gohar Hospital.
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Cover Story
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ON THE TRAIL OF THE INCAS:
TREKKING IN THE ANDES TO MACHU PICHU
Last summer along with my family, my
cousin Hussein Gohar (a fellow
adventurer in our 2004 Kilimanjaro trek)
and two friends visited Peru and spent
4 days trekking in the Andes on the old
secret Inca trail leading up to the Inca
royal retreat of Machu Pichu (this is the
Quechua language name for the
mountain on which the retreat is built,
it means 'ancient peak'). We started
at Kilometer 88 from Cuzco, the Inca
Capital in the sacred valley, and we
trekked up to the height of 4200 meters
and then descended to about 2500
meters to the level at which Machu
Pichu is located. We spent three nights
camping in the mountains (quite cold
- sleeping bags and heavy clothing
needed), in our tents under a fantastic
canopy of stars. The trail is very scenic,
with great views of untamed valleys,
and proud snowy peaks. The Incas for
some reason did not go around
mountains, they went up and down,
using huge steps (you really must be
physically fit to take this on). En route
we passed an ancient Inca
astronomical observatory, various
compounds, forts and observation
towers., finally descending at dawn of
the 4th day, from the Gate of the Sun
to watch the sun rise between the
mountains and illuminate Machu Pichu.
We spent the day in Machu Pichu
visiting the various architectural
structures in this intriguing Inca retreat
that was never discovered by the
Spanish (it was rediscovered by an
American Hiram Bingham in 1911 who
was in fact searching for the ancient
secret city of Vilcabamba). The Temple
of the Sun and the Temple of the
Condor were particularly impressive.
The word Inca refers to the
children/earthly manifestation of Inti,
the Sun God, and was used to describe
the kings that ruled an empire that at
one point covered parts of what we
now know as Ecuador, Peru, Bolivia,
Chile and Argentina. A civilization
dating from around the 12th century
(the first unifying Inca Manco Capac),
expanding into empire in the early 15th
century, and effectively ending with
the murder of the Inca Atahuallpa by
the hands of the conquering Spanish
conquistadors (led by Francisco Pizarro)
in the early 16th century. There is so
much fascinating history and mythology
about the Incas, and I can only touch
the very surface in this short article. How
such a great empire was defeated and
subjugated by a few hundred gold
seeking adventurers, the deceit and
the savagery of the invaders, the heroic
guerilla warfare in the mountains led
by the last Incas resisting occupation,
etc. The myths of world creation and
the origins of the children of Inti from
lake Titicaca (in the South of Peru). The
beautiful sculpture and impressive
architecture. Human sacrifice, land of
Condors and spitting Llamas (one of
our group was at one point actually
spat upon by an angry Llama that then
proceeded to chase us away).
Peru is a place where two civilizations
collided. The Spanish representing the
developed relatively advanced
technology of the 16th century,
meeting what was effectively still a
civilization with bronze age technology.
The result was a vibrant hybrid that is
reflected in South America's culture, its
music, its art and approach to life, and
that in my view still retains some of the
innocence and authenticity (in terms
of man's relationship with nature) of
the civilizations that were conquered
by the Spanish (Inca, Aztec and Maya).
In Lima, we dined on the coast of the
Pacific, and were fortunate to attend
an annual festival where folk dance
groups from all over Peru competed.
With the sound of Peruvian music, and
El Condor Pasa ringing in our ears, we
watched the groups in their fantastic
and colourful costumes dance in the
main square in Lima's colonial heart
(Plaza Mayor). In brief, Peru is a great
destination to encounter the magic of
South American culture.
By Khaled El Shalakany
www.shalakany.com
Shape your Mind
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Total Solar Eclipse in Salloum, Egypt
An Eyewitness Report
Partial Eclipse
Partial Eclipse
Total Eclipse + Corona
I was very fortunate to witness one of the greatest shows on Earth that mother nature ever has to offer on March
29th, 2006, a total eclipse of the sun. I had observed partial solar eclipses several times before, but nothing prepared
me for the beauty and excitement of a total eclipse. It is something not to be missed if you ever have a chance
to catch one! It was an amazing and fascinating show and well worth the trouble and exhaustion of the long
overnight bus trip there from Cairo to Salloum within 7 km of the Libyan border on the northwestern coast of Egypt.
The whole event
was extremely well
organized by the
Governor of Marsa
M a t r o u h
Governorate
( a l t h o u g h
unfortunately not marketed well abroad
- most tourists traveled to Turkey not Egypt).
Egyptian authorities were ready for any
and all emergencies, including pulling out
a bus with a tractor that got stuck in the
mud from the heavy rainfalls the day
before. We arrived there quite early in the
morning in crisp, chilly, clean air as our
bus was quickly passed through the
security checkpoint in preparation for
President Mubarak's attendance. We
found comfortable tents set up in prime
viewing areas on top of the plateau
overlooking the gorgeous bay of Salloum.
Clean toilets (that were pumped out
constantly - even during totality!), fire
engines and ambulances, patrolling
medical staff (especially eye doctors) and
security personnel were all at the ready.
However, the real activity occurred
outside the tents in the desert - hundreds
of telescopes and cameras were being
set up by tourists, amateurs, professors,
students and eclipse enthusiasts from all
over the world, some even home-made,
some professional, as reporters and TV
cameras circulated among the crowds.
At 11:20 a.m. the partial eclipse started
and everyone put on their special solar
viewing glasses. Without such eye
protection the intense light of the sun
would be focused on the back of your
retina by the lens of your eye and would
literally destroy those cells and cause
blindness. My husband, Hany Hamroush,
Geology Professor, who was there with his
Astronomy students from the American
University in Cairo and various other
students and professors from physics,
chemistry, philosophy, political science
and other departments, went into action
assuring everyone in the group of 40 was
safely observing and answering the many
questions of his students and others who
walked up to take a look through the
university's MEADE telescope (on which
a special solar filter had been installed by
him), including the American Ambassador
to Egypt and his wife and daughter. One
student with the help of his colleagues
even recorded the whole event live with
his web cam on his lap top computer,
filtering the rays of the sun for safe viewing
by holding the solar shades in front of the
camera. The sky slowly got darker as the
moon raced across the sky to block out
more and more of the sun. At 1:38 p.m.
the moon had completely blocked the
sun and the sky got eerily dark with a faint
reddish rim running along the horizon. An
amazing uproar and cheering started,
with everyone in attendance voicing their
amazement over and over again. Some
started praying from the Koran, others
were shouting ooh and aah and wow, YA
LAHWE and ALLAH AKBAR, but nobody
was able to stay silent as we removed our
glasses and safely observed the
fascinating and beautiful rim of bright light
emerging from the outermost atmosphere
of the sun from behind the moon called
the corona, which is only visible during
totality and can be safely viewed with
the naked eye. Totality lasted just under
4 minutes at Salloum but will be etched
in my memory for the rest of my life indescribably amazing and magnificent
was this miracle of nature unfolding above
us as we stood in awe and as cameras
clicked away like crazy. The sky was black,
we could even see Venus, but for these
fleeting moments all eyes were focused
on that one heavenly object that makes
life possible as we know it on Earth. Over
as suddenly as it started, we had to quickly
put back our glasses to watch the rest of
the by now partial eclipse until 2 p.m.
Exhausted but completely satisfied we
returned to Marsa Matrouh and checked
in at our hotel. At night we went star
gazing with the telescope on a beach
under the clear sky of Matrouh - the
perfect ending to a perfect day.
For your information, total solar eclipses
can happen up to 3-4 times a year
somewhere on the Earth when conditions
are just right: only during a new moon
and only when the earth, moon and sun
are aligned on the same plane (line). So
they are rare occurrences for any given
locality although they have been
accurately predictable since Babylonian
times, when people usually associated
them with portending disasters. The next
total solar eclipse in Egypt is not expected
to occur for another 47 years! So it was
truly a once-in-a-lifetime experience for
me and I am so glad I joined my son, my
husband and the AUC professors and
students (the future generation of Egypt)
who all made this unique trip so very
exciting!!!
By Angelika Buchheim
Photos of the eclipse by Medhat Hany
Hamroush, and Moaaz Osama
Sandooq el Donia
Film Review
10
www.shalakany.com
MUNICH:
A BRAVE STATEMENT 'The Importance of Being Human!'
I was very impressed with Stephen Spielberg's Munich. Spielberg is indeed a brave man.
In today's world with Arab bashing at its height, he presents a work of art that basically
puts all forms of murder on the same moral level. He denies Israel the moral high ground,
that it has been desperately trying to claim since its inception. He exposes Israel's continuing
policy of targeted assassination against the Palestinian leadership. Through numerous subtle
points emphasizing that while Jews were driven to search for a State of their own following
the atrocities in Europe, the Palestinians, 'who have never gassed a single Jew' paid, and
are still paying, the price in blood. The sabra protagonist, who becomes a cold blooded
assassin, losing his humanity in the process, ends up refusing to return to Israel, and becomes
an outcast with whom bread is not to be broken; the logic of extremism is such that you
are either with us, or our enemy. From an artistic point of view, the film is very professionally
done, with some very good acting. Geoffrey Rush in particular comes through very strongly as Avnir's Mossad case
officer, the embodiment of all 'hard' men in today's world (on all sides of all our planet's conflicts) who will never see
the other side as equally human, and thus they lose their human identity and become only part of their narrow 'tribe'
and tribal world view (whatever it is). One character in the film says: 'the only blood that counts is Jewish blood.' This is
the most damning condemnation in the film. All human blood counts!!! Some scenes were truly brilliant, the homage
to Coppola's 'Conversation' when Avnir tears his mattress looking for a bomb and ends up like Gene Hackman slouched
in despair, the final meeting between Avnir and his case officer, is a masterpiece, they part at the end, one having
broken free, perhaps not too late to save his (by now) tortured soul, from the shackles of intolerance and refuses to
participate any longer in self righteous murder. I raise
my hat (literally as I do have several hats) to the
man who also directed Schindler's List, clearly a
man intent on saying the truth, as he sees it, from
a broad human perspective. Down with all the self
righteous and hard men of this world who create
misery every day.
By Khaled El Shalakany
by Orhan Pamuk
A cultural warning ……Richly detailed....A thrilling plot ingeniously shaped...Vividly
embodies and painstakingly explores the collision of Western values with Islamic
fundamentalism....
Orhan Pamuk, the talented Turkish novelist, brings his native country to life again
after the runaway literary success of My Name is Red.
Central to the action is the poet Ka, who by his own admission might be the intelligentsia
in Turkey but is a "worthless nobody" in his adopted country, Germany. After his mother's
death, Ka returns to Turkey to the remote snow-bound city of Kars bordering Armenia. "If
the world he knew in Istanbul was no longer to be found, his journey to Kars can be seen
as an attempt to step outside the boundaries of his middle-class childhood, to venture at
long last into the other world beyond," the narrator, Ka's friend, incidentally named Orhan, explains. Ka has another
reason to visit: his long-held love for Ipek, a woman who is now engaged to Mukhtar, the leader of the local Islamist
party running for mayoral election in the city.
What starts off as a tentative nostalgic embrace and possibly a brief flirtation becomes something of greater
import when Ka learns that many young girls in town are killing themselves over the decision to ban head scarves
in public schools and colleges.
When Ka noses around trying to piece the puzzle together, his life becomes infinitely more complicated when
Ipek and Ka witness a crucial political murder in a local teahouse. In a place where even
the news is decided well in advance by the local newspaper editor, Ka is slowly forced to
state his position over and over again to the local police, to the army, and even to a terrorist,
Blue: is he an atheist merely come down to preach to the rest or is he more attuned to local
sympathies, including embracing ones' religion wholeheartedly.
This seventh novel from the Turkish writer Orham Pamuk is not only an engrossing feat of talespinning, but essential reading for our times....
Compiled from various reviews by Ghada Farouk
Book Review
SNOW
www.shalakany.com
Transition
Tribute to
Mohamed Sid Ahmed
1928 - 2006
When Mohamed Sid Ahmed
passed away last February, Egypt
lost one of its leading intellectuals.
The meeting hall at the Journalists
Syndicate, where the tribute to him
was held, was more than packed.
The occasion was sad but the large
number of people attending and
the atmosphere were such that I
was also happy. Many were the
speeches exalting Mohamed Sid
Ahmed the intellectual, the
journalist, the political analyst, the
political militant and the friend.
Several of the speeches were
moving, some more than others. I
sat there feeling his presence as a
distant cousin, as a close friend and
above all as a wonderful human
being. He was a very decent man,
honest, kind, caring and sometimes
with the naiveté of a child. He also
had endearing quirks such as
pretending not to hear when he
did not want to hear, or turning
down the volume of his hearing aid
when too many people were
talking at the same time. He has
certainly left his imprint on journalism
in Egypt during the last twenty-five
years; he also left an imprint as a
brilliant political analyst. His
comrades and his friends will
certainly always remember him with
fondness and respect. The most
outstanding trace he leaves
behind, however, is that we all felt
the atmosphere of respect, warmth,
love and serenity that prevailed on
the occasion.
By Nehad Salem
Rubaiyat Salah Jahine
ògƒL “î¡U ŠƒÇYƒHQ
I came to love a certain word in pages to be found
Its letters glittered and its light was a glare
My hand went forth, I heard it cry: Beware,
All hearts that hold me break without sound!
´QÄdG ½îc ¿e ‡»¸c žˆ„ŽY
´™Hh ƒÁah™M òH ´™¡T QľdG
½G™M ‰dƒb ..ń¸b Åa ƒÁ¸Ç¡TCG ‰Ç„M
´™ÐG ÂÇa ‰¸NO …¸b ¹c ƒfCG ÃO
!!ńŽY
One day I wept, and those who heard me cry
Said here was a fearless man who is no more.
I said with eyes that were not quite dry:
If only you’d recognize the lion’s roar!
Soft music shimmering like a blue lagoon,
Summer night, company and a jasmine festoon
Are all people very happy, I wonder
And do they see the beauty of the moon?
Close your eyes and dance... keep your step light
Your partner is life herself, you are her knight …
She’ll love you as long as you step proud and tall
If once you look down at your feet, you’ll fall!
Translated by Nehad Salem
™»¬fCG ƒÁÇa ÀĵdG ‡jOƒg ‡µj›e
™»¡Sh ¹a ~²Yh ¹Çdh °Ç¡Uh
òWÄ¡„e ¼Á¸c ¢Sƒ¾dG i™J ¹g ƒj
™»²dG ºƒ»L ò¯jƒ¡T i™J ¹g ƒjh
!!ńŽY
ªdOh ‡¯”H ¢ŸbQGh ¶Ç¾ÇY ¢Ê»Z
«~ÖG ‰fGh ‡Hƒ¡ždG Åg ƒÇf~dG
·~„©J ¶JÄ£N ‡bƒ¡TQ ±Ä¡žJ
ª²J ..¶Ç¸L™d ‰Ç¡ŸH Äd ‰fG ¿µd
!!ńŽY
~¡a ‰¸b ÅfÄ©»¡S ÃG ‰¸b ½Äj
~¡ÐGh ~j~M „¸b «~L Àƒc ÃO
ÃG ..‰¸bh òçîdG ŸY ‰jOQ
~¡SCÕG ñFR ž©e GÄa™©J Äd
!!ńŽY
11
12
www.shalakany.com
Short Story
A Smile for the Guillotine
the pen hard between my teeth,
and will not let go. I promise, and
you must take my word as a true
revolutionary, I will not let go. If
there is no pain, I will shout for joy,
no sound of course will come out,
but I will have a smile on my face,
and no pen. There it is, quite simple,
my last act, true to form will not be
wasted. "
The following is an exact copy of
Père Lachaise's rendering of
Robespierre last note written the
night before his execution, as
reproduced in his famous 'History
of the Great Revolution:'
" My jaw hurts. It is bandaged and
bloody. I cannot speak, but I can
write, and this is what I want to say.
Everybody knows that I was against
executions. My friend Danton and
I argued for hours against the
taking of human life. I remember
clearly the smoke filled room where
our beloved Committee of Public
Safety used to meet, we were
creating a new world of freedom,
equality and brotherhood, how
then could we condone murder in
any form. But now with my jaw
stitched up, I cannot speak, but I
must speak. Yes we created the
terror, the great terror, we were like
blacksmiths forging the world into
a new shape, we had to strike hard
with the anvil of revolution and to
keep the sac… [word is obscure
as the sheet is stained with blood]
fires going. We were surrounded
by enemies from within and from
abroad. The armies of Europe
massed to destroy us, and their
spies filled the land. Sorry I am
rambling on, how did we change
and become the executioners of
hundreds of thousands? I am not
sure. Perhaps it was simply the
ma…. [word is obscure as the sheet
is stained with blood] within us all.
One thing that always bothered
me was Dr. Guillotine's invention. I
remember when it was proposed
as the ideal instrument for
revolutionary justice. St. Juste
assured me that it was painless and
thus a humane way to dispatch
the wretched whose blood was
the mortar from which we built the
new world. A human world, where
nature conscious of itself through
man, acquires meaning and
purpose. St. Juste said that
medically because of the
sharpness of the blade and the
speed by which the head was
severed from the body, there was
no time for pain to be registered
in the brain. Of course we could
never be sure, as we had no
chance to question any one who
had been guillotined. Now
tomorrow, I will get the chance to
try it out personally, our revolution
has eaten up all its blacksmiths,
even the great Danton, and now
myself. So be it, I do not regret
anything. I give my blood willingly
to the revolution, I am not a
hypocrite. In fact I will use the last
seconds of life to give the world
my final message. I will clasp in my
mouth my pen, the one that I used
when I signed all these countless
death warrants, the pen they
called 'the little messenger of
death.' If I feel any pain as my
head rolls into the basket, I will clasp
Note: Père Lachaise mentions on
page 327 of his great work that:
"… the crowd was hushed at the
last moment. Robespierre held
something in his mouth. It was a
pen. The executioner pulled the
lever and the guillotine's blade
swished down and hit the wooden
frame making a loud sound
amplified in the surrounding silence,
the head rolled into the basket.
When, as was usual, the head was
raised up to be shown to the
crowd, there was a deafening roar
as the crowd started to cheer and
shout, the father of the great terror
was gone. As for the head,
everyone could see, before it was
thrown again into the basket, that
the pen was gone, and on
Robespierre's face, despite the
bloody bandages, there was a
smile…"
By Khaled El Shalakany
www.shalakany.com
Newsroom
13
TE Data boosts its International
Bandwidth Capacity to 3 Gbps
TE Data, Egypt's fastest growing Data
Communications and Internet Services
Provider, announced on 4 February
2006 that it has signed a frame
agreement with Flag Telecom, a
leading provider of international
wholesale network transport and
communications services, to raise its
international bandwidth capacity with
Flag to an STM16 (2.42 Gbps) before
mid 2006, a move that takes TE Data's
overall total international capacity to
3 Gbps.
TE Data's current activated
international bandwidth capacity is 1.8
Gbps, while the current total market
capacity is estimated at 4.48 Gbps,
which represents around 40% of the
total market capacity and the highest
in the market. With this upgrade, TE
Data's total international bandwidth
capacity reaches 3 Gbps, taking the
market to a total capacity of around
5.69 Gbps. Such a move fortifies TE
Data's leadership position in the
Egyptian market with an estimated 52%
of the total market international
bandwidth.
Such an upgrade will help TE Data
achieve ambitious broadband plans
by providing an unprecedented
Internet capacity and consequently
DSD - Ferrometalco Egypt
DSD Egypt and Ferrometalco merged in 2005 to become a
giant- company in the Middle East and Africa specialized in
the production of high quality steel works. The authorized
capital of the merged company became 100 Million Egyptian
Pounds and the paid up capital became 35 Million Egyptian
Pounds with a net fixed assets value of 70 Million Egyptian
pounds and a production capacity of 4000 t/month.
With its 2000 skilled and trained personnel and its quality
management and engineering capabilities which are subject
to quality assurance and control acceptance, DSD Ferrometalco is able to offer its customers a diversified range
of products in steel structure, pressure vessels, storage tanks,
heat exchangers, piping works and turn key electromechanical
erection works. DSD - Ferrometalco Egypt also welcomes its
new shareholders, DSD Steel Group GmbH, DSD Brückenbau
GmbH and Ferrostaal Maintenance Eisenhuettenstadt who
are keen to help turn ideas into reality.
For more information about DSD Ferrometalco, visit
www.dsd-steel.com
Schneider Electric Egypt and a journey
towards development in Egypt
Under the umbrella of Schneider International Campaign "Luli"
aiming at benefiting sustainable partnerships developed
locally with community organizations which support
unfortunate members of the society, the year 2006 has seen
Schneider Electric Egypt launching its Scholarship Program for
unfortunate and excelling students in Giza Governorate
through partnering with a non-governmental organization,
"Meshwar" in a joint effort to empower and develop
marginalized members of the Egyptian society.
For more information about Schneider visit
www.schneider-electric.com.eg
the highest speed possible to its ADSL
subscribers. Moreover, the upgrade will
help boost TE Data's other IP Transit,
Managed Dedicated Access services
and Global Data Services to medium
/ large enterprises and multinational
corporations.
The high-quality STM 16 circuits will be
connected to the FLAG Global
Network through points of presence
(PoPs) in Cairo and Alexandria, ensuring
additional resilience.
For more information about TEDATA visit
http://www.tedata.net.
For more information About Flag
Telecom visit www.flagtelecom.com
Future Pipe - a new specialized plant
and new administration building
FPFE, Future Pipe Fittings & Equipment of FPI Group, was
incorporated at the end of 2005. FPFE, producing all fittings,
joints, connections and production machinery needed by all
the branches of the Group throughout the Middle East, the
Gulf Region, Europe, USA and the Far East, has launched its new
specialized plant in 6th of October City, Fifth Industrial Zone.
OSMAN TOWERS - CORNICHE EL-NIL-MAADI is the ultra modern
office block for the Management and Sales/Marketing
departments of the FPI (Future Pipe Industries) Group of
companies MENA (Middle East North Africa). Osman Towers
is owned by "Future Management Real Estate SAE" and is the
domicile of "Future Pipe Services SAE" both incorporated by
Shalakany Law Office.
FPI patronizes sports and social activities to enhance team
spirit and solidarity / belonging ties. It takes part in many
tournaments (October, Ramadan, Associations, etc.) and
lately sponsored the event organized by Shalakany Law Office
between various companies' teams.
CRCICA and The Fourth UN Forum
on Online Dispute Resolution Report
and Recommendations
22-23 March 2006, Cairo, Egypt
The Fourth United Nations Forum on Online Dispute Resolution
("ODR") was organized by the Cairo Regional Centre for
International Commercial Arbitration ("CRCICA") in
collaboration with the Centre for Information Technology and
Dispute Resolution, University of Massachusetts, USA. The Forum
was held under the auspices of his Excellency Dr. Tarek Kamel
(Minister of Communication and Information Technology).
The Forum covered diverse topics, where the program was
divided into seven sessions scheduled over two days.
The forum was enriched by the participation of speakers and
conferees from: Australia, Bahrain, Britain, Canada, China,
Egypt, India, Italy, Ireland, Korea, Malta, Nigeria, Oman, Qatar,
Saudia Arabia, Sudan, Sri Lanka, Thailand, U.S.A and Yemen.
14
News@SLO
www.shalakany.com
Dr. Hossam Lotfy speaks at the Fourth
UN Forum on Online Dispute Resolution
New Staff and Members of the
Firm
Dr. Hossam Lotfy, of Counsel, gave a short presentation during
the Fourth UN Forum organized by CRCICA, primarily focusing
on settlement of domain name disputes under the mechanism
of the World Intellectual Property Organization ("WIPO"). Dr.
Lotfy provided an overview of the cross-cultural and legal
barriers which may be encountered in disputes of this nature.
He noted that the settlement of disputes under the WIPO
mechanism had achieved a remarkable success, where
awards issued in this respect are recognized by court, thus
avoiding prolonged court litigation.
Ms. Hala Younis, Human Resources Assistant
Human Resources Department
Mr. Mohamed Ahmed Kamal, Junior Lawyer
Litigation Department
Mr. Hesham El Shafei, Junior Lawyer
Contracts Department
Engineer Ashraf Abdel Rahman, Help Desk Officer
Information Technology Department
Mr. Mahmoud Hassan, Accountant
Finance Department
Mr. Abdel Rahman, Chef,
SLO Cafeteria
Dr. Mohamed S. Abdel Wahab
speaks at the Fourth UN Forum
on Online Dispute Resolution
Dr. Mohamed S. Abdel Wahab, of
Counsel, gave a brief presentation during
the Fourth UN Forum organized by
CRCICA emphasizing the importance of
promoting Online Dispute Resolutions,
"ODR," and the potential opportunities
it holds for developing countries. He also
noted that there is a need to believe in
the potential of ODR in the field of dispute
resolution as a prerequisite for its success,
and concluded with the following quotation from Mahatma
Ghandi reflecting the need for striking an equitable balance
between global and local trends to achieve optimal
equilibrium:
"I do not want my house to be walled in on all sides and my
windows to be stuffed. I want the culture of all the lands to
be blown about my house as freely as possible. But I refuse to
be blown off my feet by any."
Mohamed Kamal promoted to
Partner
Mohamed Kamal was recently promoted to Partner. His
principal areas of practice are: Aviation, Maritime law,
Corporate law and Investment Banking.
Mohamed Kamal obtained an LL.B. from Cairo University in
1988 and an LL.M. from the University of London in 1995 and
joined the Firm in 1999.
Mr. Kamal has been a legal adviser to El Ezz Group, Ceramica
Cleopatra and Bechtel International for Construction and has
extensive dealings with Egypt Air and the Egyptian Civil Aviation
Supervisory Authority on aviation issues and has also
represented Singapore Airlines, Bank of America, Bank of New
York, Banque Du Caire, Arab African Bank, General Motors,
UBAF and Adidas Egypt Ltd.
SLO's COMMITMENT TO STAFF
DEVELOPMENT
Recognizing that the greatest asset an organization has is its
personnel and committed to development of our human
resources, SLO has instituted an extensive training program
aimed at providing the members of the SLO family with
learning opportunities to enhance existing skills and develop
new ones.
We have called this in-house program "Colleague to
Colleague Training," to emphasize that SLO has many
members with unique talents, particular knowledge and skills
that can be shared with their colleagues. The Human
Resources and Training Department has identified those
individuals and, in mid-March, 2006, the Program was
launched with a very informative and well-presented lecture
by Executive Secretaries Sherwit Sabek and Rasha El
Sherbeeny on "Minutes and Note Taking." The following week,
Ghada Farouk, Assistant to the Human Resources Manager,
offered a well-received talk on "7 Habits of Highly Effective
People." Angel Barsoum, Head of english word processing,
then presented 3 training sessions on advanced word
processing functions, while Angelika Buchheim presented a
session on the use of the SLO Client Dadatbase. Fahima
Mahmoud will present 2 training sessions on advanced Exel
and PowerPoint skills.
After the summer holidays, long-term classes in improving
English and Arabic language skills, legal translation tips and
other subjects will be offered.
Nurturing the many skills our staff have and providing
opportunities for development, will lead to optimizing human
resources, resulting in enhancement of the level of excellence
of the services we provide to our clients.
www.shalakany.com
The Opening of the Cafeteria
March 2006
On 20 March 2006 SLO
members celebrated the
opening of the Cafeteria
after renovation works.
News@SLO
15
SLO Annual Outing
April 2006
Members of SLO enjoyed a beautiful day at Ramada Resort
in Ein El Sokhna on the Red Sea Coast in April. People enjoyed
the sports program such as football, volleyball, games...etc,
as well as the lovely seafood barbeque.
New benefit for attorneys
Recently Shalakanay
Law Office arranged life
insurance from Alliance
for eligible attorneys.
Tai Chi Classes
February 2006
Weekly Tai Chi classes started in February 2006. Numerous
attorneys and SLO Staff members have been attending and
enjoying these classes.
SLO Team "A"
wins 5-aside Mini Football Tournament
For the third year in a row SLO Team "A" captained by Dr. Firas El Sammad won the
mini football tournament.
Participants in this tournament included Zaki Hashem Law Office, Vodafone, Schneider
Electric, Future Pipe Group and MEMO.
The Sweetest
Oasis
Siwa Oasis is situated in the Western Desert close to the Libyan
border. It is Egypt's most remote oasis and the Siwans have
developed their own distinct Berber culture. Siwans speak their own
language and their jewellery and crafts are exquisite. A decent
road and a small airport have certainly put Siwa Oasis on the tourist
map but it is still off the beaten track. As well as its unique culture,
Siwa oasis is known for its geographical beauty, hot springs and the fact that Alexander
the Great traveled here to visit the Oracle of Amun.
It's a wonderful place to relax, swim and eat some olives. The old town of Siwa dates back
to the 13th century and its mud and brick architecture looks gnarled and quite unique.
Founded in 1912 by Abdel Fattah El
Shalakany the Firm has achieved a
record of success and growth that today
makes us one of the leading law Firms
in Egypt and the Middle East. The client
base of the Firm is broad in terms of
number of clients, size, and
geographical distribution of clients and
sectors represented. With two domestic
offices and one correspondent office
in Dubai the Firm is engaged in general
practice and has extensive experience in international business
transactions, major contracts, investment agreements, banking
and capital market transactions, mergers and acquisitions, project
finance , intellectual property, soft ware protection, industrial
property registration, telecommunications and information
technology, aviation, tourism, manufacturing, oil and gas, labor,
Head Office
12, Marashly St., Zamalek 11211,
Cairo, Egypt
Tel.: (202) 735 3331
Fax: (202) 737 0661
[email protected]
www.shalakany.com
taxation, maritime, corporate and commercial, insurance and
real estate mattes.
Shalakany Law Office also prides itself on being one of the first
law Firms in Egypt to develop specialized expertise in commercial
arbitration. On average, the Firm handles about 10 new arbitration
cases annually. The last five years have also seen a substantial
expansion in the Firm's Litigation Department, which handles an
average of 800 cases a year before all levels of Egyptian courts.
The Litigation Department is proud to have some of the leading
retired Egyptian judges and professors as counsel to a dynamic
team of litigation partners and associates.
The Firm has developed considerable expertise in the field of
intellectual property protection as well as a good working relationship
with government agencies and legislative and judicial authorities in
charge of protection and enforcement of intellectual property rights.
Alexandria Address
18, Koliat El Teb St., Alexandria, Egypt
Tel.: (203) 484 7831
Fax: (203) 484 7831
Dubai Correspondent Office
API World Tower, Suite 204
Sheikh Zayed Road
P.O. Box 22880 Dubai, United Arab Emirates
Tel.: (9714) 332 7879
Fax: (9714) 332 7870
[email protected]