Egypt

Cairo, 16^th April 2008

ACIJLP urges the President of the Republic not to ratify military court verdict and calls for retrial of Brotherhood leaders before an ordinary court

The Arab Center for the Independence of the Judiciary and the Legal Profession (ACIJLP) is extremely concerned by the Egyptian government’s continued sending of civilians to trial before military tribunals. These courts do not guarantee civilians tried before them the minimum guarantees of a fair and impartial trial - a clear violation of article 68 of the Egyptian Constitution and of the International Covenant on Civil and Political Rights (ICCPR) ratified by Egypt on 14^th January 1982 and published in the official Gazette on 15^th April of the same year. Article 14 of the ICCPR provides that, “All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law”.

 The judgment handed down by the military court in case 2 (year 2007) against 40 members of the Muslim Brotherhood leadership on 15^th April 2008 clearly indicates that the Egyptian government will continue to wrest the ordinary judiciary of its powers and use the exceptional judiciary to settle political scores in trials which do not provide defence guarantees. The Egyptian government prevents international rights groups from monitoring the proceedings during trials.

Military courts in Egypt form part of the general administration of the military judiciary, which the law describes as a division of the supreme command of the armed forces. Since military courts are part of the general administration of the supreme command of the armed forces, the law provides that appointment of the military judiciary is by a decree of the minister of defence. This means the judicial body is not independent: it is subject to all of the regulations described in the Military Service Law. The most significant of its characteristics is its discipline and subservience – which is at odds with the prerequisites of legal work. In addition the military court system in Egypt is restricted to armed forces officers.

ACIJLP strongly condemns the trial of civilians before military courts which has continued since the declaration of the state of emergency in 1981.

It urges the Egyptian President to stop the trial of civilians before military courts. These trials are incompatible with the process of development instigated by countries wishing to progress.

ACIJLP also urges the President of the Republic not to ratify the military court verdict issued in the case, and to send the case of the Muslim Brotherhood leadership for re-trial before the ordinary judiciary in application of article 68 of the Egyptian Constitution, and in conformity with Egypt’s international obligations.

Egyptian security bodies arrested the men against whom these verdicts have been issued in December 2006, and the military prosecution office charged them with a number of offences including membership of an illegal organisation aimed at hindering the application of the Constitution and the law, preventing state institutions and general authorities from carrying out their functions, assaulting the personal rights and freedoms of citizens guaranteed by the Constitution and the law and holding group meetings aimed at infiltrating student bodies and in particular Al-Azhar University. This is in addition to the charges of terrorism and money laundering.

The case was transferred to the military court more than a year after the ordinary criminal judiciary found the defendants innocent. The case was heard by the military court and the verdicts pronounced in the third hearing after being delayed twice previously, the first time on 26^th February 2008 when the court postponed judgement until 25^th March 2008. It then postponed the hearing until Tuesday 15^th April, when it handed down prison sentences against 25 defendants ranging between three and ten years. Fifteen defendants were found innocent.

The military court handed down ten-year prison sentences in absentia to five defendants currently abroad; Youssef Nad, Ali Ghaleb Mahmoud, Fathy El-Khouly, Youssef Tawfiq and Ibrahim Mohamed El-Zayaat. It found the sixth defendant tried in absentia innocent.

The court handed down a seven-year prison sentence to Khayrat El-Shater and Hassan Malek. It sentenced five defendants to five-year prison sentences; Ahmed Shousha, Ahmed Abdel Aty, Saber El-Sharqawy, Asad Mohamed and Ahmed Abdel Wareth.

The court sentenced five defendants to three-year prison sentences; Essam Hashish, Farid Galbat, Medhat El-Haddad, Diaa Eddin Farahat and Mostafa Salem. Fifteen defendants were found innocent and all of the defendants’ assets were seized by the court.    

back

Top