The Egyptian organization calls the President for stopping the decision issued against Mohamed El Shater and appeals to retrial other defendants before the normal judge

April 16th, 2008 by EOHR

The Egyptian organization for human rights expresses its deepest worries concerning the decision that issued by the Supreme Military Court on 15/4/2008 in case No. 2 2007 against Mohamed El Shater and others who were sentenced to 3-10 years imprisonment .EOHR calls the President to stop the decision issued against Mohamed El Shater and retrial defendants before the normal judge .

The facts of this case come back to the parade of El Azhar’s students which followed by the arrest of El Shater and a group of professors and students of El Azhar university ,besides some leaders of Muslim Brotherhood .Those students who were participated in the parade , were accused in case No. 963-2006 and they were submitted to the State Security Prosecution which took a decision to arrest them pending the investigations .

The defense of El Shater and his fellows submitted a complaint to Cairo Criminal Court against the decision issued by the State Security Prosecution which depends on the amendment of Law No.145 -2006 ( the law of criminal procedures ) . The mentioned court issued a decision to release them but that decision has not been implemented, as well as the Attorney Prosecutor issued a decision to reserve on their properties (movable –real state ) without the disposal of their wives and children if they are adults or minors .

On 26/11/2001, a decision was issued to submit the case to the military judge and military prosecution exercised its investigations and accused them of the following :-

  • Joining the banned group founded against the provisions of the law which disrupts the state bodies to do their tasks.
  • Charging defendants from 1: 21 with dirty money laundering for the purposes of the Muslim brotherhood , as well as the investment of those funds to achieve their needs. As for defendants from 22: 29 ,they were shared with the mentioned defendants in dirty money laundering with the full knowledge of course what they are doing.

The case was submitted without performing investigations by the military prosecution with 16 defendants as well as the decision was issued suddenly in the official holiday and only one day before the appointment which was determined for the session .On 26/4/2007 the military court in Cairo recruitment region (Hykstep) started the first sessions which were held over 66 sessions .

It is worth noting that this case was submitted in accordance with Article 6 of Martial Law No.25/1966 amended by Law No.5 of 1977 which gives the president the right to submit civilians to the military courts in the light of the state of emergency .This article has been used since 1992 to submit civilians to the military courts . These kinds of cases comes to 7 cases since 1995 until now .

The Egyptian organization for human rights expresses about its condemnation concerning the continued phenomena of submitting civilians to the military courts . It confirms the need to respect the legal and procedural rules during the trial and the right to appeal for a high court and the right to stand before an independent court established by rules of law . However , these conditions are not available in the military courts or emergency state security courts .So EOHR calls the President to stop the implementation of the issued decision and retrial defendants before the normal judiciary and stop submitting civilians to the military courts .

In this concern , the Egyptian organization calls for a group of recommendations as follows :-

    1- Canceling the submission of civilians to the military courts which violate the guarantees of fair and just trial and violate the right of defendants to prepare their defense as well as violate the defense right to study the case ‘s files and meet their defendants in solitude in contrast with what Article 68 of the constitution stipulated “Every citizen has the right to resort to the normal judge,” and Article 14 of the International Covenant on Civil and Political Rights which states that “all persons are equal before the courts.
    2- The military courts should be formed for just militants and against crimes committed inside camps or barracks or institutions, factories, ships, aircraft or vehicles or premises or shops occupied by militants and other crimes committed against equipments ,arms , ammunition, documents and secrets of the armed forces and all belongings. So Article 4/7 which submits civilians to the military courts should be canceled .
    3- Canceling Article 48 of the law which gives the martial judiciary the power to determine if the crime occurred inside its jurisdiction or not.
    4- Canceling Article 6 of the Martial Law No.25 of 1966 amended by Law 5 of 1977 . This Article gives the president the right to submit civilians who committed crimes stipulated in the first and second chapters of the second book of the penal code and the subsidiary crimes to the military courts in the light of the state of emergency .

Table includes the names of the defendants in the case No. 2 2007 .

SER NAME PROFESSION DECISION
1 MOHAMED KHIRAT SAAD EL SHATER ENGINEER 7 YEARS
2 HASSAN EZZ EL DIN MALEK ENGINEER 7 YEARS
3 ESSAM ABDUL HALIM HASHISH DOCTOR 3 YEARS
4 AHMED MAHMOUD SHOUSHA ENGINEER 5 YEARS
5 MOHAMED MAHOUD HAFEZ DOCTORS RELEASED
6 AHMED MOHAMED ABDUL ATY 5 YEARS IN DEFAULT
7 FARID ALY AHMED GALBAT DOCTOR 3 YEARS
8 SADIK ABDUL EL RAHMAN EL SHARKAWY 5 YEARS
9 YASSER MAHMOUD ALY RELEASED
10 ABDUL RAHMAN MOHAMED SOADY DOCTOR RELEASED
11 KHALED ABDUL KADER ALY OADA DOCTOR RELEASED
12 MEDHAT AHMED MAHMOUD ENGINEER 3 YEARS
13 DIAA EL DIN EL SAYED FARAHAT DOCTOR 3 YEARS
14 MAMOUD EL MORSY KORA ENGINEER RELEASED
15 AHMED ASHRAF MOSTAFA ABDUL WARES ENGINEER 5 YEARS
16 OSAMA ABDUL MOHSEN SHARBY ENGINEER RELEASED
17 AHMED AHMED EL NAHAS ENGINEER RELEASED
18 MAHMOUD ABDUL LATIF ALY ABDUL GAWAD RELEASED
19 SAIS SAAD ALY RELEASED
20 GAMAL MAHMOUD SHABAN RELEASED
21 ASAAD MOHAMED AHMED EL SHIKHA ENGINEER 5 YEARS IN DEFAULT
22 YOUSSEF MOSTAFA NADA ENGINEER 10YEARS IN DEFAULT
23 MOHAMED ISMAEL ALY BASHR DOCTOR 3 YEARS
24 ALY GHALEB MAHMOUD HEMAT 10 YEARS IN DEFAULT
25 FATHY AHMED HASAN EL KHOLY 10 YEARS IN DEFAULT
26 YOUSSEF TAWFEEK ALY TAWFEEK 10 YEARS IN DEFAULT
27 IBRAHIM FAROUK MOHAMED EL ZAIAT 10 YEARS IN DEFAULT
28 HASAN MOHAMED AHMED ZALAT RELEASED
29 AMIR MOHAMED BASAM DOCTOR RELEASED
30 MAHMOUD AHMED ABU ZEID DOCTOR 3 YEARS
31 AHMED EZ EL DIN EL GHOUL RELEASED
32 AYMAN AHMED ABDUL GHANY HASSANEIN ENGINEER 3 YEARS
33 SALAH EL DOSOUKY AMER MOURAD DOCTOR 3 YEARS
34 ESSAM ABDUL MOHSEN AFIFY DOCTOR 3 YEARS
35 MAMDOUH AHMED ABDUL MOATY ENGINEER 3 YEARS
36 MOHAMED MAHNY HASAN RELEASED
37 MOHAMED ALY FATHY BALGHY DOCTOR RELEASED
38 SAYED MAAROUF ABU EL YAZID 3 YEARS
39 FATHY MOHAMED ALY BAGHDADYALY 3 YEARS
40 MOSTAFA MOHAMED MAHOUD SALEM 3 YEARS

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This entry was posted on Wednesday, April 16th, 2008 at 5:10 am and is filed under Statements. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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