EOHR denies the trial of “Magdy Hussein” before the military courts

February 4th, 2009 by Editor

 

The Egyptian Organization for Human Rights(EOHR) expresses its deepest worries about submitting “Magdy Ahmed Hussein”, journalist and secretary general of the suspended  El Amal party to the military trial in El Ismailia governorate.

 

    

Hussein traveled to Gaza Strip to express Egyptian people’s solidarity with Palestinian case. The Egyptian authority stopped him as soon as he had arrived at Rafah Crossing after his return from Gaza Strip on Saturday 31/1/2009. He was charged with “sneaking to Gaza Strip illegally” . The investigations were conducted at the military prosecution at El Arish governorate which issued its decision on 3/2/2009 by submitting “Magdy Ahmed Hussein” to the military court in case NO.11 -2009- military Misdemeanor. The military court issued its decision according to the presidential decision No.298 -1995.

 

 

In this regard, EOHR confirms that submitting civilians to the military courts is a decision that violates the Egyptian Constitution and the international conventions concerning the right to fair trial which is one of the most important foundations for achieving justice and equal opportunity without prejudice the rights of other citizens. Article 68 of the Egyptian Constitution provided that “Litigation is a right guaranteed to all people and each citizen has the right to resort to the natural judge, the State guarantees the rapid disposition of cases ”  .As for the international covenants, the Universal Declaration of Human Rights in its Article (10) provided that” Everyone has the right , as equal as to others , that his case is being considered before independent and impartial court “. Also article 11 paragraph 1 of the declaration stated “The necessary for providing all guarantees that the defendant needs to defend himself before trials”. Also International Covenant on Civil and Political Rights in article (14 ) provided that “All persons are equal before the courts , everyone has the right that his case is being considered by fair and independent court established in accordance with the law”.

 

 

In this regard, EOHR seeks to halt the trial of Magdi Hussein before the military court and calls upon his before the natural judge in accordance with the Egyptian Constitution and the international covenants which were ratified by the government and become the international legal obligation, particularly in the light of the fact that the military courts violate the right of citizens to get all their legal and judicial guarantees to defend themselves, as well as the decisions issued by these courts are not questioned by other court , however they are being subjected to the control of the supreme commander of armed forces ,namely the president of the republic.

 

 

 

 

 

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This entry was posted on Wednesday, February 4th, 2009 at 1:18 pm 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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