EOHR appeals to the President to stop the decision issued against “Magdy Hussein”

February 11th, 2009 by Editor


The supreme military court sentenced Magdy Ahmed Hussein, journalist and secretary general of the suspended Labor  party, to two years imprisonment and 5000 L.E fine in case NO. 11-2009 Military Misdemeanor.



EOHR confirmed 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. The Egyptian Constitution provided in its Article (68) that” Litigation is a right guaranteed to all people and each citizen has the right to resort to the natural judge, while the State guarantees the rapid disposition of cases and facilitate the litigation procedures “.


 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 Article(14)of the International Covenant on Civil and Political Rights 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 sees that submitting civilian to the military courts according to the emergency law conflicts with what the prime minister undertook before the parliament not to use the emergency law only to combat terrorism and drug trafficking cases.



In this regard, EOHR calls for stopping to submit civilians to the military courts and lifting the state of emergency imposed since 1981.It is worth noting that the mentioned man traveled to Gaza Strip to express about Egyptian people 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 “The sneak 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 Al Ismailia military court in case NO.11 -2009- military Misdemeanor. The military court refused the attendance of the defendant lawyers who stand at 25 lawyers and allowed for just only four to attend the prosecution investigation. The four lawyers refused to attend the investigations without the rest of other lawyers and the court deputized a lawyer to defend him although the defendant keeps to his lawyers.    






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This entry was posted on Wednesday, February 11th, 2009 at 12:57 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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