In a new application for Emergency Law

April 22nd, 2010 by Editor

Referring  5 members of Muslim Brotherhood to the Supreme State Security Court of Emergency

 

On Thursday, 04/22/2010 the Attorney-General, Mr. “Abdel Meguid Mahmoud,” issued a decision of referring  both of Dr. Ashraf Abdel Ghaffar,  assistant Secretary-General of the Medical Syndicate  and Wajdi Abdel Hamid Ghoneim, Islamic preacher, Awad Mohamed Qarni Saudi nationality and Islamic preacher, Osama Mohamed Suleiman, chairman of the board of Al Sabah company  for exchange and Ibrahim Moneiur Mostafa to the Supreme State Security Court of Emergency in a clear violation to the right to fair trial which is guaranteed according to the constitution and international covenants concerned with human rights.

The events of the case go  back to July of 2009 on the basis of investigations made by the State Security submitted to the public prosecution informing that  the defendants mentioned above provided a group founded in opposition to law’s provisions, this group aims at disabling  the provisions of the Constitution, laws and prevent state institutions to practice their duties . Also the fifth defendant was accused of receiving money for the group’s sake from abroad on his expense in several banks in Egypt and funding the economic projects of the group and receiving profits to finance the group’s activities.

EOHR confirms that according to this decision, defendants will be trialed before the  Supreme State Security Court of Emergency which was established according to the Emergency Law No. 162 of 1958, and its amendments – as it is considered an exceptional courts that may not be challenged, the matter which contradicts to the international covenants on human rights ratified by the Egyptian government and became part and parcel of its domestic law in accordance with Article 151 of the Constitution.

In this regard, EOHR expresses its deepest worries  on the continued phenomenon of referring civilians to military courts and the courts of the Supreme State Security of Emergency, in a clear violation to the right to stand before the natural judge and to appeal before higher court and the right to stand before an independent court established under the law. EOHR calls for referring the mentioned defendants to be trialed before the natural judge. Also it appeals to the president of republic to stop implementing the decision.

Also EOHR calls for lifting the state of emergency which has been imposed since 1981 till now and return to the constitutional legality and natural law, stressing on the importance of the government’s response to the recommendations of UN Human Rights Council on lifting the state of emergency before the end of April  within the framework of the Universal Periodic Review of Egypt’s file on the situation of human rights.

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