Ikhwanweb :: The Muslim Brotherhood Official English Website

Tue109 2018

Last update19:14 PM GMT

Back to Homepage
Font Size : 12 point 14 point 16 point 18 point
:: Issues > Prisoners of Conscience
Egypt: Al Shater appeal against arbitrary detention rejected, despite WGAD opinion
Egypt: Al Shater appeal against arbitrary detention rejected, despite WGAD opinion
The Egyptian Military Court of Appeals today rejected the appeal lodged by Mr. Khairat Al Shatter and 17 other leaders of the Muslim Brotherhood against sentences ranging from 3 to 10 years issued against them by Egypt's Supreme Military Court on 15 April 2008.
Thursday, November 19,2009 07:01
alkarama.org

The Egyptian Military Court of Appeals today rejected the appeal lodged by Mr. Khairat Al Shatter and 17 other leaders of the Muslim Brotherhood against sentences ranging from 3 to 10 years issued against them by Egypt's Supreme Military Court on 15 April 2008. This decision to maintain the 18 individuals in detention is in contradiction with the Opinion adopted by the Working Group on Arbitrary Detention (WGAD) on 12 September 2008 which states:
The deprivation of liberty of Messrs. Mohamed Khirat Saad Al-Shatar; Hassan Ezzudine Malek; Ahmed Ashraf Mohamed Mostafa Abdul Warith; Ahmad Mahmoud Shousha; Ayman Abd El-Ghani Hassanin; Esam Abdul Mohsen Afifi; Essam Abdul Halim Hashish; Farid Aly Galbt; Fathy Mohamed Baghdady; Mamdouh Ahmed Al-Husseini; Medhat Ahmad El-Haddad; Mohamed Ali Bishr; Mostafa Salem; and Murad Salah El-Desouky is arbitrary, being in contravention of articles 9, 10 and 11 of the Universal Declaration of Human Rights and articles 9 and 14 of the International Covenant on Civil and Political Rights, and falls within categories I and III of the categories applicable to the consideration of the cases submitted to the Working Group. [Working Group on Arbitrary Detention, Opinion 27/2008 (EGYPT) adopted on 12 September 2008, para 85]

The Working Group then requested, over a year ago, "the Government of Egypt to take the necessary steps to remedy the situation of the above mentioned persons and to bring it into conformity with the standards and principles set forth in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights."

These 18 individuals were part of a group of 26 leaders of the Muslim Brotherhood, arrested in December 2006 and January 2007 by the Egyptian State Security Intelligence. They were charged in January 2007 with membership of a banned organization and provision of arms and military training to University students. However, on 29 January 2007, the Cairo Criminal Court questioned the detainees and then issued release orders for all 26 of them, stating that there was no evidence against the detainees and that the extension of the detention period was not justified. The Judge specifically called on the Executive authorities to respect his decision.

The Ministry of Interior failed to comply with this ruling and issued administrative detention orders for the 26 individuals, then on 4 February 2007, the President of the Republic acting in his capacity as Supreme Commander of the Armed Forces, ordered that the detainees be tried by the Supreme Military Tribunal of Heikstep, Cairo. The Working Group on Arbitrary Detention considered "that, in principle, military tribunals should not try civilians. The Human Rights Committee has also expressed concern that these tribunals as well as State Security Courts show no guarantees of independence."

On 24 April 2007, the Cairo Criminal Court acquitted for the second time 17 of the above-mentioned detainees, in response to an appeal filed by their relatives and overruled the State Prosecutor's decision to freeze the detainees' assets. The authorities did not carry out the acquittal decisions and ordered instead that the military trials begin on 26 April 2007.

On 15 April 2008, the Supreme Military Court sentenced the above named 12 individuals and 5 others to sentences ranging from 3 to 10 years, acquitting the rest. Five months after this, the United Nations Working Group on Arbitrary Detention adopted the Opinion cited above, stating that the detention of these 12 individuals was arbitrary, because Egyptian Military Courts do not offer the guarantees to a fair trial set out in articles 14 of the International Covenant on Political and Civil Rights (ICCPR) and the Government's failure to comply with court orders for release on two occasions violates article 9 of the ICCPR.

Today's decision by the Military Court of Appeals to confirm the sentenced issued in April 2008 therefore contradicts this opinion adopted by the Working Group, demonstrating that Egypt's Military courts can in no way be considered independent. It also means that the 17 people mentioned above have been detained arbitrarily for nearly 3 years.

This court decision comes in the context of a campaign of mass arrests and detentions of political opponents to the Egyptian Government by the authorities in Egypt, targeting in particular leaders of the Muslim Brotherhood and their supporters. This is seen by many observers as an attempt to weaken the chances of potential candidates for the 2010 Egyptian parliamentary elections, remembering that in 2005, the Muslim Brotherhood won 88 out of 454 seats in Parliament, making it the largest opposition bloc in Parliament. The 17 individuals referred to above were indeed arrested in the wake of the results of the last election; the prolonging of their detention can be seen as a pre-emptive move by the authorities before the upcoming 2010 elections.

Alkarama will inform the United Nations Working Group on Arbitrary Detention of the new developments in this case and will request that they again remind the Egyptian authorities to conform to their international obligations and to effectively cooperate with the United Nations Special Procedures.


tags: Shater / The Egyptian Military / leaders of the Muslim Brotherhood / Military Court / Arbitrary Detention / Human Rights in Egypt
Posted in Prisoners of Conscience , Military Tribunal , Human Rights  
Add Comment Send to Friend Print
Do Not Be Sad Atef
I say just one word, be patient and persistant to any difficulty you are facing at the moment because simply it is the fate of real men to be examined in that life. Neverthless, the reward will be duplictate in hereafter... freedom is obligatory and looking forward to acheiving that goal, i mean getting our freedom, costs alot. So, we are supportingyou all our honnorable men of ikhwan .. may ALLAH be by you all ameen
Wednesday, November 25,2009 14:17
Related Articles
Justice subverted: 7th session of MB leaders before military courts
Lawyer Haitham al-Maleh referred to the Military Courts
State security forces continue targeting high-ranking leaders of the Muslim Brotherhood, including former MP
11 High ranking leaders Of the Muslim Brotherhood remain in custody for 15 days
Postponement of the appeal on the refusal to release 13 MB members in military courts
Gates: Egyptian Military Aid Not Conditional on Democracy, Human Rights
Administrative Court Refuses Contestation of Transferring Civilians to Military Courts
MB Leader: Transfer of Civilians to Military Courts is a Proof of Political Weakness
Parliamentary Bloc of MB Demands Ending Trial of Magdy Hussein to Military Court
MB Challenges Against Military Court Rulings To Be Looked Into Today
Egypt: Military Court Convicts 25 Members of Opposition Group in ’Transparently Political Verdict
HRW: Military Court Rulings Show Government Contempt for Democratic Rights
MB Parliamentary Bloc Denounces Unjust Military Court Rulings
MB: Military Court Rulings Will Further Tarnish Egypt’s Reputation
Egypt: Rights Groups Reject Military Court Rulings Against MB
Military Court Postpones Its Ruling to April 15th
Military Court Decides Tuseday Fate of 40 Egyptian Reformers
Three American Human Rights Activists Will Observe Military Court Verdict’s Session Tomorrow
Human Rights Group Slams Egypt ’s Anti-Terrorism Law, Military Courts
Egypt military court postpones verdict in trial of 40 Muslim Brotherhood members, lawyer says
MB Defense Team Criticizes Military Court’s Violations
Ikhwanweb’s Statement on Postponing Military Court Ruling
Egypt: Rights Groups Reject Military Court Rulings Against MB
Independent observers needed in Egyptian military court