Members of more than 30 families of the Muslim Brotherhood (MB) leaders referred to the military tribunal, submitted on Friday Dec, 15th, 2007, a memo to the National Council for Human Rights (NCHR), demanding immediately releasing their loved ones, referring them to natural civilian justice, ending the current freeze on their assets and reopening their closed companies.
Representatives of families of the MB detainees were Zahraa Khairat Al Shater, Dr. Nadia the wife of Dr. Khaled Abdul Qader Awda, and wife of businessman Hassan Malek, plus representatives for children: Aisha and Anas, children of Hassan Malek and Assem Mahmoud Al Morsi. This delegation the NCHR seeking a meeting with Dr. Boutros Ghali- the chairman of the National Council for Human Rights. However, the now who met them was ambassador Mokhles Qotb, the NCHR Secretary-General, who asked them to give them all their demands, listened to them attentively, took the memo that included their demands, promising to study them, confirming that he opposes referring the civilians to the military court and promised to do every possible means to address their demands.
The memo that the families submitted detailed the illegal measures in contravention to all legal and constitutional traditions which the military justice committed against these detainees. The illegal measures are up to 14 starting from suddenly referring them to the military court till the many requests that the defense panel submitted but the military court rejected without any justification although they are important for the case.
The memo included a comment on the president decree no. 40 of the year 2007 of referring engineer Khairat Al-Shater and the others to the military justice, stating that this decree is illegal. This is because the constitution doesn"t give the president the right to refer the accused to the military justice, pointing out that the military justice is concerned with hearing crimes committed during the state of emergency in the military region defined by the decision, and she is the crimes harmful for the state security from the sides of inside and abroad, crimes harming the security of the state. This comment concluded that decision no. 40 of the year 2007 is illegal.