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EOHR Denounces the Military Courts and Demands El Shater and Others to be Tried Before a Normal Court
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8/2/2007
EOHR condemns the trial of engineer Khairat El Shater and other Muslim Brotherhood leaders before the military court in the case (963/2006 Supreme State Security Court). El Shater is the second vice-General Leader of the Muslim Brotherhood. EOHR reaffirms its rejection to the military courts trials as they constitute a breach to the right to fair trial furnished by the Constitution and international human rights documents.
The case (963/2006 Supreme State Security Court) was transferred to the military court according to Article 6 of the Martial Laws No. 25/1966 amended by Law 5/1977 which gives the authority to the president of the republic in the shadow of the state of emergency to transfer civilians to military courts in crimes stipulated in Chapters I and II of the 2nd Book of the Penal Code.
The aforementioned Article was used in 1992 to transfer civilians to military courts. The number of cases where members of Muslim Brotherhood were transferred to military courts reached 7 cases since 1995.
Accordingly, EOHR states its anxiety concerning the spread of the use of Emergency Law by the authority against civilians whom are not charged in terrorism cases, which contradicts the Government promises made to the parliament not to use the Emergency Law in cases other than ones related to terrorism.
In this context, EOHR demands that suspects in case (963/2006 Supreme State Security Court) be tried before a normal court, as the military court lacks many guarantees to a fair trial such the right of suspects to issue their own defending notes and they have to right to review the case documents or meet with their lawyers. On another side, military courts are considered exceptional courts for civilians, as they cant appeal or challenge the court decision, and these decisions also doesn't fall under any other judicial body. The military court decisions fall under the authority of the president of the republic who is the supreme leader of the military forces, or any military person appointed by the president. EOHR also demands an immediate end to the state of emergency which is enabled since 1981, as it gives a pretext to violate rights and freedoms granted by the Constitution and international human rights documents, especially the right to fair trial. Also all political powers and streams should be integrated into the Egyptian society for more participation, and also to enjoy the right to establish political parties regardless of their ideological affiliation.
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