The Egyptian organization calls the President for stopping the decision issued against Mohamed El Shater and appeals to retrial other defendants before the normal judge


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1/6/2002

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The Egyptian organization calls the President for stopping the decision issued against Mohamed El Shater and appeals to retrial other defendants before the normal judge

16/4/2008

The Egyptian organization for human rights expresses its deepest worries concerning the decision that issued by the Supreme Military Court on 15/4/2008 in case No. 2 2007 against Mohamed El Shater and others who were sentenced to 3-10 years imprisonment .EOHR calls the President to stop the decision issued against Mohamed El Shater and retrial defendants before the normal judge .

The facts of this case come back to the parade of El Azhar’s students which followed by the arrest of El Shater and a group of professors and students of El Azhar university ,besides some leaders of Muslim Brotherhood .Those students who were participated in the parade , were accused in case No. 963-2006 and they were submitted to the State Security Prosecution which took a decision to arrest them pending the investigations .

The defense of El Shater and his fellows submitted a complaint to Cairo Criminal Court against the decision issued by the State Security Prosecution which depends on the amendment of Law No.145 -2006 ( the law of criminal procedures ) . The mentioned court issued a decision to release them but that decision has not been implemented, as well as the Attorney Prosecutor issued a decision to reserve on their properties (movable –real state ) without the disposal of their wives and children if they are adults or minors .

On 26/11/2001, a decision was issued to submit the case to the military judge and military prosecution exercised its investigations and accused them of the following :-

Joining the banned group founded against the provisions of the law which disrupts the state bodies to do their tasks.
Charging defendants from 1: 21 with dirty money laundering for the purposes of the Muslim brotherhood , as well as the investment of those funds to achieve their needs. As for defendants from 22: 29 ,they were shared with the mentioned defendants in dirty money laundering with the full knowledge of course what they are doing.

The case was submitted without performing investigations by the military prosecution with 16 defendants as well as the decision was issued suddenly in the official holiday and only one day before the appointment which was determined for the session .On 26/4/2007 the military court in Cairo recruitment region (Hykstep) started the first sessions which were held over 66 sessions .

It is worth noting that this case was submitted in accordance with Article 6 of Martial Law No.25/1966 amended by Law No.5 of 1977 which gives the president the right to submit civilians to the military courts in the light of the state of emergency .This article has been used since 1992 to submit civilians to the military courts . These kinds of cases comes to 7 cases since 1995 until now .

The Egyptian organization for human rights expresses about its condemnation concerning the continued phenomena of submitting civilians to the military courts . It confirms the need to respect the legal and procedural rules during the trial and the right to appeal for a high court and the right to stand before an independent court established by rules of law . However , these conditions are not available in the military courts or emergency state security courts .So EOHR calls the President to stop the implementation of the issued decision and retrial defendants before the normal judiciary and stop submitting civilians to the military courts .

In this concern , the Egyptian organization calls for a group of recommendations as follows :-

Table includes the names of the defendants in the case No. 2 2007 .

SER	NAME	PROFESSION	DECISION
1	MOHAMED KHIRAT SAAD EL SHATER	ENGINEER	7 YEARS
2	HASSAN EZZ EL DIN MALEK	ENGINEER	7 YEARS
3	ESSAM ABDUL HALIM HASHISH	DOCTOR	3 YEARS
4	AHMED MAHMOUD SHOUSHA	ENGINEER	5 YEARS
5	MOHAMED MAHOUD HAFEZ	DOCTORS	RELEASED
6	AHMED MOHAMED ABDUL ATY		5 YEARS IN DEFAULT
7	FARID ALY AHMED GALBAT	DOCTOR	3 YEARS
8	SADIK ABDUL EL RAHMAN EL SHARKAWY		5 YEARS
9	YASSER MAHMOUD ALY		RELEASED
10	ABDUL RAHMAN MOHAMED SOADY	DOCTOR	RELEASED
11	KHALED ABDUL KADER ALY OADA	DOCTOR	RELEASED
12	MEDHAT AHMED MAHMOUD	ENGINEER	3 YEARS
13	DIAA EL DIN EL SAYED FARAHAT	DOCTOR	3 YEARS
14	MAMOUD EL MORSY KORA	ENGINEER	RELEASED
15	AHMED ASHRAF MOSTAFA ABDUL WARES	ENGINEER	5 YEARS
16	OSAMA ABDUL MOHSEN SHARBY	ENGINEER	RELEASED
17	AHMED AHMED EL NAHAS	ENGINEER	RELEASED
18	MAHMOUD ABDUL LATIF ALY ABDUL GAWAD		RELEASED
19	SAIS SAAD ALY		RELEASED
20	GAMAL MAHMOUD SHABAN		RELEASED
21	ASAAD MOHAMED AHMED EL SHIKHA	ENGINEER	5 YEARS IN DEFAULT
22	YOUSSEF MOSTAFA NADA	ENGINEER	10YEARS IN DEFAULT
23	MOHAMED ISMAEL ALY BASHR	DOCTOR	3 YEARS
24	ALY GHALEB MAHMOUD HEMAT		10 YEARS IN DEFAULT
25	FATHY AHMED HASAN EL KHOLY		10 YEARS IN DEFAULT
26	YOUSSEF TAWFEEK ALY TAWFEEK		10 YEARS IN DEFAULT
27	IBRAHIM FAROUK MOHAMED EL ZAIAT		10 YEARS IN DEFAULT
28	HASAN MOHAMED AHMED ZALAT		RELEASED
29	AMIR MOHAMED BASAM	DOCTOR	RELEASED
30	MAHMOUD AHMED ABU ZEID	DOCTOR	3 YEARS
31	AHMED EZ EL DIN EL GHOUL		RELEASED
32	AYMAN AHMED ABDUL GHANY HASSANEIN	ENGINEER	3 YEARS
33	SALAH EL DOSOUKY AMER MOURAD	DOCTOR	3 YEARS
34	ESSAM ABDUL MOHSEN AFIFY	DOCTOR	3 YEARS
35	MAMDOUH AHMED ABDUL MOATY	ENGINEER	3 YEARS
36	MOHAMED MAHNY HASAN		RELEASED
37	MOHAMED ALY FATHY BALGHY	DOCTOR	RELEASED
38	SAYED MAAROUF ABU EL YAZID		3 YEARS
39	FATHY MOHAMED ALY BAGHDADYALY		3 YEARS
40	MOSTAFA MOHAMED MAHOUD SALEM		3 YEARS

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Egyptian Organization for Human Rights is a member in five Organisations that are Consultant in the UN Economic Social Council (ECOSOC)