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The Egyptian Organization for Human Rights Annual report 1999-2000 |
eohr@eohr.org info@eohr.org
eohr@link.com.eg
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Introduction
Section One Section Two : Section Three Section Four |
The Human Rights Situation in Egypt Violations of Human Rights 2000-2001 Fifth: The Right to a Fair & Impartial Trial The referral of civilians to stand trial before exceptional court hearings has raised the EOHR's concern which has expressed its steadfast position regarding trials "which are heard before military courts, the National Security's Supreme Court, and the National Security's Emergency Court." The organization considers these trials to be flagrant violations against the defendant's rights to a just & impartial trial due to the fact that the defendants are denied the regulating guarantees as is stipulated in the constitution. Such trials also violate Article "14" of the International Covenant on Civil and Political Rights guaranteeing the right of every individual to a fair and impartial trial based on the law. Furthermore, such trials are constant violations against the independence of the judiciary and rob public courts of their authority, and they rob each individual's guarantees of trial before ordinary civilian courts. According to the investigations carried out by the EOHR, there have been 34 reported cases of trials presented before military courts; these same courts have ordered the execution of 92 suspects and have passed 644 prison sentences. A total of 297 have been ordered released, however, a large number of these still remain imprisoned due to administrative decrees for their retainment. The Years 1999 & 2000 witnessed the issuance of military decrees regarding a case known by the name of "These Returnees from Albania" as well as another for Case # 18/1999 known as "The Case of the Labor Unions." On 18/04/99 the Military Supreme Court of Cairo issued its verdict regarding the Military Felonies Case # 8/1998 - "These Returnees from Albania." The case involved (107) suspects; the verdict included the execution of 9 suspects, 11 sentenced to life imprisonment with hard labor, 18 sentenced to 15 years with hard labor, 19 sentenced to 10 years, 12 sentenced to 7 years, 7 sentenced to 5 years, 8 sentenced to 3 years, 3 sentenced to 1 year, and 20 were ordered to be released. The military court, on 19/11/2000 also issued a verdict for Military Felonies Case # 18/1999 - "The Case of the Labor Unions" - involving 20 suspects; the verdict included the sentencing of 15 of those involved to terms ranging from 3-5 years, and the release of the remaining 5. This trial is a continuation of a number of previous military rulings issuing executions regardless of the fact that most of the cases heard do not involve any acts of violence or terrorism. From another point of view, the National Security's Emergency Supreme Court is supposed to be an institution dealing with exceptional cases - involving such acts as political violence and terrorism. The EOHR believes that the ongoing referral of such unrelated cases to the military courts is a grave violation against any individual's right to a fair and just trial. In addition to this, the organization believes that such individuals are treated unjustly due to the fact that they are tried and sentenced before exceptional courts from whose hearings and procedures outsiders are exclusively forbidden access. No authorities are allowed to monitor the sessions - thereby insuring that the procedures and verdicts issued are unchallenged and unquestioned. According to the field research carried out by the EOHR, the National Security's Emergency Supreme Court has issued, during its session which convened on 08/03/99, a verdict for the case known as the case of "The Video Rental Clubs" involving 24 suspected individuals. According to its verdict the court sentenced 4 individuals to 15 years of hard labor, 5 to 10 years of hard labor, 1 individual to 3 years, and the release of the remaining 9 individuals. The State Security's Emergency Supreme Court of Giza issued its verdict during its 29/04/1999 session on a case known by the name "Survivors of the Fire." The individuals accused included Magdi Zeinhom, 'Ali al-Safti, 'Abdallah Abu el-'Ela, were sentenced to life in prison with hard labor. The National Security's Supreme Court of Giza issued its verdict for another of the 2 accused individuals sentencing them, in-absentia, to life in prison with hard labor during the court's session of September 2, 1989 for the same accusations. They were retried and were presented before the court - the aforementioned verdict was issued upon them. Referrals- Verdicts Issued through Military Courts First Verdict Issued in December 1992 Organization # of Cases # of the Accused Executions Imprisonment Acquittals Gammaa' Islamiya --------18----- 557---- 63 ------337 ----173 Gihad ----8 -----275 ----25 -----145 ------115 Shawqiyun ----1 -----32---- 4 -----21---- 7 Moslem Brethren ---5 ----118 ---?---- 79---- 39 Total --32 ----1012 ---92 ----582---- 335 |
E O H R A N N U A L R E P O R T 1 9 9 9 - 2 0 0 0 |
