Egypt: The Alexandria Military Court Sentences its Recent Victim for 6 Months Imprisonment

Cairo April 9, 2013

The Arabic Network for Human Rights Information (ANHRI), denounces today the sentencing “Saad Mohamed Ibrahim” for six months by Alexandria Military Court. The sentence came after illegal arrest procedures, investigations and trial, in which the military troops were the judge, jury and the executioner. This sentence falls in the series of the wasting the constitutional right of every citizen to be tried before his/her normal judge.

On Monday April, 8, Alexandria Military Court sentenced “Ibrahim” for six months imprisonment after it found him convicted of swearing at the military troops, presence in a military area without permits and possessing a cold steal weapons. He was sentenced, however, all the pleads of the lawyers which proved that what is stipulated in the investigations related to the the place and the time of arrest weren’t correct in addition to the non-logical testimony of the military arrest-officer and the lack of evidences that prove that the defendant possessed a cold steel among the evidences of the case.

While some Navy Personnels allegedly that they arrested him in an area affiliated to the Navy troops which is “Abou Qair armlet” in the night of February 18, 2013, while eye witnesses asserted and witnesses from the people of the area, asserted on that he was caught in the “Al-Abd beach” near by the armlet and it is an area affiliated to the borders guardians. The defendant also carry a valid permit to be presence in this area to perform his job. He was arrested in February 13, 2013, days before lodging the report!  The families of the area asserted that the fact of kidnapping Saad and arresting him by the Navy was in the frame of assaulting the persons who are affiliated to the troops against some of the civilians in the beach of “Al-Abd”, in a campaign aims to discipline the people after they protested to demand the Navy to do its job and rescue the sailors of a fishing boat that was sunk near the coast before a while.

ANHRI said that the facts of the case is a model that exposes what implies the military prosecutions for civilians which include total waste of their rights. Most of times, the military personnels are in a state of confrontation with some of civilians, who might be the assailant part; the rival and they also play the role of the arrest-officer so they arrest whoever they want from the civilians. Then the military troops, represented in the military police, lodge the report of arrest and initial investigations. After that the military forces, through the military prosecution, investigate the fact and play the role of the prosecutor. Finally, the military forces, itself, play the role of the judge through the military court in an absurd series that lack of any logic and lack the simple definitions of justice; even if it was provided in form”.

ANHRI added “the persistent of the military trials to the civilians along with destroying the constitutional principle that every citizen has the right be tried only before his natural judge, it entrenchs the establishing of a state within and above the state. It is a state that combine all its multiple authorities for one body in which there is no independence for who play the role of the investigation, prosecution or the judiciary, they are all organizing in the frame of one leadership and represent one body; their official role make it inevitable on them to consider its interests before any other entity or body”.

ANHRI holds the president “Morsi” responsible, in his capacity, as the Supreme Commander of the Armed Forces, for the persistence of using the military trial for civilians as tool of repression and waste the rights. ANHRI demands him to intervene in this case and its similarities, as he has the power to ensure justice. ANHRI demands from the Shoura council, which is assigned to draft the legislations in absence of the House of the Representatives, to amend the judicial authority law to be in line with the spirit of the Egyptian constitution through the records of the discussions of the Constituent Assembly, which disappointingly failed to fully prohibit appearing of the civilians before the military courts. But these discussions set a guiding frame to the crimes and facts that allow of sending the civilians to the military courts, which for sure do not broaden to include facts like “Saad Mohamed Ibrahim” fact.

Also available in : العربية

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