Alkarama had already raised his case to the WGAD in January 2015 and reiterates its call to the Egyptian authorities to release him and to revoke the sentence handed against him by the Military Court. Shousha was sentenced under trumped-up charges of "illegal demonstration," "possession of streamers and smoke grenades" and "belonging to a terrorist group [the Muslim Brotherhood]." It follows an arbitrary detention during which he was continuously detained inside police stations and not juvenile centre and where he reported having been regularly ill-treated by police officers and other detainees.

Furthermore, Shousha was detained with adults, in breach of article 10.2-b of the International Covenant on Civil and Political Rights (ICCPR) that specifies that "accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication." Finally, the prosecution never brought evidence of Shousha's involvement in any demonstration, his alleged membership to the Muslim Brotherhood or the possession of streamers and smoke grenades. In fact, he was just walking in the streets with friends when he was assaulted and arrested.

Shousha was referred before a military court on the basis of Decree No. 136 of 2014, adopted by the Egyptian President Al Sisi, that has extended the jurisdiction of military courts over cases of "public property damaging" by individuals. The simple fact of demonstrating peacefully in the streets can be seen as a "danger to public property" and therefore falls under the broad scope of jurisdiction granted by this decree to military courts.

According to international human rights standards, trials of civilians before such tribunals are unlawful and should be dismissed. They are indeed "in breach of the fundamental requirements of independence and impartiality and of guarantees for a fair trial required by article 10 of the UDHR, articles 9 and 14 of the ICCPR and customary law," as recognised by the United Nations on numerous occasions, including by the WGAD. This same Working Group has also recently alarmed the international community about the "widespread and systematic" arbitrary detention of young individuals in Egypt, a trend confirmed by the arbitrary sentencing of Shousha. Since July 2013, approximately 3,200 children have been arrested and many experienced torture and ill-treatment in detention.

Alkarama reiterates its call to the Egyptian authorities to release Shousha and to revoke his sentencing to three years in prison by Ismailia Military Court and calls upon the United Nations Working Group on Arbitrary Detention (WGAD) to intervene with the authorities in this sense. The Egyptian authorities should end trials of civilians before military court and annul Decree No.136 of 2014. It should also end the widespread detention of young individuals and ensure that all detentions of such vulnerable individuals are lawful and meet international human rights standards.

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