The practice of bringing civilians before military courts is a clear violation of international fair trial norms, as it has been demonstrated that these courts are often partial and cannot guarantee civilians the protection civil courts offer. In this sense, several Human Rights mechanisms have rendered decisions criticizing the use of military courts for trying civilians.

In Egypt, the broad wording of article 204 of the Constitution, and of the Code of Military Justice allows civilians to be brought before military courts under certain circumstances. This is especially true for peaceful demonstrators and political opponents that are therefore confronted to a biased judicial system and consequently judged arbitrarily.

Arrest and trial of the five civilians under trumped-up charges
The five aforementioned civilians tried before the Military Court have been arrested by Border guards while they were traveling by car as they were leaving for Sudan. They were tried under trumped-up charges for "carrying ammunitions with the aim of harming national interests" and for "illegally entering a military zone" situated south-west Aswan. The Court sentenced them all to one year of prison.

The recent decisions taken against Muslim Brotherhood supporters in Egypt, lead us to believe that they were arrested for being members of this political group. It is noteworthy that their adherence to this group was emphasized by the authorities when they were arrested. In consequence, they have been tried for having exercised their rights to freedom of expression and their right to freedom of peaceful assembly and of association.

Alkarama believes that decisions rendered by military courts against civilians, regardless of any other consideration, is a violation of international norms related to fair trial and should be banned from Egypt's legislation and Constitution. In this sense, a communication was sent to the UN Special Procedures asking for the release of the five aforementioned, or at least that they be put under the protection of the law.

Moreover, Egyptian authorities should release all people that are arbitrarily detained, and be reminded its obligations under international law to respect the right to freedom of expression and of peaceful assembly.