This decision follows a communication sent to the WGAD by Alkarama on 11 November 2013, which stressed that the trial of civilians by military courts – in particular civilians arrested for having exercised their right to freedom of expression and assembly – constituted a gross violation of international fair trial norms.

As stated in the 50th session WGAD report (para. 107), "One of the most serious causes of arbitrary detention is the existence of special courts, military or otherwise, regardless of what they are called." This view is equally shared by the African Charter on Human and People's Rights (ACHPR), which confirms that "Military courts should not in any circumstance whatsoever have jurisdiction over civilians." The right to a fair trial is non-derogable in the African system, therefore military trials of civilians are prohibited even when a state of emergency is declared.

Despite these internationally recognised human rights norms, Messrs Mohamed Essayed Ali Rasslan, Mohamed Mohamed Abdo Abdullah, Ahmed Hussein Ali, Ahmed Mohamed Tohamy, Motaz Ahmed Motwali, Mohamed Mohamed Adbuh, Assayed Mohamed Ezzat Ahmed and Assayed Saber Ahmed Suleiman were arrested on 4 July for peacefully demonstrating against the military takeover of 3 July 2013, whilst Messrs Ahmed Hassan Fawaz Atta, Mohamed Abdel Hamid Abdel Hamid, Sayyed Ali Abdel Zaher, Mahmoud Abdel Fattah Abbas were arrested on 14 August 2013 at the occasion of another peaceful demonstration in front of the Governorate of Suez's building.

All charged with several accusations of violence against the armed forces and public officers, the first group was sentenced to one year in prison, whilst the second group was sentenced to 15 years. As for 25 years old Ahmed Atta, he was sentenced to life imprisonment. They all deny the charges unequivocally, stating that they were fabricated.

In line with the constant jurisprudence of other regional and international human rights bodies, the WGAD reiterated its position on the issue of military trials, particularly significant in Egypt, and stated that "whatever the charges faced, civilians should not be tried by military courts, as such courts cannot be considered independent and impartial tribunals for civilians" and that his practice goes against article 14 of the International Covenant on Civil and Political Rights.

Consequently, the Working Group asked for the immediate release of the 12 individuals and to accord them an enforceable right to compensation. In addition, Alkarama calls the Egyptian authorities to end the practice of trying civilians in front of military court and to amend article 204 of the Egyptian Constitution in this sense.

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