On 3 March 2009, Alkarama sent a communication to the Working Group on Arbitrary Detention asking it to intervene with the Egyptian authorities regarding Mr. Hussein's sentence delivered at the end of an evidently unfair trial.

Magdy Ahmed Hussein is a writer, journalist, thinker and politician. He is the former editor-in-chief of the now closed newspaper ‘Al Shaab'. He is the Secretary-General of the frozen Labour Party and a leading figure of the KIFAYAH Movement (http://www.harakamasria.org). He also participated in demonstrations against the Israeli Operation ‘Cast Lead' in Gaza.

He was arrested on 31 January 2009 at the Rafah border crossing, coming back from Gaza. He was detained at Al ‘Arish prison until 5 February 2009. On the second day of his detention, he was held in a vehicle for 10 hours without food or drink, and was not permitted to use the toilet, wash or pray. During this period of detention he was presented to the military prosecution at Al ‘Arish where he was accused of entering the Gaza Strip without permission from the competent authorities.

On 5 February 2009, his case was transferred to the Military Court of Al Ismalia. Nevertheless the Military Court prevented his lawyers who came from Cairo from entering the tribunal and they were not able to access to their client's file. They refused to defend him in such conditions. The military judge then nominated three lawyers from the Military Court.

The judge postponed his sentencing until 11 February 2009. On this day, the Court was surrounded by security forces. The public and media were forbidden entry, and the lawyers and even people who worked for the court were prevented from entering. There was no formal announcement of the sentence imposed.

Mr Magdy Ahmad Hussein, a civilian and holding no military status, was tried by a military court which infringed international norms for a fair trial. Neither Mr Magdy Ahmed Hussein, nor his lawyers were permitted access to his file. Furthermore, his lawyers were not allowed into the hearing. The trial was held within the days of his arrest and he had no opportunity to defend himself. The hearing took place in camera because neither the public nor his lawyers were able to attend. All these factors therefore constitute a case of arbitrary detention.

Political tension and sensitivity is high in Egypt due to the war in the Gaza Strip from December to January 2009. The Egyptian government cracked down severely on all demonstrations organized to support the Palestinians - notably the arrest in January 2009 of numerous activists including the bloggers Philip Rizk, a German-Egyptian citizen and Diaeddin Gad who runs the ‘Angry Voice' blog, and mass arrests of demonstrators in January 2009.

Magdi Ahmad Hussein' s arrest must be seen in this context as he took part in several demonstrations, publicly stating his opposition to Israel's actions, and criticizing the Egyptian government's actions as well as the Egyptian official position on Gaza of keeping the borders to Gaza closed. His enter into Gaza was a way of peacefully expressing his opposition to this official position as well as his support for the people of Gaza.