29 February 2012

Egypt: Release of 9 civilians detained and tried before military court

Nine civilians tried before military courts have been released following a pardon on 25 January 2012 by the Supreme Council of the Armed Forced (SCAF). Given the unlawful nature of their detention, Alkarama submitted their cases to the UN Working Group on Arbitrary Detention (WGAD) on 11 October 2011.

These nine civilians were arrested and charged, for similar offences, following which their cases were transferred to military courts. However, under international law, civilians should not be tried by military courts.

Osman Ahmed Abu Zaid (51 years old) and his son Badran Osman Ahmed Abu Zaid (19 years old) and Osman's brother Helal Ahmed Abu Zaid (53 years old) and Mahmoud Hamed Hanafi Mohamed were arrested following a quarrel between them and a member of the former ruling party who were shot at them. The same individual informed police officers of what happened and they proceeded to arrest the four individuals that day. All presented to the North Military Criminal Court on 25 May 2011, charged for weapons possession, attempting to shoot at police officers, and causing damage to nearby shops. The four men were then sentenced to 3 years' imprisonment and were detained at El Marg prison.

On 7 June 2011 Mr Jamil Mustafa Mohamed Seraj El-Dinne, 59 years old, had an argument with an unidentified police officer. The officer proceeded to beat Mr El-Dinne, arrested him and took him to the El Daheer police station where he remained detained until his trial on 2 July 2011. During this time he was subjected to several acts of torture by another police officer. This agent beat him with a whip all over his body, and denied him appropriate medical care to deal with the ensuing injuries. Mr Seraj El-Dinne was presented before military tribunal and charged for beating a police officer while on duty, attempting to steal, possession of weapons and breaching the curfew. He was sentenced by the Cairo Military Court on 2 July 2011 to 5 years' imprisonment and was detained in Wadi El Natron prison.

Amro Abdullah Abdul Rasul El-Beheiri, 32 years old, participated in a peaceful demonstration on El Tahrir square in Cairo on 25 February 2011, calling for the departure of Ahmed Shafek (the former Prime Minister). While the military forces were trying to evacuate the square for the implementation of the curfew, Mr El-Beheiri, upset at the way the military were treating him, resisted. Following this, Mr El-Beheiri was arrested and his case was transferred to the Cairo Military Court. He was charged for beating a police officer while on duty and breaching the curfew law. He was sentenced on 1 March 2011 to 5 years' imprisonment. He was detained in El Wadi el Jadid prison.

Mohamed Ishak Mohamed Ahmed, 22 years old, was arrested from his home on 16 March 2011, when a police officer and military forces entered his building seeking another individual. When the agents were unable to find this man, they went down and entered Mr Ahmed's apartment, and asked for the person they were seeking. When Mr Ahmed denied knowledge of his whereabouts, the agents arbitrarily arrested Mr Ahmed in place of the wanted individual.

After the brutal arrest Ahmed was taken to an unknown destination. Only three days later did his father learn where he was - Military Zone B-C 23, in Cairo. Mr Ahmed was then transferred to Military Zone B-C 28 before being presented on 23 March 2011 to the Cairo Military Court and charged for possessing 22 Molotov cocktails, resisting arrest, use of violence, and breaching the curfew law, (despite having been arrested at home. He was sentenced to 25 years imprisonment. Mr Ahmed was initially detained for 70 days in the notorious Tora prison where he was being beaten and mistreated by the guards. Mr Ahmed was then transferred to Abu Zaabal prison on 31 May 2011, where he remained.

On 14 March 2011 an argument occurred between Mr Mohamed Khaled Mohamed Moussa, 23 years old, and another taxi driver on Abbasiya Road, in Cairo. A military officer joined the argument and ended up hitting Mr Moussa on the head, knocking him unconscious. When he regained consciousness, Mr Moussa found himself in Military Zone B-C 28, where he was subjected to brutal acts of torture including electric shocks and beatings. He was presented to the Cairo Military Court on 22 March 2011, and found guilty of preventing an agent from doing his duty by using a melee weapon, insulting a civil servant, and possession of a melee weapon. He was sentenced to 3 years imprisonment, and undertook his sentence at El Fayoum prison.

Mr Hany Abdel Karim Abdelhamid Badr , 31 years old (born in 1980), was riding his motorcycle beside St. Mary's church on 3 April 2011 when he crashed his motorcycle when he tried to avoid a police car. Following his fall, the police officers in the car, suspicious of his behavior, violently arrested him. When he protested his innocence, they beat him further and took him to Embaba police station, where he was further mistreated. Mr Badr was then detained in a military detention center until 19 May 2011. On 20 May 2011, Mr Badr was presented to the Cairo Military Court and found guilty of possessing a weapon and preventing a police officer from carrying out his duty. Mr Badr was then sentenced to 7 years' imprisonment, to be carried out at Al Fayoum prison.

All of these individuals were released on 25 January 2012 following months of arbitrary detention, under the SCAF's pardon for 2000 individuals in celebration of the first anniversary of the Egyptian revolution.

While Alkarama is pleased these individuals were released, we remain concerned that thousands of people remain arbitrarily detained in Egypt after having been subject to unfair trials before military courts. We recall that the UN WGAD has stated that "... military courts should not have jurisdiction to try any civilians, whatever the charges they face." (See UN WGAD Opinion No. 27/2008). Alkarama therefore reminds the Egyptian authorities of their obligation under international law to cease referring civilians to trials before military courts.