On 3 February 2011, Mr. Kamal (محمد أمين كمال) now aged 17 years and living in Giza, and Mr. Othman (أحمد جابر محمود عثمان) now aged 18 years, living in Giza, were arrested in Giza by the Egyptian military for breaching curfew. Following their arrest, Mr. Kamal and Mr. Othman were detained incommunicado until their trial; they were not able to receive family visits or even phone calls, and their family only learned of their arrest and trial through the newspaper. In addition, during their detention by the military forces they were subjected to various acts of torture and other ill-treatment, such as electrical shocks and severe beatings.
On 9 February 2011, Mr. Kamal and Mr. Othman were tried in a military court and sentenced to imprisonment for a term of five years. The next day, on 10 February 2011, Mr. Kamal and Mr Othman were transferred to the El Wadi el Gaded prison, where they remain detained to date. Finally, ten days after the date of sentencing, on 19 February 2011, their sentences were confirmed by the Military Governor.
While Mr. Kamal and Mr. Othman did breach the curfew, their trial was manifestly unfair and should be re-heard in a civil court. Military courts in Egypt are considered to be special courts, and various UN bodies, including the Working Group on Arbitrary Detention has declared that civilians should not be tried by such courts in Egypt. In addition, the fact that they were minors during their arrest and trial, their incommunicado pre-trial detention and the torture they were subjected to are all further violations of international human rights laws which Egypt is bound to respect.