15 July 2011

Egypt – Two minors, Mohammed Kamal and Ahmed Mahmoud subjected to torture and sentenced by military tribunal

Alkarama submitted to cases of Mohammed Amin Kamal, Ahmed Jaber Mahmoud Othman to the United Nations today. These two students were arrested by the military for having breached the curfew and were sentenced to five years imprisonment following an unfair trial.

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.

In view of this unjust treatment, Alkarama sent a request to the Working Group on Arbitrary Detention 15 July 2011 to intervene with the Egyptian authorities, on behalf of Mr. Mr. Kamal and Mr. Othman, in order that their case be re-tried in a civilian court in full conformity with national and international fair trial standards.

Morocco - HR Instruments

International Covenant on Civil and Political Rights (ICCPR)

ICCPR: Ratified on 03.05.1979
Optional Protocol: No

Last State report: Overdue since 07.07.2015
Last concluding observations: 01.12.2004

Convention against Torture (CAT)

CAT: Ratified on 21.06.1993
Optional Protocol: Accessed on 24.11.2014
Art. 20 (Confidential inquiry): Yes
Art. 22 (Individual communications): Yes

Last State report: 30.06.2013
Last concluding observations: 21.12.2011

International Convention for the Protection of all Persons from Enforced Disappearance (CED)

CED: Ratified on 14.05.2013
Art. 33 (Inquiry procedure): Yes

State report: Overdue since 14.06.2015
Last concluding observations: N/A

Universal Periodic Review (UPR)

Last review: 05.2012 (2nd cycle)
Next review: -

National Human Rights Institution (NHRI)

Conseil National des Droits de l'Homme (CNDH) – Status A

Last review: 10.2010
Next review: 11.2015