Societal peace can't be achieved by military court

Maat center for Juridical and Constitutional Studies express his deep concern towards the issues verdict by military court in the trail of Tuesday's 15/4/2008 for 3-10 years imprisonment to 25 Muslim brotherhood leader and dismissed charges against another 15 from accusations charged.

The military court started looking into the case in April 26/2007 after in was transmitted to the military court by a presidential resolution in 26/11/2006 and the Cairo criminal court has issued a verdict for releasing all of them from D.A headquarter, case no.963 year 2006 national security so as the military court can continue discussing the case over 66 trail moreover the verdict was delayed two times.

The President made use of his right to transmit a case to the military court according to act no.5 year 1977 which states that the president can transmit the civilians accused in crimes listed in the first and second chapter of the second book of the Egyptian penal code and crimes related to the military court, specially within the case of emergency , moreover this transmition is the first time for article no.179 of the constitution to be used, gives the president the right to transmit any terrorist crime to any judicature side listed in the constitution or the law which was added among a bunch of constitution amendments for 34 article of the constitution that was put to referendum in 26/3/2007.

The events of this case goes back to the military display made by some students of Al-Azhar university affiliated to Muslim brotherhood and the capture of engineer Khairat Al-Shater along with number of the groups leaders and Azhar professors and students followed by the arrest of others during a coordinating meeting at the house of one of them and they were charged by the military D.A. For the following:
- joining a banned group established against the law's verdicts to hinder the state's associations from performing their duties.
- charge the accused from (1) to (21) of lingering and inverting money to fulfill the group's purposes as for accused from (22) to (29) they were charged for participating and aiding the first group in lingering money intentionally and with their full knowledge of what they were involved in.

the military court issued verdicts of different periods of imprisonment to 25 of the group's leaders and dismissed charges against another 15 from accusations charged in addition to dismissing all accused of lingering money, the court also ordered the confiscation of engineer Khariat Al-Shater and Hassan Malek's chare from (Malek) and (rawage) companies and all their branches, confiscating Hassan Malek's chare in (Al-Anwar) company, engineer Khariat Alshater and Ahmad Abdel-Ati chare in (Al-Hayah) and Ahmad Ashraf Abdel-Wares in (Dar Al-Nashr w Al-Tawzea Al-Islamy), Representing a hit to achieving the societal peace, the peaceful communication and the participation in public performance. For the sever verdicts issued from unnormal judicature and within which Maat Center for Juridical and Constitutional Studies want to stress on this notes :

First: Maat center declares it's rejection to the phenomena of transmitting the civilians to the military court and preventing them from their right to stand in front of a normal court and complain to a higher court which can't happen in the military and the emergency national security court and that through away any chance of a just trail, defenses preparation and meeting counsels in private in addition to the transmit resolution which contradicts with article 68 of the Egyptian constitution stating every civilians right of standing in front of a normal court and article 14 of the international covenant of civil and political rights which Egypt approved in April 15/1982 that equalizes everyone in front of the judicature and gives everyone the right ( to have his case fairly and publicly regarded from the specialized independent and neutral court established by law.

Second: reconsidering the cancellation of article 6 of the military penal law no.25 year 1966 and it's equality with act no.5 year 1977 which gives the president the right to transmit the accused of the listed crimes in the first and the second chapter of the second book of Egyptian penal code and related crimes to a military court within the state of emergency.

Third: Maat Center for Juridical and Constitutional Studies didn't only stop in front of the issues verdict from the military court against the civilians but also calls upon all the Egyptian forces and sectors to work on reconsidering the restricted laws , seeking it's amendments or cancellation in order to reach real respect to human rights according to all traditions, covenants and international, regional and local charters.

Fourth: paving the way to a societal dialogue where all patriot and political forces can participate in, to stress the freedom of opinion and expression to all forces within the law and the general framework of regulating the state and set priorities to achieve societal development without eliminating any sector or direction which serves the national interests and supports the peaceful practice of power in the Egyptian society.

Names of the convicted and the their verdicts

 

M Name the work The punishment
1 Youssef Nada businessman 10 years
2 Ali Hemet Ghaleb Engineer 10 years
3 Ibrahim Farouk Al-Zayat businessman 10 years
4 Fathi Ahmed Al-Khouli Advocate 10 years
5 Tawfiq Al-Wa'i Advocate 10 years
6 Khairat Al Shater Second Deputy Guide 7 years
7 Good owner businessman 7 years
8 Asad Sheikha Engineer 5 years
9 Ahmed Shousha Engineer 5 years
10 Sadiq Al-Sharqawi Accountant 5 years
11 Ahmed Ashraf General Manager of Distribution House 5 years
12 Ahmed Mohamed Abdel Ati Medicines expert 5 years
13 Muhammad Ali Bishr Member of the Counseling Office 3 years
14 Well known master Director Omar Effendi 3 years
15 Mamdouh Al-Husseini Engineer 3 years
16 Farid Gilbat Professor at Al-Azhar University 3 years
17 Ziauddin Farhat businessman 3 years
18 Salah El Desouki A teacher of Al-Azhar medicine 3 years
19  Fathy Mohammed Baghdadi Director of Al Masaa Schools 3 years
20 Ayman Abdelghani Engineer 3 years
21 Essam Abdel Mohsen Professor of Medicine Al-Azhar 3 years
22 Mahmoud Abu Zeid Professor of Medicine Cairo 3 years
23 Mustafa Salem Accountant 3 years
24 Issam Hashish Professor of Cairo Engineering 3 years
25 Medhat Al-Haddad businessman 3 years
26 Khaled Odeh Professor at Assiut University innocence
27 Saeed Saad Ali Engineer innocence
28 Muhammad Muhanna Hassan Accountant innocence
29 Mohammed Hafiz A doctor innocence
30 Muhammad Baligh Professor of Ophthalmology innocence
31 Mahmoud Al-Morsi Engineer innocence
32 Ahmed Ezz El-Din Journalist innocence
33 Jamal Shaban Accountant innocence
34 Yasser Abdo Accountant innocence
35 Mahmoud Abdel-Latif Abdel-Gawad businessman innocence
36 Osama Sharbi General manager of a tourism company innocence
37 Amir Bassam A teacher of Al-Azhar medicine innocence
38 Abdul Rahman Saudi businessman innocence
39 Ahmed Al-Nahhas Engineer innocence
40 Haji Hassan Zalat businessman innocence

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