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تقرير المحاكمات-العسكرية-الاخير En

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EXECUTIVE SUMMARY

MILITARY TRIALS FOR CIVILIANS:
Violations varied during the first six months of this year against the Egyptian citizen, and most notably was the military trials of civilians, in violation of the Constitution and the law and all international conventions binding the Egyptian state, which the Egyptian state considers part of its constitution in accordance with the articles of the Egyptian Constitution.
It has been monitoring that referral the 207 issue for military courts in cases of all their competence in the criminal and civil justice, courts in which 4328 Egyptian citizen civilians being tried, from different segments, Sunni and professional quality, of women, children, youth, the elderly, and men.
Coordination has documented 181 cases full details, but there are 26 cases incomplete details due to the lack of detailed information about them.
There are more than 20 women from various governorates, and more than 139 children from young children and students, as well as of various categories of people, according to what we documenting of the total.
The number of detainees from the university professors more than twenty, the number of students increasing for 290 students, more than 120 teacher, over 30 doctors, over 50 engineers, more than 20 lawyers, over 20 imams and Azharites, there are more than 206 members of professional associations from the various professionals, and so in all classes of people.
One of the most important violations of defendants to eliminate military in the period of the investigation and had been monitored are tortured inside the investigations offices, non-presence of a lawyer with him during the investigation, not to be informed by the date of the investigation, preventing lawyers from access to the records of investigations and file the case once and for all, and bring the accused to investigate with them in non-dates investigations advertised and failure to notify his lawyer. Military prosecutors did not issue any decision to release any accused, whether for lack of charge or the fall of the confinement order.

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تقرير المحاكمات-العسكرية-الاخير En

  1. 1. Egyptian Coordination of Rights and Freedoms, was founded in early August 2014.It's an independent non profitable Egyptian NGO which operates neutrally, and which has no political, ideological or social polarization. A report monitors the phenomenon of violation about military courts for civilians – Cairo in 1 August E g y p t . e c r f @ g m a i l . c o m Page 1 EXECUTIVE SUMMARY MILITARY TRIALS FOR CIVILIANS: Violations varied during the first six months of this year against the Egyptian citizen, and most notably was the military trials of civilians, in violation of the Constitution and the law and all international conventions binding the Egyptian state, which the Egyptian state considers part of its constitution in accordance with the articles of the Egyptian Constitution. It has been monitoring that referral the 207 issue for military courts in cases of all their competence in the criminal and civil justice, courts in which 4328 Egyptian citizen civilians being tried, from different segments, Sunni and professional quality, of women, children, youth, the elderly, and men. Coordination has documented 181 cases full details, but there are 26 cases incomplete details due to the lack of detailed information about them. There are more than 20 women from various governorates, and more than 139 children from young children and students, as well as of various categories of people, according to what we documenting of the total. The number of detainees from the university professors more than twenty, the number of students increasing for 290 students, more than 120 teacher, over 30 doctors, over 50 engineers, more than 20 lawyers, over 20 imams and Azharites, there are more than 206 members of professional associations from the various professionals, and so in all classes of people. One of the most important violations of defendants to eliminate military in the period of the investigation and had been monitored are tortured inside the investigations offices, non-presence of a lawyer with him during the investigation, not to be informed by the date of the investigation, preventing lawyers from access to the records of investigations and file the case once and for all, and bring the accused to investigate with them in non-dates investigations advertised and failure to notify his lawyer. Military prosecutors did not issue any decision to release any accused, whether for lack of charge or the fall of the confinement order. CONTENTS OF THE REPORT FIRST: EXECUTIVE SUMMARY. SECOND: INTRODUCTION. THIRD: METHODOLOGY. FORTH: Violations against to Egyptian constitution and the law. FIFTH: Referral of civilians to military courts in the international law. SIXTH: SOME EXAMPLES OF THE CASES REFERRED TO THE MILITARY COURTS SEVENTH: RECOMMENDATIONS.
  2. 2. Egyptian Coordination of Rights and Freedoms, was founded in early August 2014.It's an independent non profitable Egyptian NGO which operates neutrally, and which has no political, ideological or social polarization. A report monitors the phenomenon of violation about military courts for civilians – Cairo in 1 August E g y p t . e c r f @ g m a i l . c o m Page 2 INTRODUCTION In a phenomenon deserve careful attention in light of what Egypt deterioration in the human rights file in an unprecedented manner in all the previous eras, and with the desire of the current power in repression of its opponents and the violation of the rights of the Egyptian citizen and his right to be tried in civil courts. The phenomenon of referral civilians to military courts was appeared remarkably in recent times. The current authorities expanded in the referral of all segments of Egyptian society of civilians and non- military to military trials despite being civilians. I t is worth mentioning that the executive authority taking notice on what was approved by the Constitution and its approved a decree making all Egyptians are susceptible to appear before the military courts at any time. The Presidency of the Republic issued a decree No. 136 for the year 2014 in 27 October of the last year, on the protection and insurance of installations and public facilities and vital, which subjected any crimes or attacks lies on public facilities - including universities - to the jurisdiction of military law so that any of the perpetrators of those crimes referred to military prosecutors in an attempt to eliminate violence against public facilities; however the law in itself is addition to the disasters state's handling of the crisis within the universities because it deepens the state of tension inside universities where the law allows the transfer of students accused in the proceedings related to the university to the military prosecutor, ousting their right to appear before their normal judge "the public prosecutor" and deposing each trial guarantees fair value. The first article of the decree law of the armed forced has been authorized in helping the police forces in securing public and vital facilities, while the second article confirmed the subordination of any crimes lies on public buildings and facilities referred to in the first article of the resolution to the jurisdiction of military law and the public prosecutor referral of issues relating to those crimes to the competent military prosecutor. As we will clarify in the report that this violation arrive to all the segments of Egyptian society from the opponents of the current system including of university professors to college students and even high school students and junior high and primary, in an unprecedented proceedings in the history of the Egyptian state. This violation arrived to all professionals segments of doctors, lawyers, engineers, accountants, teachers and all professional slides. Also this violation affected on women, children, young and old. In the face of this phenomenon, we should have a pause to present these violated rights of citizens, where they are wasting all constitutional and legal rights and freedoms guaranteed by the Constitution, law and international treaties.
  3. 3. Egyptian Coordination of Rights and Freedoms, was founded in early August 2014.It's an independent non profitable Egyptian NGO which operates neutrally, and which has no political, ideological or social polarization. A report monitors the phenomenon of violation about military courts for civilians – Cairo in 1 August E g y p t . e c r f @ g m a i l . c o m Page 3 METHODOLOGY OF THE REPORT The report was adopted as follows: 1- The collection of daily information within the ECRF unit of monitoring which is a unit connected to a team of activists and lawyers across the country to monitor all violation against Egyptian citizen rights. 2- The Information scattered on all the official websites and the reports issued by some human rights organizations relating to the phenomenon of referral civilians to military justice. VIOLATIONS AGAINST TO EGYPTIAN CONSTITUTION AND THE LAW Egyptian Constitution provides for every citizen has the right to be tried in civil courts according to Egyptian constitution Announced in 2014. ARTICLE 96: “The accused still innocent until proved guilty in a fair legal trial which ensures that he has the right to defend himself. The law regulates to appeal their sentences in felonies”. According to the law, the state provides Protection to the victim, the witness, the accused and the whistleblower when necessary. ARTICLE 97: “Every accused has the right to had been judged. The state should approximate the destinations of litigation, and work on Prompt settlement of cases, and it prohibits the immunity of any administrative action or decision judicial control and no one should be tried in exceptional courts but civil courts”. Egyptian Constitution provides for reducing of military courts according to article 204. The military justice is an independent judicial body; It only can settle all crimes related to the armed forces, its officers, its members and their equivalents as well as it cannot be a civil trial inside military courts. And after all that, the System insists on the elimination of constitutional rights. REFERRAL OF CIVILIANS TO MILITARY COURTS IN THE INTERNATIONAL LAW The Universal Declaration of Human Rights announced in 1948 proves in its Article seven that "All people are equal in front of the law. In addition, everyone has the right to be protected by the law without any discrimination, he has also equal right to be protected from any kind of discrimination against this announcement and from any kind of incitement against such discrimination. Article 14 from the International Covenant on Civil and Political Rights announced in 1966 proves in its first paragraph for "All people are equal in the courts, and everyone has the right to settle any criminal charge against himself or for his rights and obligations in a suit at law to make his case be fair and overt by a competent, independent and impartial tribunal established by law"
  4. 4. Egyptian Coordination of Rights and Freedoms, was founded in early August 2014.It's an independent non profitable Egyptian NGO which operates neutrally, and which has no political, ideological or social polarization. A report monitors the phenomenon of violation about military courts for civilians – Cairo in 1 August E g y p t . e c r f @ g m a i l . c o m Page 4 Which means that Referral of civilians to military courts is a violation and constitute a breach according to both of article 7 Of the Universal Declaration of Human Rights, and article 14 that speaks about the International Covenant on Civil and Political Rights, leading to Violation of the principle of equality between who must implements this law. According to Article 10 from the Universal Declaration of Human Rights As it is provided, "By the name of equality, everybody has the right to make his case heard by an independent and impartial tribunal in a fair and overt way to settle his rights, obligations and any criminal charge against him". And Egypt signed these all agreements. For that, the violation of these agreements is a violation of the whole international law. SOME EXAMPLES OF THE CASES REFERRED TO THE MILITARY COURTS 1- Youssef Shaaban is a minor child, he was tried in front of military courts that his rights was exposure to a violation more than once. The first violation that he appear in front of a military judge not a civilian, normal and independent, as a minor he has the right to appear before a juvenile court. The second violation that he was tortured in Fayoum police station! Youssef Shaaban was sentenced as three years in the prison and he still in Fayoum police station until now without being deported to the penal institution to spend his sentence as stipulated in the law. 2- The student "Heba Keshtta" in front of the military court in El-Mansoura. The violations against the students did not stop, the humiliation and psychological and physical abuse over them still continue for a year ago and even today. We find one of the security officers in one of the Mansoura courts on Wednesday morning, 18.3.2015 attack on "Heba Ibrahim Keshtta" a student at the Faculty of Commerce English section in El-Mansoura University, by beating and cursing and he also attacked on her mother after a court hearings of the student in front of a military court in El-Mansoura, and then she was deported directly to prison Menia El-Nasr. The student was arrested arbitrarily detained contrary the law on Thursday, 30 October 2015, after the security forces storming the campus of Mansoura University in order to adjourn a student demonstration against the current system, the General Prosecutor's Office accused her several charges the most important of its belonging to a banned group, committing acts of violence, riots within the university and damaged the interface administrative building, in the record No. 14748 of 2014 then she was referred to trial in front of the military court, where the student was detained in Menia El-Nasr prison until today. The customs and the law do not accept such violations and the security services contrary by those practices all the international covenants on human rights and women in particular to save for their dignity and their right to a safe life without discrimination or psychological or physical assault her.
  5. 5. Egyptian Coordination of Rights and Freedoms, was founded in early August 2014.It's an independent non profitable Egyptian NGO which operates neutrally, and which has no political, ideological or social polarization. A report monitors the phenomenon of violation about military courts for civilians – Cairo in 1 August E g y p t . e c r f @ g m a i l . c o m Page 5 3- The case No.96 of 2015 Cairo military criminal, known in the media as the "sabotage Beni Suef" which was recorded under the number 96 for the year 2015 for military criminal west of Cairo, after it was referred on May 25 to the military trial in the Haikstip. There are 258 persons were prosecuted, including six former parliamentarians in the House of Representatives and the Shura Council, as well as the 3 minor students at the secondary level, in addition to academics, doctors, engineers and teachers on charges including suspending the Constitution, burning public facilities and sections of the police and other charges. 4- The military criminal court in Ismailia sentenced in case No. 359 for the year 2014, of three years and a fine of fifty thousand pounds against the child Sief Osama Shusha. The security forces have arrested Saief Shusha 16 years on August 3, 2014 after the thugs attacked him by light weapons and handed him over to the New Damietta police station, he has not been treated or taken to hospital. Saief did not complete the sixteenth year in the time of his arrest, he succeeded in third grade at prep stage with a total 93%, now Saief on the cusp of the first secondary, he is the youngest detained in Damietta. RECOMMENDATIONS The ECRF provides a working paper containing proposals to end the file of military trials for civilians in Egypt, including the following points: 1- The ECRF demands to stop referring civilians to military courts, and refer them to normal Judge to be prosecuted fair trial where all the ways of self-defense will be available. 2- The immediate release of civilians issued of their rights military provisions and the issuance of a decision to cancel the provisions issued by military courts against civilians. The decision to cancel includes judgments in the period from February 2011 until now. 3- Beginning the investigation in the violations against victims of military trials, and the crimes committed by public officials includes members and officers of the armed forces, whether relating to torture, virginity statements, detention without right or degrading treatment of human dignity in the period from February 2011 until now. No. Case Number Year The court Number of accused 1 187 2015 West of Cairo 58 2 10 2014 Port Said 2 3 48 2014 Port Said 3 4 14 2014 Port Said 4 5 317 2014 Menoufia 1 Supplement of monitoring and documentationof civilians whowere brought before military courts:
  6. 6. Egyptian Coordination of Rights and Freedoms, was founded in early August 2014.It's an independent non profitable Egyptian NGO which operates neutrally, and which has no political, ideological or social polarization. A report monitors the phenomenon of violation about military courts for civilians – Cairo in 1 August E g y p t . e c r f @ g m a i l . c o m Page 6 6 167 2015 West of Cairo 4 7 54 2014 Port Said 5 8 135 2014 Port Said 5 9 12 2014 Port Said 9 10 52 2014 Port Said 9 11 43 2014 Port Said 9 12 49 2014 Port Said 9 13 48 2014 Port Said 9 14 51 2014 Port Said 9 15 55 2014 Port Said 11 16 47 2014 Port Said 12 17 209 2014 West of Cairo 15 18 208 2014 West of Cairo 16 19 21 2015 Suez 24 20 23 2015 Suez 25 21 12 2015 Suez 8 22 201 2014 Suez 199 23 11 2015 Suez 40 24 9 2015 Suez 17 25 30 2015 Suez 8 26 80 2015 Suez 25 27 100 2015 Suez 3 28 134 2015 Suez 38 29 137 2015 Suez 21 30 31 2015 West of Cairo 20 31 146 2014 West of Cairo 4 32 145 2014 West of Cairo 4 33 201 2014 West of Cairo 199 34 35 2015 West of Cairo 1 35 144 2014 West of Cairo 4 36 10 2015 West of Cairo 4 37 43 2015 West of Cairo 4 38 17 2015 West of Cairo 13 39 15 2015 West of Cairo 24 40 18 2015 West of Cairo 8 41 20 2015 West of Cairo 7
  7. 7. Egyptian Coordination of Rights and Freedoms, was founded in early August 2014.It's an independent non profitable Egyptian NGO which operates neutrally, and which has no political, ideological or social polarization. A report monitors the phenomenon of violation about military courts for civilians – Cairo in 1 August E g y p t . e c r f @ g m a i l . c o m Page 7 42 29 2015 West of Cairo 8 43 355 2014 West of Cairo 5 44 370 2014 West of Cairo 5 45 368 2014 West of Cairo 5 46 358 2014 West of Cairo 15 47 1 2015 West of Cairo 6 48 356 2014 West of Cairo 20 49 27 2015 West of Cairo 14 50 319 West of Cairo 21 51 317 2014 West of Cairo 1 52 316 2014 West of Cairo 9 53 318 2014 West of Cairo 8 54 54 2015 West of Cairo 13 55 58 2015 West of Cairo 8 56 393 2014 West of Cairo 5 57 387 2014 West of Cairo 3 58 386 2014 West of Cairo 12 59 385 2014 West of Cairo 9 60 394 2014 West of Cairo 11 61 37 2015 West of Cairo 9 62 36 2015 West of Cairo 4 63 35 2015 West of Cairo 5 64 33 2015 West of Cairo 2 65 87 2015 West of Cairo 8 66 92 2015 West of Cairo 34 67 95 2015 West of Cairo 15 68 365 2014 West of Cairo 4 69 362 2014 West of Cairo 13 70 363 2014 West of Cairo 16 71 364 2014 West of Cairo 8 72 25 2015 West of Cairo 10 73 24 2015 West of Cairo 7 74 23 2015 West of Cairo 9 75 22 2015 West of Cairo 8 76 21 2015 West of Cairo 5 77 270 2015 West of Cairo 8
  8. 8. Egyptian Coordination of Rights and Freedoms, was founded in early August 2014.It's an independent non profitable Egyptian NGO which operates neutrally, and which has no political, ideological or social polarization. A report monitors the phenomenon of violation about military courts for civilians – Cairo in 1 August E g y p t . e c r f @ g m a i l . c o m Page 8 78 46 2015 West of Cairo 10 79 7 2015 West of Cairo 37 80 349 2014 West of Cairo 34 81 233 2014 West of Cairo 301 82 5 2015 West of Cairo 7 83 397 2013 West of Cairo 2 84 44 2014 West of Cairo 7 85 350 2014 West of Cairo 14 86 50 2015 West of Cairo 19 87 61 2015 West of Cairo 14 88 72 2015 West of Cairo 16 89 46 2015 West of Cairo 39 90 245 2014 West of Cairo 304 91 403 2013 West of Cairo 8 92 322 2014 West of Cairo 1 93 208 2014 West of Cairo 17 94 209 2014 West of Cairo 14 95 152 2014 West of Cairo 147 96 374 2014 West of Cairo 36 97 29 2015 West of Cairo 7 98 61 2015 West of Cairo 4 99 60 2015 West of Cairo 4 100 296 2014 West of Cairo 1 101 19 2015 West of Cairo 10 102 308 2014 West of Cairo 9 103 254 2014 West of Cairo 6 104 252 2014 West of Cairo 4 105 36 2015 West of Cairo 12 106 37 2015 West of Cairo 7 107 246 2014 West of Cairo 7 108 12 2015 West of Cairo 9 109 23 2015 West of Cairo 25 110 21 2015 West of Cairo 25 111 18 2015 West of Cairo 24 112 30 2015 West of Cairo 8 113 359 2014 West of Cairo 27
  9. 9. Egyptian Coordination of Rights and Freedoms, was founded in early August 2014.It's an independent non profitable Egyptian NGO which operates neutrally, and which has no political, ideological or social polarization. A report monitors the phenomenon of violation about military courts for civilians – Cairo in 1 August E g y p t . e c r f @ g m a i l . c o m Page 9 114 28 2015 West of Cairo 9 115 360 2014 West of Cairo 8 116 20 2015 West of Cairo 18 117 67 2015 West of Cairo 218 118 349 2014 West of Cairo 13 119 361 2014 West of Cairo 15 120 103 2015 West of Cairo 7 121 377 2014 West of Cairo 24 122 100 2015 West of Cairo 9 123 85 2015 West of Cairo 3 124 82 2015 West of Cairo 2 125 81 2015 West of Cairo 1 126 80 2015 West of Cairo 10 127 71 2015 West of Cairo 8 128 68 2015 West of Cairo 15 129 17 2015 West of Cairo 6 130 2015 West of Cairo 11 131 205 2014 West of Cairo 11 132 253 2014 West of Cairo 6 133 237 2014 West of Cairo 6 134 241 2014 West of Cairo 5 135 256 2014 West of Cairo 32 136 34 2015 West of Cairo 27 137 357 2014 West of Cairo 20 138 77 2015 West of Cairo 1 139 203 2013 West of Cairo 12 140 382 2013 West of Cairo 6 141 74 2015 West of Cairo 7 142 72 2015 West of Cairo 5 143 69 2015 West of Cairo 5 144 19 2015 West of Cairo 5 145 18 2015 West of Cairo 23 146 159 2015 West of Cairo 16 147 477 2013 West of Cairo 1 148 471 2013 West of Cairo 1 149 166 2013 West of Cairo 20
  10. 10. Egyptian Coordination of Rights and Freedoms, was founded in early August 2014.It's an independent non profitable Egyptian NGO which operates neutrally, and which has no political, ideological or social polarization. A report monitors the phenomenon of violation about military courts for civilians – Cairo in 1 August E g y p t . e c r f @ g m a i l . c o m Page 10 150 27 2014 West of Cairo 7 151 139 2014 West of Cairo 5 152 63 2015 West of Cairo 72 153 110 2015 West of Cairo 3 154 105 2015 West of Cairo 21 155 58 2015 West of Cairo 116 156 96 2015 West of Cairo 256 157 45 2015 West of Cairo 13 158 100 2015 West of Cairo 29 159 36 2015 West of Cairo 60 160 73 2015 West of Cairo 29 161 102 2015 West of Cairo 22 162 14 2015 West of Cairo 4 163 131 2015 West of Cairo 6 164 13 2015 West of Cairo 7 165 67 2015 West of Cairo 10 166 19 2015 West of Cairo 8 167 52 2015 West of Cairo 13 168 53 2015 West of Cairo 13 169 55 2015 West of Cairo 13 170 391 2013 West of Cairo 1 171 44 2015 West of Cairo 11 172 125 2015 West of Cairo 7 173 185 2015 West of Cairo 26 174 155 2015 Fayoum 170 175 183 2015 North Sinai 34 176 423 2013 West of Cairo 1 177 411 2013 West of Cairo 19 178 65 2015 West of Cairo 87 179 33 2015 West of Cairo 2 180 188 2015 West of Cairo 5 181 59 2015 Ismailia 11 The ECRF monitored of 207 cases, they have been full monitoring of 181 cases with full details and there are 26 cases incomplete details due to non cooperation of the military authorities.

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