The Egyptian authorities must immediately quash the convictions of 159 individuals sentenced by the East Cairo Military Court in Case No.1 of 2021 and end the practice of prosecuting civilians en masse before military courts as a means of crushing real or perceived dissent, the International Commission of Jurists (ICJ) said today.
.هذا البيان الصحفي متوفر باللغة العربية أيضاً
“Egypt’s mass trials in military courts constitute a blatant perversion of justice, where convictions are secured through systematic violations of human rights,” said Saïd Benarbia, ICJ Middle East and North Africa Programme Director. “These trials are nothing more than a tool of repression, aimed at silencing dissent and consolidating power through fear.”
In a new legal briefing, the ICJ analyses the findings of the Egyptian Commission for Rights and Freedoms (ECRF)’s trial observation of the criminal proceedings in Case No.1 of 2021 – a trial before the East Cairo Military Court in which the Egyptian authorities prosecuted 184 individuals on identical charges while failing to present any individualized evidence to demonstrate the guilt of each of them as charged. Eventually, in August 2022, 159 defendants were convicted on some or all of the charges. On 26 December 2022, the East Cairo Military Court sentenced five defendants to death by hanging, with 154 others receiving prison sentences ranging from one year to life imprisonment. 22 out of the 184 defendants were either acquitted or died during the course of the trial. The ICJ and ECRF have been unable to ascertain the verdict for three of the 184 defendants.
The briefing exposes systemic patterns of violations of the defendants’ rights to: life; liberty; protection from enforced disappearance; freedom from torture; and a fair trial.
The ICJ found that the Egyptian authorities arbitrarily detained many of the accused for years before trial, subjected them to enforced disappearance, and coerced them into providing confessions through the use of torture. Throughout the mass trial, the authorities systematically denied the defendants’ lawyers access to the case files, prevented them from calling witnesses, and otherwise obstructed them from effectively representing their clients.
Generally, international human rights law prohibits the trial of civilians before military courts, in particular in respect of civilians tried on capital offences. In Egypt, military courts operate under the control of the executive branch. Judges are appointed by the Minister of Defence, and their rulings require the military governor’s approval for execution, all of which undermines their independence and impartiality.
The ICJ calls on Egypt to:
- Quash the convictions and sentences of all defendants and release all individuals convicted currently in detention in Case No. 1 of 2021;
- Ensure accountability for torture, enforced disappearances, and other serious human rights violations committed against the accused;
- End the use of military courts to try civilians and guarantee all defendants’ right to a fair trial before independent and impartial tribunals; and
- Impose an immediate moratorium on executions, with a view to abolishing the death penalty.
Download
The full trial observation briefing can be downloaded in English and Arabic.
Contact
Saïd Benarbia, Director, ICJ Middle East and North Africa Programme; t: +41 22 979 3800, e: said.benarbia@icj.org
Nour Al Hajj, Communications & Advocacy Officer, ICJ Middle East and North Africa Programme; e: nour.alhajj@icj.org
