Under the death guillotine.. Report

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Preparation by/ programs and reports Unit of Egyptian coordination for rights and freedoms

 

In this report you read:

First: Introduction

Second: Executive Summary

Third: details of the case

 Fourth: Seven legal violations of the rule

Fifth: Recommendations


Methodology used:

– Based on the information provided by the Legal Committee of Egyptian Coordination for Rights and Freedoms.

 The testimonies were collected through the documentation unit which contacted the families of the victims and listened to their testimonies.

Credible media

Previous human rights reports and documented documents and information, especially the “Egyptian Initiative for Personal Rights Initiative” report, was published on 15 March 2016, http://www.eipr.org/


First: Introduction:

 This case has many forms of violations; it is a model of civilian exposure to military justice in contravention of the Constitution, law and international law, which required that each individual standing in front of the natural judge,

More seriously, the defendants were subjected to enforced disappearance and torture, making any recognition of them null and void by law

This is in addition to the obvious legal flaw that this report makes very clear.

 

 

Second: Executive Summary:

 

Military Court in Alexandria on 2 March 2016 sentenced to death seven citizens, including 3 in absentia and 4others, as well as a sentence of life imprisonment and 15 years imprisonment of others,

And within the case No. 325 of 2015 military crimes Alexandria and also registered No. 22 of the year 2015 military crimes -Tanta, known as a media case “Kafr El Sheikh Stadium”,

There are many legal shortcomings in this provision, in particular to the enforced disappearance and torture of accused persons

 

Third: details of the case:

On March 2, 2016, the Military Court of Alexandria sentenced seven citizens to death, including 3 in absentia: Ahmed El Sayed Abdel Hamid Mansour, Fakhia Abdel Latif Radwan El Agami and Sameh Ahmed Mohamed Abu Shair. And 4 others are: Ahmed Abdel Moneim Salama, Ahmed Abdel Hady Al-Suhaimi, Sameh Abdullah Yousif, and Lofty Ibrahim Khalil.

As well as a life sentence in his presence against both;

Salah Attia Mohammed Ahmed Al-Faqi, Mohammad Ali Abdul Latif Al-Helisi, and life imprisonment in absentia for Ayman El Sayed Mohamed Abdel Fattah El Deihi, Ashraf Abd El Samad Abdel Salam Abdullah, Azab Abdel Halim Azab El Sayed.

While the court sentenced 15 years in absentia against Ammar Usama Ahmed Abdel Fattah, Nabawi Ezz el-din, Abdel Wahed Abu Abdullah, and three years ‘imprisonment’ for Farhat Fuad Farhat El Deeb and Mostafa Kamel Ali Afify, within the case No. 325 of 2015 military crimes Alexandria and also registered No. 22 of the year 2015 military crimes of Tanta, known as a media case “Kafr El Sheikh Stadium”, A case of bombing on 15 April 2015 targeted a gathering of students of the military college inside the stadium of Kafr El-Sheikh Sports Club, killing three students and wounding five.

On 19 April 2015, the Public Prosecution referred the case of the Kafr El-Sheikh Stadium to the Military Prosecution.

The military prosecution accused 16 people in accordance with the order of referral in the case of the murder of three students in the military college, and the start of the killing of two other students as a result of the bombing that took place in the place of entry of students of the military college on April 15,

And ended with referral to criminal courts of the military judiciary before the end of July 2015.

Fourth: Seven legal violations of the rule

1- Civilians should not be tried before military courts, and the formation of these provisions are mainly followed by the Minister of Defense, since the appointment or dismissal of these judges are subordinate to being officers in the armed forces, Which is contrary to the independence of the judiciary and not to influence them, also military judges are not eligible because the law of military provisions did not require the military judge to be a graduate of one of the faculties of law, , But he chooses an officer with military specifications and obey orders only. The Military Justice Act also extends the period of preventive detention and does not require a higher limit, which is contrary to the code of criminal procedure, In addition, the place of the military trials is in the military barracks, which is a psychological pressure on the defendants inside and outside the halls, as well as the military prosecution or the seat of the court, which means causing psychological harm and intimidation on the accused during the investigation and during the trials.

2- The documents of the case are devoid of any evidence of conviction for the accused

The person who is aware of the documents of the case finds it devoid of any evidence of convictions for the accused, whether witnesses’ testimony to the incident and those who approved of seeing the accused during or after the incident, Or even evidence related to the crime, were caught by one of the accused or even the confession of the accused as a result of free will not under pressure, One defendant was confessed and his confession as a result of torture and physical and organic coercion as a result of his abduction from 19/4/2015, then  was presented to the prosecution on 3/7/2015. He is the 11th defendant / Lotfy Ibrahim Ismail Khalil; it is the only evidence of the case on which the judgment was based, although this defendant denied these confessions before the court, there is nothing in the papers but false investigations of national security. There is no proof of their validity or any material evidence in the papers that supports it.

3- The Court of Cassation affirmed that: (A confession may not be taken, even if it is true when it is proven to be incorrect, as if it occurred under the influence of coercion.) [Veto No. 140 of 14 October 25, 1965, All the accused have confirmed that they have been subjected to the worst forms of torture, as well as enforced disappearance, which is also a crime and does not fall into the same category as torture.

4- The Military Investigations conducted by the Northern Military Region regarding the incident, stating that “it did not reach the perpetrator of the incident due to the absence of cameras at the scene

And that camera number (1) is difficult to identify the perpetrators of the incident, because of the distance and the presence of barriers to vision”.

Among the defendants sentenced to death is “Fakih Abdellatif”, who works as a science teacher at the school of martyr Ahmed Saad al-Daihi in Shno – Kafr El-Sheikh

According to the Egyptian Initiative for Personal Rights (EIPR), was published on March 15, 2016,  was found an official affidavit of the eagle from the governorate office and the educational administration confirmed that he was present at the school on the day of the accident 15 April 2015, He did all his schoolwork and did not leave school that day, which contravenes the charges of the military prosecutor in Tanta against him, which claimed his presence at the site of the incident and his involvement in the bombing.

 

5- Forced disappearance, torture and violation of the right to defense:

Where the parents of the defendants filed complaints with the public prosecutor after their disappearance, such as the complaint was submitted to the public prosecutor on 6/5/2015 No. 3563 Administrative – Kafr El Sheikh Police Department, and to the Attorney General of Kafr El Sheikh Prosecution on 25/5/2015 No. 1345 – grievances.

Complaints that police officers were accused of kidnapping and torture were not investigated. The complaints were filed on 12 December 2015 without charge.

According to the reports of the parents investigated by the Public Prosecution, parents complained that their disappeared relatives had been subjected to numerous forms of severe torture and ill-treatment

Although the Public Prosecution edit a record on enforced disappearances and torture and asked the complainants of some parents such as the record number 3563 for the year 2015 first prosecution in Kafr El Sheikh

However, the investigation was eventually closed,

– as documented testimony of a citizen, According to the Egyptian Initiative for Personal Rights (EIPR) report was published on March 15, 2016 – a documented testimony in Kafr El Sheikh’s documentation office – the arrest of “Lotfy Ibrahim Ismael Khalil” by police forces in front of a shop in the village of shenu in Kafr El Sheikh on 19 April 2014

He was forcibly disappeared by the forces from that time, and his parents could not communicate with him or know where he was being held. The national security edited a record of the arrest of the citizen “Lotfy” on 30 June 2015. Nevertheless, the court that issued the ruling did not pay attention to this matter and did not investigate it.

 

6- The national security investigation mentioned the involvement of 63 people in the case, but the Military Prosecution ruled out 23 defendants initially, then ruled out 24 others, and then charged only 16 defendants who are currently being tried (sentenced)

It has been established by evidence that there is no link between any of the accused of the bombing explosion because of the lack of validity of the remote for use and not uses it originally and this is confirmed by official reports,

The expert, who is a specialist, said that the remote was not used in the explosion, and that the explosion could not occur with this remote and it is likely that the explosion would have been using a mobile phone.

The Criminal Evidence Report also proved that the explosion was carried out by a mobile phone, contrary to the statement of the confession of one of those sentenced to death that the explosion was through a remote motorcycle.

 

7- Fraudulent forgery in the records of arrest

Where the officers proved the arrest on 30/6/2015 and beyond, although the arrested under their hands since 15/4/2015 and even some of them before. And their position as follows:

– “Lofty Ibrahim Isma’il” (arrested on 19/4/2015 while the minutes of the arrest falsely stated that he was arrested on 30/6/2015.

-“Abdel Nasser Antar Mawafy” was arrested on 19/4/2015 while the report of the arrest falsely stated that he was arrested on 1/7/2015.

-“Salah Atiya Mohammed al-Fiki” was arrested on 22/4/2015 while the minutes of the arrest stated falsely that he was arrested on 30/6/2015.

-“Farhat Fouad Farahat Al-Deeb” was arrested on 22/4/2015 while the minutes of the arrest stated falsely that he was arrested on 30/6/2015.

-“Ahmed Abdel Moneim Salama” was arrested on 20/4/2015 while the minutes of the arrest falsely stated that he was arrested on 1/7/2015.

-The defendant “Mustafa Kamel Ali Afifi” was arrested in another case before the time of the incident on 15/4/2015.

 

Fifth: Recommendations

Based on the above, the Egyptian Coordination for Rights and Freedoms recommends retrial of the accused before the ordinary judiciary and the suspension of the accusation as a result of political backgrounds and divergent opinions,

It also recommends that due and genuine efforts be made by the security forces to reach the real perpetrators, especially in cases of murder and terrorism,

And to stop using the policy of torture and enforced disappearance to end the cases and close the papers, which weakens the real role of the security men and their real role in society, and impose ideal opportunities for the real perpetrators of impunity.

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