مركز ماعت للدراسات الحقوقية والدستورية

The crisis of fair trial before the exceptional judgment, and the Ministry of Interior’s challenge to the judicial sentences.

18/02/2007.

The Egyptian Ministry of Interiors still insists on exceeding all bounds regarding respecting the Egyptian judgment’s sentences .One of the main excuses the Ministry of Interior used is to regard the issues as political ones to have a control over the judgment institution. The Ministry of Interior’s main support in this is the enforcement of the Martial law, which make the judgmental sentences’ pretext void of its power.

The conditions of continuing the detention of Abdel Lateef Abood Alzomor the accused man in the issue of the previous president, El Sadat, assassination in spite of that he had finished his sentence period in the jail, is one of these violations . These conditions lead him to fall back on the Administrative Court in order to demand his release and to fall back on Cairo’s Felony Court.

In the same field, the issue of the accused men in Al Azhar & Abd El Moneam Read blasts, which resulted in the death of three tourists and the injury of twenty Egyptians, was delayed. The problem in this issue is not to introduce a number of suspected men before the court but it is that they are introduced before an exceptional court formed according to the Martial law and its sentences are away from all guarantees of fair trial. This forms violations of rights and freedoms granted by all international charters and the Egyptian constitution on one hand. On the other hand, the widening of the suspecting circle leads to the imprisonment of many innocent inside jails and detention camps and leads to harm many of their families with out committing any crime. In addition, most of the suspected people gained resolutions to release them of the prosecution, but the Ministry of Interior as it often does with the judicial sentences and resolutions, neglecting and no respect.

While the issue of the detainees on the background of Al Azhar and Abd El Moneam Reaad blasts can be corrected through stop neglecting the judicial sentences, executing it, guard its pretext on one hand, and through the immediate release of the detainees and paying them and their families proper compensations for their sufferings through the detention period. But the matter differs with the issue of Taba blasts in which -Yoones Mohamed Mahmood Aleean ,Osama Mohamed Abd El Ghany ,Mohamed Haaez Sebbah Hossen –are accused ,and the Supreme Court of state’s security give them death sentence as this sentence can not be corrected if executed .

In addition, the detention policy of the Ministry of Interior and the states’

Security body after this event and the torture and threatening of Taba’s people make it is necessary to review this issue and not to ratify its death sentence.

In fact, the trial before an exceptional court when there are political conditions violates all guarantees of international charters and the constitution to respect rights and freedoms, and the most important of which is the right to be trial before the normal judge. It also raises the question why do we use the exceptional judgment with its all violations of rights and freedoms and do not use the normal judgment????? !!!!

Maat for juridical and constitutional studies

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