The Verdict against Maher, Doma and Adel… The Judiciary politicized and converted into one of the Authority’s Security Tools

In Statements and Position Papers by CIHRS

دومة و ماهرThe undersigned organizations condemn the verdict issued Sunday December 22nd, 2013, by the Abdeen Court in case number 9593 for 2013 Misdemeanor Abdeen Cases, against Ahmed Maher, the previous Coordinator of April 6 Youth Movement; Mohamed Adel, the Media Representative of the same movement, and volunteer in the media unit of the Egyptian Center for Economic and Social Rights (ECESR); and Ahmed Doma, Political Activist and previous member of the High Council for Culture, where the aforementioned were sentenced to 3 years in prison and fined 50,000 Egyptian Pounds, each. This verdict has been issued after the court indicted them with charges, including organizing a demonstration without prior notice and attacking central security forces’ officers assigned to protect the premises of the Abdeen Courts Complex. The verdict goes back to the Saturday, November 30th, 2013, clashes, which took place infront of the court complex, where Maher went to turn himself in and appear before the Abdeen prosecution office, which had issued an order for him to appear before the prosecution office to undergo an investigation regarding charges associated with calling for a demonstration in front of the Shura Council, protesting against the draft constitution, which allows for military trials for civilians, without informing the security bodies. The shura council demonstration was dispersed by the security forces on November 26, 2013, and resulted in the arrest of tens of demonstrators then, while 25 of the demonstrators arrested were later transferred to the criminal court, including renowned activist Alaa Abdel Fattah.

The undersigned organizations observe a huge dysfunction in the justice system in Egypt, especially after the issuance of the aforementioned speedy verdict, which puts into question the due process for three activists, who were integral in the January 25th revolution. This also reminds us that these activists have been accused of their use of their right to expression and peaceful assembly, while others who have committed heinous crimes, including the murder of demonstrators, are still free, and have not been prosecuted yet. Moreover, we are reminded that the numerous massacres that have taken place have not been investigated yet, and justice is yet to be served for thousands.

The authorities, once again, are using the judicial system and its verdicts as a tool of oppression, where the judiciary uses its discretion with a bias in the field of political and public space, and once again, is working in this domain as a tool for the security apparatus. Since the security apparatus has decided to broaden its oppressive practices to target independent activists and revolutionaries, it has taken advantage of the current interim government’s legislative powers. In this way, the exceptional and temporary legislative power of the executive was misused by the security apparatus to issue a new, restrictive law, designed under the pretense of regulating the right to public meetings and protests. The content of the law and its recent application revealed that its main purpose is the criminalization of demonstrations and the right to assembly in all forms, and providing the opportunity for pursuing political activists via forging charges against them related to prohibition of demonstrations without prior notice.

The recent verdict shows clearly the deliberate targeting of political activists by the security apparatus, under the pretense of applying the provisions of the new protest law. In the incident of the Shura Council, neither Alaa Abdel Fattah nor Ahmed Maher were among the organizers of the protest, or among those arrested at that time; and yet, charges were pressed against them and orders were made for them to appear before the prosecution office, while both had expressed their intentions of turning themselves in before the prosecution office anyway. However, the police did not wait for them to voluntarily turn themselves in, and raided Alaa Abdel Fattah’s house and arrested him, having beaten him and his wife. At the same time, the court ordered the release of Ahmed Maher after he appeared before it, while the National Security Office detained him until new charges were forged against him, related to the clashes that took place at the same time he was turning himself in. This time the charges only included him and well-known activists Mohamed Adel and Ahmed Doma, in spite of the participation of tens of people in these clashes, and no evidence or proof were submitted regarding the actual involvement of the three activists in these clashes.

The use of the General Prosecutor Office and its authorities to oppress activists is very clear through its issuance of arrest orders for each of Ahmed Doma and Mohamed Adel without justification, and in spite of the fact that they were not called for an investigation. While Ahmed Doma was arrested from his house, Mohamed Adel was not arrested even after the case was transferred to court and the prosecutor office’s authority over it had ended, which entails the illegitimacy of the arrest order it had issued against Mohamed Adel, especially that the judge did not issue an order for his arrest in the first court session while his lawyer was present. Nonetheless, the security forces used the canceled arrest order to raid the Egyptian Center for Economic and Social Rights (ECESR) under the pretense of arresting Mohamed Adel, who works as a volunteer in the center’s Media Unit, even though the security officers admitted that they were stalking Adel during his visits to different places and venues from which they could have arrested him, which reveals their intentional use of the pretense of his illegal arrest to raid into the Center, especially that the security officers who arrested him did not arrest him only, but arrested 5 other staff members of the center and its volunteers, beat and tortured them by detaining them for more than 9 hours in an unknown place, where they were forced to stand for the entire time while they were blindfolded, their hands tied behind their backs and security officers taking turns in beating them. This action can only be explained as the desire to deliver a message, a first of its kind under the current regime, to civil society and human rights organizations, as an escalation to the defamation campaign that has been taking place, only in a verbal manner until the raid.

It’s doubtless that the judicial verdict issued against the 3 activists is politicized. In fact, it’s an expansion of the security forces’ pursuit of youth political activists, based on a deliberate and discriminatory forging of charges outside the legal purview and rule of law. This verdict, which is the first to be issued under the new protest law, is only the beginning of a wide campaign targeting activists affiliated with the Egyptian revolution, and there’s a possibility of its extension to target human rights organizations, as confirmed by the security raid on the ECESR. While security breaches persist, the prosecution office continues to neglect the repeated violations of those security bodies, and does not hesitate to comply with them.There’s obvious cooperation and harmony between the prosecution and the MOI, aided by the issuance of arrest orders and filing charges that do not hold any validity. Those charges were based on the pretenses of the police officers, the general investigations office and National Security Office. The judiciary system collaborates in this joint effort as well, by pronouncing similar unvalidated indictments while turning a blind eye to the security violations.

The undersigned organizations therefore condemn the verdict issued December 22nd, and articulate their warning against the use of the judiciary as a tool of the security apparatus to silence voices of the opposition, which compromises the rule of law, and threatens the destruction of the main pillar of the nation’s legitimacy for the public. These practices and verdicts put into question the seriousness of the promises made to rebuild a nation based on justice and rule of law, and delegitimize any attempts of building a fair and comprehensive transitional justice system. These practices and policies are far from being pillars for rebuilding a nation that respects the rule of law; on the contrary, the aforementioned practices only re-produce the police state in a form worse and more obvious than before.

Signing Organizations

  1. Andalus Institute for Tolerance and Anti-Violence Studies
  2. Arab Network for Human Rights Information
  3. Association for Freedom of Thought and Expression
  4. Cairo Institute for Human Rights Studies
  5. Center for Egyptian Women Legal Assistance
  6. Egyptian Center for Economic and Social Rights
  7. Egyptian Initiative for Personal Rights
  8. Egyptians against Religious Discrimination
  9. Hesham Mubarak Law Center
  10. Legal Aid Group for Human Rights
  11. Nazra for Feminist Studies                            
  12. New Woman Foundation
  13. The Egyptian Association for Community Participation Enhancement
  14. The Land Center for Human Rights

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