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Port Said trial verdict to prove decisive for both sides in the case
Published in Almasry Alyoum on 25 - 01 - 2013

Promises of "retribution or chaos" are graffitied on the walls of central Cairo and its metro stations, signed by the Ultras Ahlawys ahead of 26 January when a decisive verdict in the Port Said massacre is due.
In February 2011, members of the Ultras were attacked by fans of the Port Saidi club and, some say, a group of unknown assailants, after the Egyptian National League game between Ahly and Port Said's Masry Club.
Out of all the violent incidents that took place during Egypt's transitional phase under the rule of the army council after Hosni Mubarak's ouster, the Port Said massacre was the incident with the highest death toll. Since then, most football activities in Egypt were halted and in recent days, Ultras members have escalated protests demanding retribution.
The verdict is due just a day after the second anniversary of 25 January, when on Friday, the daylong protests commemorating the start of the uprising with marches denouncing the rule of the Muslim Brotherhood's political arm and President Mohamed Morsy turned violent at night in cities across the country.
At least four deaths were reported in Suez, according to Al-Masry Al-Youm, and numerous injuries were reported nationwide.
Members of Ultras Ahlawy pledged on their Facebook page and during several protests they've organized over the past two weeks, that if the verdict does not achieve “retribution for the mothers of the martyrs," then authorities should expect the “anger of the Ultras and ensuing chaos that will pervade the country."
Security forces had heightened preparations in anticipation of clashes on the anniversary of the revolution, which are currently ongoing.
Saturday is likely to be another violent day, and rumors have abounded of a possible delay in the court verdict as an attempt to quell the mounting anger. But with the recent developments, anything less than a just outcome in the trial would be unwise and its aftermath unpredictable.
Last Wednesday within the span of about four hours, hundreds of Ultras organized a roving protest around central Cairo. They began with a sit-in in front of the old stock exchange building, then blocked a central metro line, and later, they halted traffic on the 6th of October Bridge.
The group said in a statement on its Facebook page that "26 January will be a decisive day in the lives of many people."
The violence broke out last year on 1 February at a match between Ahly and Masry football teams when Masry fans stormed the pitch after their team's victory and attacked Ahly fans. But many, including Ultras Ahlawy, have at least in part blamed security forces for the violence.
Ultras played an instrumental role during the 25 January revolution, as well as protests during the transition period.
Legal complications
From a legal perspective, the case itself is quite complicated, and no matter the outcome, one of both camps will be furious.
The fate of the 73 defendants facing trial is surrounded by mystery and confusion for the different parties involved: the defense and the families of the victims on the one hand, and the people of Port Said as well as the defense of the accused on the other.
The former group will not accept a verdict short of a full conviction of the defendants. The other party utterly rejects this and demands the acquittal of all the accused. The latter argue that the assault on Ahly's fans was carried out by infiltrators from outside the city.
Indicators point to a possible delay in the ruling to curb the anger of the Ultras and other revolutionary movements, but also for legal reasons, namely the absence of the accused from the courtroom while the verdict is being announced. The judge can also say 'extraordinary circumstances' call for a postponement.
Moreover, on Monday – with five days before the sentencing date – the Public Prosecutor presented new evidence that introduced six new defendants to the case
The court now faces two scenarios. The first is to accept the evidence and the new list of defendants, in which case the proceedings of the prosecution and the defense on both sides would be restarted. The court could also refer the entire case file back to the Public Persecutor to start investigations anew.
The second scenario is for the court to reject this new evidence and to issue the verdict according to the results of the proceedings of the final court session.
The decision is up to the court alone.
Lawyer and former parliamentarian Mohamed Anwar al-Sadat says, "This is a major event. There are political and economic pressures on the country and on the ruling regime. A political maneuver with the aim of avoiding the possibility of angering the people is inevitable."
"While the decision of the Public Persecutor is legally permissible, the question now is the value of this evidence. It is feared that the introduction of evidence is only motivated by a desire to pressure a postponement in the verdict. I was part of the fact-finding committee formed by the People's Assembly (which has since been dissolved) and we did not prove the involvement of any other parties in the case," he adds.
The new evidence presented by the Public Prosecutor came to light after a report submitted by a fact-finding committee formed by Morsy last July to investigate all incidents of violence and protestors' deaths that took place between 25 January 2011 and 30 June 2012, the start of the uprising until the swearing in of Morsy as president. The committee submitted its report to the president at the end of December.
Although members of the committee described the Public Prosecutor's evidence as weak in statements to the media, they also doubted that their conclusions can be used merely for the purpose of easing political pressure on the regime.
Ahmed Ragheb, director of the Hisham Mubarak Law Center and member of the fact-finding committee, told al-Watan newspaper, “I feel that the decision of the Public Prosecutor to send the committee's complete report to the court was out of a desire to force the court to repeat the procedures of hearing the case, fearing the reaction that might ensue after the sentence.”
Taqadom al-Khateeb, a political activist and also member of the committee, says the new evidence may change the outcome.
Khateeb tells Egypt Independent: “If there is political will from the side of President Morsy's regime to reopen investigations in the case, I expect new names and facts to be revealed."
He refused to disclose the identities of the new defendants or to reveal the content of the new evidence, but according to media reports, defendants include former members of the disbanded National Democratic Party.
Port Said's Inspector Khalid Mohamed al-Namnam is among nine high-ranking security personnel who top the list of defendants, namely Essam Samak, the head of Port Said's Security Directorate at the time of the tragedy.
Those following the case from the start see things differently.
Safwat Abdel Hameed, head of the Port Said branch of the Lawyers' Syndicate and member of the defense team for the accused, says the evidence in the case has been weak from the start and is insufficient to incriminate the Port Saidi residents.
Abdel Hameed says, “Forensic reports prove that most of the victims died as a result of suffocation as they scrambled to find an exit. This means that there was no intention of murder on part of Masry fans, and that the charge of premeditated murder leveled against them has to be changed to an accusation that has to do with rioting and disturbances or something of the sort.
"It could not be proven that there was an agreement among the defendants to carry out the crime that happened on the spur of the moment.”
He expects a lot of the defendants to be acquitted and a few to receive sentences that range from 10 to 15 years, that is if there's sufficient proof to tie their attack on protesters to the deaths.
"The arrest of the defendants took place days after the match in a random manner and depending on the initial investigations of the police. I don't know why they would include this evidence now, only days before the verdict. The report of the fact-finding committee has been ready for around a month; this is just an attempt by the Public Prosecutor to postpone the verdict in order to avoid a crisis on the streets of Cairo or Port Said.
"It could have been presented by the persecution in the shape of an appeal on Saturday's ruling," he says.
Manal Mustafa, member of the defense team for the victims, rejects this view. “One week before the game, there were threats by Masry fans that Ahly fans coming from Cairo will meet their death. How can you perceive that there was no intention of murder?"
She adds that police forces are also complicit as evidenced by two points. The first is the failure of Central Security Forces to deter Masry fans from going down to the pitch and cross to the Ahly side.
The second, and more important, she says, is the conduct of one of the officers. "Mohamed Saad, among the defendants, closed the emergency exit door located behind the seats of Ahly fans before the end of the game for no apparent reason. This act facilitated and accelerated the mission of the assailants and ended the victims' hopes of reaching the emergency exit," she says.
The Port Said Criminal Court accepted the request of the Interior Ministry not to transfer the defendants from the Port Said prison where they are currently being held, to Cairo where the trial proceedings have been ongoing at the Police Academy since April, coinciding with the tail end of the Hosni Mubarak trial at the same venue.
Families of the defendants are continuing their sit-in in front of this Port Said prison, setting up 40 tents there to guarantee that the ministry does not rescind on its decision to keep the defendants away from Cairo.
Ali Spicy, member of the Ultras Green Eagles, supporters of Masry Club, says, “The Port Saidis are not people who commit acts like this. They don't kill anyone. I am sure there are people who infiltrated the crowds.
"I was present during the game and I left only a short while before it ended. My colleagues told me that there were strangers sitting amongst us and that they were the ones who went down to the field to beat up Ahly fans."
He adds that any verdict other than an acquittal will result in a request by residents of the governorate for a symbolic secession from Egypt.
Ali Mohsen, father of martyr Omar Mohsen, says, "Regardless of the identity of those who committed the murder, the result is that my son is dead and someone must have surely killed him.
"I have a feeling that this case will not end this way. If I don't get my son's rights, I will accuse those who were in charge of the country at the time. I will accuse Field Marshall Hussein Tantawi as one of those responsible. I feel that this case is bigger than just the 73 defendants and that something is still hidden. 26 January may just be the beginning of the case.”


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