It took hours of running around court houses to find out where the trial of three leading activists, the first to be charged under the controversial demonstration law, was actually taking place. The proceedings opened at 3:30pm on Sunday, at the tightly secured Police Institute within the Tora Prison compound. Ahmed Maher, of the 6 April Movement and Ahmed Doma, an activist known for strong opposition to former presidents Hosni Mubarak and Mohamed Morsi, were arrested early in December and charged with organising an illegal demonstration in front of Abdine Court on 30 November, attacking soldiers, endangering public order and destroying public property. After a four-hour hearing judge Amir Assem delayed sentencing to 22 December. Their co-defendant Mohamed Adel, a leading member of 6 April Movement, remains at large. Up to 100 activists had gathered in front of Abdine Court to protest against the detention of 25 demonstrators detained under the controversial new law as they protested against military trials for civilians in front of the Shura Council on 26 November. Maher had already been questioned by prosecutors over his alleged role in the earlier demonstration, though he did not take part in it. In the absence of any evidence his release was ordered. Hours later he was re-arrested and charged with inciting his supporters to attack the police outside Abdine Court during his questioning. Doma was arrested at home on 1 December. Both Doma and Maher appeared in high spirits. They expressed confidence that they would be found not guilty. “We will continue to challenge the demonstration law, whether from inside or outside prison,” said a smiling Doma as his young wife, Norhan Hefzi, stood next to the court cage during a recess in proceedings. Doma and Maher lifted a white T-shirt with the words “Down with the Demonstration Law” hand-written on the front. “Only in Egypt would lawyers, families and journalists not know the location of a trial,” said Ahmed Seif, one of over a dozen lawyers who were covering three courtrooms between them so as to be sure they could defend their clients. “There were no gatherings or demonstrations against the trial so citing security as the reason for all the secrecy is redundant.” The trial of Doma, Maher and Adel is the first to involve the current regime's non-Muslim Brotherhood opponents since the removal of Mohamed Morsi on 3 July. It has fanned concern among activists who supported the 25 January 2011 Revolution that the security establishment is consolidating its power and will soon initiate a crackdown against all opponents. The three defendants, like the 25 arrested on 26 November in front of the Shura Council, were at the forefront of demonstrations that sought the removal of Morsi. The prosecutor-general's office announced on Monday that the date of the trial of the 25 — all released on bail except prominent activist/blogger Alaa Abdel-Fattah and Ahmed Abdel-Rahman — would be announced later. Abdel-Fattah was arrested at home, beaten by police and kept in solitary confinement during his first night in prison. Immediately the trial opened at the Police Institute lawyer Tarek Al-Awadi said the legal teams of the three defendants would challenge the constitutionality of the demonstration law. They argued it violated the constitutional declaration announced by interim President Adli President Mansour on 8 July, days after Morsi's removal. Local and international human rights groups, as well as the UN Human Rights Council, have criticised the new law for violating the right to peaceful assembly and for stipulating draconian penalties for any infringement of its provisions. They include three-day advance notification to the Ministry of Interior of any gathering of more than 10 people, notice of all chants that will be raised, the exact route of the protest and the numbers that will take part. The Interior Ministry can turn down the request if it deems the gathering “a threat to peace and security”. The law imposes prison terms ranging between two and seven years, and fines from LE50,000 to LE300,000 for violators. Lawyers and human rights groups also argue the law contradicts the draft constitution finalised by a 50-member committee on 3 December. The draft, which Egyptians will vote on in a referendum in early January, clearly states that demonstrators need only to “notify” the authorities of their intention to hold a protest. Doma and Maher's lawyers surprised the judge by announcing that they wanted to make the case for the defence immediately rather than petitioning for time to study the file as is usual. The judge agreed to this, and to listen to two defence witnesses. Members of the defence team then took turns pointing out the contractions in the prosecution's case and the testimony of police witnesses. “One of the witnesses told the prosecutor that he was going to the Abdine area to buy electrical appliances. Later the same man said he saw Doma and screamed at him that he couldn't make a living because of the continuing demonstrations and had only LE4 in his pocket. What electrical appliances he was planning to buy for LE4,” asked Mohamed Abdel-Raouf. The witness, he implied, had been directed by the police to give a false testimony. Other lawyers pointed out that none of the seven soldiers the prosecutors said were injured in clashes in front of Abdine Court had identified Maher, Doma or Adel as among the attackers. The owner of a coffee shop that faces Abdine Court also testified that both Maher and Doma were inside the court house when clashes were taking place, undermining prosecution claims that they were orchestrating the clashes. “Following 25 January and 30 June we assumed that the drafting of unjust laws was over,” said Awadi. “Yet it seems the Mubarak police state is back in force and using the same tactics, trumped up charges, false witnesses and fabricated evidence.” Awadi denied prosecution claims that Maher, Abdel-Fattah and other opponents of the new legislation think they are above the law. He pointed out that Maher presented himself voluntarily for questioning when summoned over his alleged role in the 26 November demonstration in front of the Shura Council. The judge refused lawyers' requests to free Doma and Maher pending trial and ordered them to remain in custody until the verdict is announced on 22 December.
