Egypt's political activists continue to oppose the use of military trials for civilians, writes Dena Rashed The pardoning of 230 people by the head of the ruling Supreme Council of the Armed Forces (SCAF), Field Marshal Mohamed Hussein Tantawi, earlier this month was received with mixed feelings by activists. The same was true of statements made by the head of the military judiciary, Adel El-Morsy, when he announced that as soon as the emergency law was lifted, civilians would not be referred for military trial and no civilians would be tried for their opinions. Yet, despite these moves, and especially with the SCAF announcing that the pardoned were those with no prior convictions, Salma Abdel-Gelil, a member of the No to Military Trials (NMT) group, is still lobbying for an end to military trials for civilians. Abdel-Gelil, who works for a large multinational company but has been dedicating her free time to this cause, says that her problem with the pardons had to do with the criteria used to release these specific prisoners. She wondered whether the whole thing was a publicity stunt and had trouble comprehending the principles behind such trials. The No to Military Trials group was set up in late March after the arrest of a protestor, Amr al-Behiry, when the military police cleared Tahrir Square, with Abdel-Gelil, one of the group's some 100 members, 35 of whom are considered to be active, saying that he had been wrongly arrested. The group aims to provide those who have been arrested with free legal support. "We look out for those who have been arrested, and we follow up their cases," she said. "However, unfortunately we can't help everyone because of our limited resources and the large numbers of those convicted." After 28 January, the state's authority crumbled, especially with regard to the police and the public prosecutor's office, Major-General El-Morsy, a member of the SCAF, said at a recent press conference reported in Al-Ahram. As a result, the armed forces were the country's only working institution. "Because of the chaotic state of security, the police were not able to file cases, and thus the public prosecutor's office was not able to fulfil its role either. Had the armed forces and the military judiciary not intervened, it would have been a disaster," El-Morsy said. Those criticising the military's actions had not offered an alternative, he added, saying that the military judiciary derived its legal standing from article 183 of the 1971 constitution and article 51 of the constitutional decree issued in March. The military judiciary was a constitutionally recognised body under law no 25 of 1966. The official figure of those tried before military courts since the 25 January Revolution now approaches 12,000 people. Of these, 6,235 people have been convicted, 795 acquitted, and almost 2,000 have received suspended sentences. El-Morsy said that the military judiciary was an independent body and that it applied the regular law. No political protestors had been tried in front of the military courts, he said, and there had been exaggeration in the numbers circulated. El-Morsy's idea of an appropriate judge to try cases against civilians is not that of a judge sitting in a civilian court, since the March 2011 constitutional decree does not stipulate this. Instead, El-Morsy argued that the military judiciary observed appropriate legal guarantees, applied the civilian law and guaranteed the rights of the defense. However, for Nasser Amin, head of the Arab Centre for Judicial Independence, a regular judge necessarily rules with the aid of civilian law, hears cases committed by civilians, and works in civilian courts. While Amin believes that the release of the 230 prisoners was a step in the right direction, he also said that there were further steps that should be taken, including ensuring that all those tried are convicted in civilian courts. While there are no accurate numbers for those convicted, Amin said, he claimed that most of them had been charged with murder, thuggery, theft or violence, with some of them being tried for their opinions. For its part, the NMT group believes that many of those convicted would be acquitted if tried in front of civilian courts. "The military cases lack transparency and are full of circumstantial evidence. Many people were found guilty just for being in the wrong place at the wrong time, amid violence protests, for example," Abdel-Gelil said. She argued that if someone is arrested, sent for trial and convicted all within the space of 48 hours, he or she necessarily does not have the time to find a lawyer or prepare a case. Most of those convicted did not have the financial means to hire a lawyer, she said. While she remains optimistic, Abdel-Gelil admitted that there was a long way to go before the NMT group could realise its goals. Military trials were acceptable to some people after the disorder of the Revolution, she said, but once they start to affect the lives of those close to them, such people change their opinions. The NMT has been lobbying by spreading its message in the media and drawing attention to cases where people have clearly been wrongly accused. Facts and figures According to El-Morsy, the situation regarding the use of military trials is as follows: Number of cases sent for trial recently: 3,863 Out of which have been: 2,611 cases of the illegal acquisition of weapons or ammunition or the use of violence 544 cases of theft or attempted theft 4 cases of rape 22 sexual assaults 15 drug cases 17 cases of assuming the identity of police officers 41 cases of sabotage 102 cases of invading state land and property 22 cases of murder or attempted murder 168 case of breaking the curfew (suspended sentences) 19 cases of fraud 18 cases of escape from prison One case of insulting the armed forces, which was that of Michael Nabil, a blogger sentenced to three years in prison 279 other cases.
