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Shoura Council slams SCAF, gov't for allowing NGO defendants to leave country
Published in Daily News Egypt on 06 - 03 - 2012

CAIRO: MPs slammed the government and the ruling military council on Tuesday, for their alleged responsibility in allowing non-Egyptian defendants in the NGO trial to leave the country, while cabinet ministers tried to absolve themselves of responsibility before the Shoura Council.
Members of the upper house of parliament described the decision to lift the travel ban as “an infringement on Egypt's sovereignty and the independence of its judiciary, in addition to a violation of Egyptians' dignity.”
Ministers of International Cooperation Fayza Aboul Naga, of Civil Aviation Hussein Massoud and of Insurance and Social Affairs Nagwa Hussein Ahmed Khalil were summoned by the council in its first non-procedural meeting to give their statements regarding the case.
After the MPs briefly adjourned the session in objection of the initial absence of the ministers, the latter distanced themselves from the decision to allow the defendants, including six Americans, to leave the country, stressing that they performed their duties to the fullest.
Massoud, who was questioned about allowing a special plane to fly the defendants out of the country, said he got clearance from the ruling military council and other top security agencies before allowing the plane to leave the Cairo International Airport.
Most of the criticism was directed at Aboul Naga, who has been part of the cabinet for more than 10 years, served mainly under the Mubarak regime.
Known to be the driving force behind the initial investigations, Aboul Naga said that her responsibility in the case was over once it was referred from the Cabinet to the judiciary on Oct. 3 last year.
In a statement dismissed by some MPs for evoking the performance of the Mubarak regime and its cabinet, the minister cited the violations of the US administration against Egypt's sovereignty and laws.
She said that on Feb. 20, the US administrations decided to redirect its $150 million in aid to NGOs to promote democracy in Egypt and political campaigning during the parliamentary elections, which kicked off on Nov.28, representing Egypt's freest vote in decades.
The US aid was initially designated to health, education and housing in Egypt under ousted President Hosni Mubarak's reign, before the 18-day revolt that toppled him, according to Aboul Naga.
The minister said US Ambassador Anne Patterson announced that four unlicensed US NGOs including the International Republican Institute (IRI), the National Democratic Institute (NDI), Freedom House and the International Center for Journalists would receive $40 million of the $150 million designated to NGOs.
Forty three workers, mainly from these four NGOs, are on trial, and are accused of operating the without a license and receiving illicit foreign funds.
Aboul Naga said Patterson had announced that around 600 Egyptian organizations lined up to get a piece of the US aid.
She added that the Egyptian government had given several warnings and publically rejected US statements regarding giving aid to unlicensed NGOs, before referring the case to investigations.
Following criticism of her and the cabinet, particularly by MP Sayed Hozain, Aboul Naga left the session, saying she had a prior engagement, and to the dismay of several MPs.
Khalil, minister of Insurance and Social Affairs, said her ministry wasn't involved in the case as the NGOs were unlicensed and therefore didn't fall under the ministry's supervision or jurisdiction.
She said that there were 70 licensed foreign NGOs in Egypt, adding that any foreign funding was received and regulated by the ministry.
The decision to lift the travel ban was taken under vague circumstances, as some believe a new panel of judges was assigned to issue the decision, while others said that a grievances department formed by head of the Cairo Appeals Court Abdel Moez Ibrahim issued the decision after the panel of judges reviewing the case recused itself.
Many lawyers and judges argued that the decision was illegal, as the defendants had to be present in the session in order to present any demands including the scrapping of the travel ban.
Only 14 Egyptian defendants attended the court session held last week and were placed inside the dock, in accordance with procedures.
Some judges argued that the grievance department was "especially created" by Ibrahim to get around the judiciary system, under political pressure from the government and the Supreme Council of Armed Forces (SCAF).
Many MPs questioned whether a deal was brokered between the US and SCAF to allow the defendants to leave the country during the trial.
MPs Nagy Shehaby, head of the Democratic Generation Party, and Tarek Sahry of the salafi Al-Nour Party called on SCAF to issue a statement clarifying whether a deal was struck or not and the reasons behind lifting the travel ban.
"The era of secretly resolving matters and brokering deals is over," said Sahri.
Foreign conspiracy
Shehabi slammed the US describing it as an "enemy" and a "thug" using its power to infringe on Egypt's sovereignty.
He called for banning all foreign funding to NGOs located in Egypt, saying that they served their countries and their agendas in compromising Egypt's stability and independence.
However, Aboul Naga argued that foreign aid was a necessity to help the development of third world countries, as long as it was regulated by the laws.
"Foreign funding isn't flawed in itself. This depends on how it's managed, negotiated and how the greatest benefit for Egypt is achieved from it," she said.
MP Ihab El-Kharrat of the Egyptian Democratic Social Party agreed, saying that restrictions on civil society organizations needed to be eased and more freedoms granted to them.
The case had refueled claims propagated by the Mubarak regime and the military rulers of a foreign conspiracy against Egypt. Media statements by investigating judges and other officials implied that the NGOs were facing accusations much more serious than the charges included in the official indictment.
Local rights groups had repeatedly slammed the crackdown and the trial, saying they aim to discredit and vilify the work of NGOs, especially those exposing government violations.
But after officials painted the picture as a confrontation with the US, Egyptians were frustrated to see the government backing down by lifting the travel ban for the foreign defendants.
The MPs said that the special US plane that carried the defendants out of Egypt, had landed at the Cairo International Airport without permit in violation of aviation laws.
Civil Aviation Minister Massoud explained that it wasn't his responsibility to grant permits to military or government planes to land or enter Egypt's air space.
The plane, however, was fined LE 50,000 for misrepresenting its purpose. The minister said that as a government plane, it wasn't carrying diplomats as it should, but there to pick up civilians. He said he only knew the identity of the passengers as they boarded the plane.
To the outrage of MPs, Massoud said the plane landed in Cairo on Feb. 29 at 2:18 pm, a day before the travel ban was lifted. MPs said the US department of state knew before hand about the decision.
The Minister refuted responsibility in allowing the defendants to travel, explaining that checking the validity of their passports and whether they were on the no-flight list was the responsibility of Homeland Security. He added that following the Jan. 25 revolt, SCAF had to approve the departure of any special plane, and it indeed approved the taking off.
At the same time in a short statement, Prime Minister Kamal El-Ganzoury also distanced himself from the decision, saying that it was completely up to the judiciary to lift the travel ban.
"I'm not evading responsibility, but this is the truth," he said. –Additional reporting by Mai Shams El-Din.


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