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Amnesty International and the Sinai Foundation for Human Rights both released statements Tuesday condemning the Egyptian military’s trial of a group of civilian fishermen caught fishing during a “prohibited period” within a military area, highlighting unfair procedures and a lack of judicial independence in military trials.
The actual trial of the fisherman was subject to procedural problems, including holding hearings without the presence of the accused, and the court’s refusal to allow the defendant’s lawyer to cross-examine the prosecution’s witnesses.
In addition, many of the presidential decrees allowing military tribunals were never officially published in the Presidential Gazette, raising questions about the transparency of the law under which the fishers are being prosecuted.
Lake Bardawil was declared to fall under military jurisdiction and was deemed a “prohibited area” following a series of presidential decrees. Later presidential decrees made fishing in prohibited areas a crime subject to up to 2 years of prison time, or fines of up to 100,000 Egyptian Dollars ($1,975 USD) and expanded the authority of military tribunals to prosecute a host of different crimes usually outside their jurisdiction. This area of Lake Bardawil, however, was a common fishing area utilized by around 3,500 fishermen annually.
Sinai International noted that there is a pattern of Egyptian military courts being used to criminally convict Egyptian civilian citizens, such as the prosecution of 62 residents within North Sinai by military tribunals for alleged damage to military vehicles. The usage of non-independent military tribunals continues despite the cessation of military operations in North Sinai by the Egyptian government.
Under Article 9 of the Universal Declaration of Human Rights, nobody “shall be subjected to arbitrary arrest, detention, or exile”. Similarly, Article 11 entitles everybody charged with a criminal offence to the presumption of innocence until proven guilty in a public trial, with all relevant defenses available.
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The actual trial of the fisherman was subject to procedural problems, including holding hearings without the presence of the accused, and the court’s refusal to allow the defendant’s lawyer to cross-examine the prosecution’s witnesses.
In addition, many of the presidential decrees allowing military tribunals were never officially published in the Presidential Gazette, raising questions about the transparency of the law under which the fishers are being prosecuted.
Lake Bardawil was declared to fall under military jurisdiction and was deemed a “prohibited area” following a series of presidential decrees. Later presidential decrees made fishing in prohibited areas a crime subject to up to 2 years of prison time, or fines of up to 100,000 Egyptian Dollars ($1,975 USD) and expanded the authority of military tribunals to prosecute a host of different crimes usually outside their jurisdiction. This area of Lake Bardawil, however, was a common fishing area utilized by around 3,500 fishermen annually.
Sinai International noted that there is a pattern of Egyptian military courts being used to criminally convict Egyptian civilian citizens, such as the prosecution of 62 residents within North Sinai by military tribunals for alleged damage to military vehicles. The usage of non-independent military tribunals continues despite the cessation of military operations in North Sinai by the Egyptian government.
Under Article 9 of the Universal Declaration of Human Rights, nobody “shall be subjected to arbitrary arrest, detention, or exile”. Similarly, Article 11 entitles everybody charged with a criminal offence to the presumption of innocence until proven guilty in a public trial, with all relevant defenses available.
The post Rights groups claim Egypt military trial of civilian fishermen undermines rule of law appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.