This is one of the main challenges we are currently having when it comes to the Constitution 2012 amendments and God knows it is not a challenge more than it is a battle.
This battle, this challenge is the military trials for civilians. You see according to the Constitution 2012 vague article 198 civilians can stand military trials.
Here is what article 198 says “Translated to English by Dr. Nivien Salah”
Nassar gave a brief history of the military trials in Egypt as well in a series of tweets on Friday. They are extremely important.
It is worth to mention that Constitution 2012 gave the army privileges that have not been granted to the military institution in any other previous constitution in the history of Egypt including Constitution 1971.
Now the brave No For Military trials campaign has started a new crusade against the armed forces in order to stop the military trials for civilians and to make civilians stand civilian trials constitutionally.
Tomorrow the No For Military trials campaign will have a hearing session in order to explain their views to the Constitution committee.
Last Thursday the head of the military judiciary had his hearing in front of the committee. Of course the media focused on what he said without even trying to represent the other views at least from the professional way !!
By the way Tamaroud representatives aka youth representatives in the Constitution committee “Mahmoud Badr and Mohamed Abdel Aziz” seem to be okay with the military trials for civilians. The Nasserites also seem to be okay with the military for civilians.
Nevertheless there are some voices in the committee against the military like Constitutional law expert and head of Cairo University Dr. Gaber Nassar whom I quoted above as well artist Mohamed Abla.
Currently we know that two journalists are standing military trials and sadly enough they are from Sinai : Mohamed Sabry and Ahmed Abu Draa.
Mohamed Sabry stood a military trial in time of ousted president Morsi and up till now his trial is being adjourned for ages.
Now here are important remarks I would like to add regarding the military trials and my source is none other than the fantastic and brave Mona Seif herself.
Here is what article 198 says “Translated to English by Dr. Nivien Salah”
The military judiciary is an independent branch of the judiciary. It alone decides on all crimes related to the armed forces, their officers, and personnel.According to Constitutional law expert Gaber Nassar who is also the head of Cairo University and a member in the Constitution committee this is a vague article.
Civilians may not be tried by the military judiciary unless they are accused of crimes that hurt the armed forces. The law specifies these crimes as well as other competencies of the military judiciary.
Members of the military judiciary are independent. They cannot be dismissed, and they have the guarantees, rights, and duties that attach to all members of the judiciary.
Nassar gave a brief history of the military trials in Egypt as well in a series of tweets on Friday. They are extremely important.
1-كانت تسمى المحاكمات العسكرية داخل الثكنات وبعد يوليو دخل النظام القانونى المصرى لأول مرة مصطلح القضاء العسكرى وأستخدم على نطاق واسع ..يتبع1- It was first called “military trials in barracks” and after July 1952 the term “military judiciary” was introduced for the first time to the Egyptian legal system.
— DR. Gaber Gad Nassar (@drGABER_NASSAR) September 20, 2013
2-وكان المقصود تسويغه بإعتباره قضاء وهو ليس كذلك وفى نهاية حكم مبارك عملوه على درجتين من أجل ترسيخ فكرة كاذبة أنه ليس محاكمة خاصة نوعية يتبع2- It was meant to market it as a judiciary but it is not. In the end of Mubarak era two stages legal procedures “primary and appeal” were introduced to the military judiciary in order to enforce the false idea that it is not a special judiciary.
— DR. Gaber Gad Nassar (@drGABER_NASSAR) September 20, 2013
3-فى دستور 2012قالوا أنه قضاء مستقل وهو لايمكن أن يكون كذلك لان القاضى ضابط هو وأحكامه يخضع لوزير الدفاع ولذلك لابد من عودته كما كان3- In Constitution 2012 , it was said that military judiciary was an independent judiciary which can not be because in the end the military judge is an officer who follows the minister of defense.
— DR. Gaber Gad Nassar (@drGABER_NASSAR) September 20, 2013
It is worth to mention that Constitution 2012 gave the army privileges that have not been granted to the military institution in any other previous constitution in the history of Egypt including Constitution 1971.
Now the brave No For Military trials campaign has started a new crusade against the armed forces in order to stop the military trials for civilians and to make civilians stand civilian trials constitutionally.
Tomorrow the No For Military trials campaign will have a hearing session in order to explain their views to the Constitution committee.
Last Thursday the head of the military judiciary had his hearing in front of the committee. Of course the media focused on what he said without even trying to represent the other views at least from the professional way !!
By the way Tamaroud representatives aka youth representatives in the Constitution committee “Mahmoud Badr and Mohamed Abdel Aziz” seem to be okay with the military trials for civilians. The Nasserites also seem to be okay with the military for civilians.
Nevertheless there are some voices in the committee against the military like Constitutional law expert and head of Cairo University Dr. Gaber Nassar whom I quoted above as well artist Mohamed Abla.
Currently we know that two journalists are standing military trials and sadly enough they are from Sinai : Mohamed Sabry and Ahmed Abu Draa.
Mohamed Sabry stood a military trial in time of ousted president Morsi and up till now his trial is being adjourned for ages.
Now here are important remarks I would like to add regarding the military trials and my source is none other than the fantastic and brave Mona Seif herself.
- Up till now we do not know the exact number of the civilians who stood and are standing military trials. The latest number we have got is “11,000” and this is according to the statement of Adel Morsi , the former head of military judiciary to Ahram Gate in September 2011. Since then there are no official statements about the exact number.
- It is true that there are no civilian prisoners in the military prisons because the civilian prisoners have been transferred to civilian prisons since 2012.
- The military trials are on rise after June 30 mainly in the governorates away from media like in Suez canal governorates , North Sinai and Matrouh as well some Upper Egyptian governorates like Minya.
- The No for military trials campaign is trying to help people as much it can but it does not have lawyers or activists enough to help people in those campaigns.
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