The Euro-Mediterranean Human Rights Network (EMHRN) is appalled by the increasing use of Egypt’s judiciary to silence dissidents and human rights defenders.
Yesterday, a Special Chamber of the Criminal Court has sentenced in absentia prominent Egyptian human rights activist Alaa Abdel Fattah and 24 others (charged with violating Egypt’s controversial Protest Law) to 15 years of prison, five years of subsequent police surveillance and a fine of LE 100,000 each (around 10.327€).
The hearing was held earlier than expected, preventing Mr. Abdel Fattah and the other defendants from attending. No evidence was presented during the hearing and no witnesses were called. Trial observers, including an international human rights lawyer sent by EMHRN, as well as journalists were denied access to the court. Tellingly, the hastened trial resulted in identical sentences for all 25 defendants despite different charges brought against them. Although Egypt’s new constitution guarantees the right of appeal, lamentably, this verdict is not subject to appeal.
The hearing was presided over by Judge Mohammed El-Fikki, whose impartiality was challenged by Mr. Abdel Fattah during an earlier hearing. Mr. Abdel Fattah had requested that the judge recuse himself from the case given the animosity between the two men going back to a complaint that Mr. Abdel Fattah had filed against the judge for alleged election fraud in 2005. However, the court denied his request, disregarding the fundamental principle of the impartiality of the judiciary.
The implementation of the Protest Law under which the defendants were sentenced restricts the right to peaceful assembly in violation of international standards. Since its adoption, the law has unleashed a wave of politically-motivated judicial procedures against dissenting voices, allowing for collective responsibility and disproportionate punishment. The outrageously excessive sentence levelled against Mr. Abdel Fattah and the other defendants for relatively minor offenses under the Protest Law is a shameless example of this practice.
Yesterday’s decision illustrates the utter failure of the Egyptian judiciary to secure its independence and institute a judicial culture of fair trial and respect for human rights.The outcome is not only a personal tragedy for the accused and their families, but a serious blow to true democracy in Egypt.