{"id":7891,"date":"2014-06-12T11:58:10","date_gmt":"2014-06-12T11:58:10","guid":{"rendered":"http:\/\/afteegypt.org\/?p=7891"},"modified":"2014-06-12T11:58:10","modified_gmt":"2014-06-12T11:58:10","slug":"joint-press-statement-sentencing-activists-for-15-years-in-absentia-confirms-our-concerns-regarding-the-right-to-free-and-fair-trials-and-the-independence-of-the-judiciary","status":"publish","type":"post","link":"https:\/\/afteegypt.org\/en\/advocacy-en\/joint-statements-en\/2014\/06\/12\/7891-afteegypt.html","title":{"rendered":"Joint Press Statement: Sentencing Activists for 15 years in Absentia Confirms our concerns regarding the right to free and fair trials and the independence of the judiciary"},"content":{"rendered":"
12 June 2014<\/p>\n
The harsh sentence handed down today in absentia by the Cairo Criminal Court against Alaa Abdel Fattah, Ahmed Abdel Rahman, WaelMetwally and 22 others is another severe violation\u00a0 of the basic right to a fair trial adding to the dismal human rights situation in Egypt, said the undersigned organizations. The undersigned organizations condemn the sham proceedings, not meeting the most basic standards of fair trial, and believe that the defendants should not have been charged or tried in the first place as they were merely exercising their right to freedom of expression and peaceful assembly.\u00a0 The undersigned organizations condemn the continual crackdown on any form of dissent and the silencing of the lone voices drawing attention to the government’s abysmal human rights record. Putting one of the faces and symbols of opposition activism, Alaa Abdel Fattah, behind bars appears to be a punitive measure against his continual vocal criticism of the authorities, and aims to serve as a deterrent for others signaling that criticism is no longer tolerated.<\/p>\n
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Alaa Abdelfattah, Ahmed Abdel Rahman, WaelMetwally and 22 others were convicted of breeching the protest law, illegal gathering, theft, and attacking officials on duty and sentenced to 15 years imprisonment, 100,000 pound fines, and a further five years of police surveillance after their release.\u00a0 The verdict was handed down in abstentia despite the fact that defendants’ lawyers were present from 9:00am in court room held at the Police Academy in Tora Prison. They were awaiting the beginning of the hearing, while some defendants began to arrive shortly after. At about 9:45am, to their surprise, lawyers discovered from court security that the verdict had already been handed down in absentia without any hearing. Some 15 minutes later, Alaa Abdelfattah, Ahmed Abdel Rahman and WaelMetwallywere arrested outside the court.<\/p>\n
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During the last hearing in this case held on 25 May, the proceedings were postponed until today due to the judge’s alleged illness. Today’s verdict was handed down in proceedings flagrantly breeching the right to fair trial including the right to adequate defense. Defense did not have the chance to call in witnesses, cross examine prosecution witnesses, examine video evidence or plead their case. On the other hand, the prosecution’s case solely rests on police investigations and witnesses, including some five or six police officers carrying out the arrests. Defense plans to call for a \u201c repeat of procedures\u201d to retry the case. In the meantime, Alaa Abdelfattah, Ahmed Abdel Rahman, and WaelMetwally will remain behind bars.\u00a0 It is worth noting that after the investigations were over, Alaa and Ahmed Abdel Rahman were kept in custody for over 100 days waiting for their referral to the criminal court. We consider this delay an abuse of the law aimed at prolonging\u00a0 their detention. The undersigned organizations are extremely concerned about the manipulation of the law, for the purpose of keeping them in custody for an extended period .<\/p>\n
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The undersigned human rights organizations express their deep concern about the deeply flawed nature of the trial and the judiciary\u2019s apparent involvement in a political conflict.\u00a0 Today\u2019s verdict is the latest example in the series of unfair trials conducted in Egypt in the past\u00a0 three years,\u00a0\u00a0 all failing to uphold\u00a0 basic due process rights. The Minya<\/a>mass\u00a0 trials are other blatant examples of severe breeches to the right to a fair trials. The verdict further demonstrates the selective nature f justice and thus reflects deep problems affecting the judiciary at large ..<\/p>\n <\/p>\n