REUTERS
CAIRO |
Wed Aug 29, 2012
Shaimaa Fayed
(Reuters) - Mohamed Fawzy was just 21 when he was jailed by an Egyptian
military court for 25 years, accused of stealing refrigerators.
"Since his arrest last year, I
have been exhausted and hysterical," said his mother Sabreya Fahmy,
choking back tears. "I could kneel at the president's feet to bring me
back my innocent son."
At least 12,000 civilians have gone before
army courts in the security vacuum that followed the fall of Egyptian
leader Hosni Mubarak, according to the campaign group No to Military
Trials, and at least 5,000 are still in jail.
Many
of those jailed were arrested in the protests that erupted during the
18 months an interim military government was in charge in Egypt, and
some have even been tried since civilian President Mohamed Mursi took
office in June.
Mursi has pardoned
630 civilians on the recommendation of a committee he formed to study
the cases of 2,165 prisoners. The committee said the cases of the
remaining prisoners needed to be investigated further.
Activists
want the remainder to be released or at least referred to civilian
courts for retrials. Until Mursi acts, they say, his claim to champion
the cause of last year's Arab Spring uprising will be open to question.
"It
is shameful that President Mursi, who rose to power because of these
civilians' struggle and the time they are spending in jail, is sitting
in his palace eating with his family, while we have no clue what has
become of the people inside those prisons," said prominent activist
Ahmed Domma.
They also say the
situation is a direct - and dangerous - challenge to Mursi, Egypt's
first elected head of state in 5,000 years. Mursi earlier this month
dismissed the country's top generals in a bold show of power after 60
years of military leadership.
"The
military is still continuing to sentence people and use military
tribunals as if it is saying to the president you are not the only one
in power," said Salma Abdel-Gelil, a member of No to Military Trials.
Activists
have long complained that military trials were used by Mubarak to
secure convictions that might not have been possible in more open and
accountable civilian courts.
A QUESTION OF PRIORITIES
Mursi
and the Muslim Brotherhood, the socially conservative movement from
which he hails, came late to the uprising against Mubarak that was begun
by liberal and left-wing activists.
While
voicing the same commitment to democracy as those of revolutionaries,
and pressing the army to stick to its timetable for elections, the
Brotherhood generally avoided direct confrontation with the generals
when they were temporarily in charge.
To its critics, the Brotherhood has shown more dedication to the pursuit of power than to human rights and the rule of law.
"The
track record of the Brothers during this period is characterized by
promises broken and silence in the face of abuses, such as military
trials for civilians and the application of the emergency law for most
of the SCAF's tenure," Michael Wahid Hanna of The Century Foundation
wrote in Foreign Policy, referring to the Supreme Council of the Armed
Forces.
"The Brothers, in tandem
with the SCAF, also sought to tarnish those intent on continuing the
protest movement through mass mobilization and public actions," he said.
Mubarak's
overthrow and the election of Mursi has transformed Egypt's stale
politics. But many Egyptians say the unreformed security forces still
disregard the basic rights of citizens.
Activists
say the use of torture by security officials is still common, though
officials in the past have routinely denied such practices are routine
and say any allegations of torture are properly investigated.
"WE WERE LUCKY"
Karim
El Kennany, a member of the Egyptian Social Democratic Party, said he
was detained and beaten last month on charges of insulting an army
council member during a demonstration near the house of a general in
Cairo.
"We were just standing
silently holding up posters about the constitution," said Kennany, 26.
"On my way home some plainclothes men tied my arms, blindfolded me and
threw me to the ground. They just kept beating us, unthinkingly.
"We
found ourselves on a floor of a civilian jail that housed dangerous
criminals. The truth is we found among those criminals more humanity
than the officers and informants.
"We
were lucky that our party backed us and helped us, but there are
thousands inside those jails that nobody knows anything about," said
Kennany.
On August 12, Mursi
pensioned off Field Marshal Hussein Tantawi, Mubarak's defence minister
for 20 years, replaced the chief of staff and cancelled constitutional
provisions that conferred wide powers on the army leadership.
The
move gave Mursi powers rivalling those of Mubarak. It also removed any
doubt that he would be able to release or retry the detainees facing
military trial.
"It gives us new
grounds to push for all our demands," said Abdel-Gelil of No to Military
Trials. "Now he has the legislative and executive power to take the
actions he should have taken from the start."
Campaigners
say a new constitution being prepared must bar military courts from
trying civilians - a practice employed under Mubarak to muzzle Islamists
and other political opponents.
At the moment, an army decree still allows troops to arrest civilians on drug charges or on the vague crime of "thuggery".
Mohamed
El Zarea, a rights lawyer and member of the committee Mursi appointed
to review the military trial cases, said the body would recommend a
civil retrial of all the civilian cases it is handling when it issues
its final report, due by the end of August.
Critics
of the process say the committee risks overlooking the many others
detained by the army in often chaotic and arbitrary round-ups.
Others
say Mursi seems to be looking after his political allies first; last
month he pardoned at least 17 Islamists jailed for militancy during the
Mubarak era.
"Mursi is biased
because the youth in those jails are not part of his political current,"
said Samir Ghattas, head of the Middle East Forum, a Cairo-based think
tank dealing with regional issues.
*Additional reporting by
Tom Pfeiffer; Editing by
Sonya Hepinstall