Joint Statement Military Court Issues Acquittal for Three Workers and Probation for Five Signatories Request Cancelling Amendment 138/2010
The military court ruled today in the case 76/2010 military crimes of Cairo west of the workers of Helwan Co. for Engineering Industries ,formerly 99 military factory. The court acquitted all 8 workers of the charges : assaulting chairman of the board ,going on strike and disclosing military secrets.
The court sentenced Ayman Taher and Ahmed Taher for one year imprisonment with three years probation and EGP 1,000 fine on the charge of destruction of public property.
The court sentenced Ahmed Abdel Mohaimen, Mohamed Tarek Korani and Ali Nabil Ezzat to six months probation and a fine of EGP 1,000 on the charge of destruction of public property.
The court acquitted the remaining workers : Tarek Said Mahmoud , Wael Byomi Mohamed and Hisham Farouk Eid of all pressed charges.
The seven workers who stood before court are
First defendant: Ayman Taher Hassan
Second defendant: Ahmed Taher Hassan
Third defendant: Ahmed Mohamed Abdel Mohaymen
Fourth defendant: Mohamed Tarek Sayed
Fifth defendant: Wael Byomi Mohamed
Sixth defendant: Hisham Farou Eid
Seventh defendant: Ali Nabil Ezzat
Charges pressed against them were:
1-Intentionally sabotaging some factory property , laboratories and departments resulting in losses estimated by factory administration by EGP 126,440.
2- Refraining from carrying out their assigned tasks for 3 running days causing cylinder production line to lose EGP 1,692,000 as estimated by administration
3- Assaulting a public employee, General Mohamed Amin , chairman of the board as they threw him with metal masses that resulted from the exploded Nitrogen cylinder that killed their colleague. The assault is said to have happened while Amin was inspecting the accident scene.
4- The charge pressed against the eighth defendant Tarek Said Mahmoud was disclosing military secrets as he contacted Ikhwan Online web site and informed them details about the military factory 99 without prior permission from the armed forces general command.
All eight workers were investigated after the explosion on 3/8/2010 which stirred workers’ rage for the death of a colleague and injury of another. The military prosecution decided to keep them in custody as of 14/8/2010. The prosecution informed them of referral to military trial on 21/8/2010. The court held five hearings ,
- The first was on 21/8/2010.
- The second was held on 25/8/2010 to enable the defense to review the case after the court denied them a copy.
- The third was held on 28/8/2010 to hear and examine witnesses.
- The fourth hearing was on 29/8/2010 for defense arguments.
- The fifth was held on 30/8/2010 for sentencing.
It is to be noted that this is the second military court to be held for Egyptian workers, the first was in August 1952 , known as Khamis wa AlBaqary trial.
The eight workers were military tried as per the legislative amendment issued late June 2010 by which some crimes stated in the penal code , if committed by or against a worker in a military factory irrespective of the crime location , become a military jurisdiction. As well , all crimes committed on military property pertaining to equipment, facilities, gear, money , documents or other become a military jurisdiction. This is amendment 138 / 2010 regarding some provisions of the law 234 / 1959 regarding the rules of reserve officers serving the armed forces and the Military Justice Code, promulgated by Law 25 / 1966.
One of the setbacks of this amendment is that it is not restricted to military production sites only but extends as well to areas close to border lines defined by the presidential decision 204/2010. The decision listed many state zones to fall under military jurisdiction which is an excessively restrictive measure to refer citizens to military court.
The undersigned demand cancelling the amendment 138 /2010 and to suspend all its executive administrative decisions. In addition, the defense commission is taking measures to challenge the verdicts against the five workers irrespective of being suspended sentences.
Signatories
The Egyptian Center For Economic And Social Rights.
Children of The Earth Foundation For Human Rights (Awladelard)
Coordinating Committee For The Rights And Freedoms of Workers And Unions.
Campaign For Trade Union Freedoms (Ma’an).
Socialist Studies Center
Hisham Mubarak Law Center.
Preparatory Workers Committee.
Afaq Ishtrakya .
Al Helaly institute for Freedoms
Reporters without Rights
People’s Movement For Democratic Change (Hashd).
Independent Real Estate Tax Union .
Freedoms Committee , Press Syndicate.
Prisoners of Conscience Defense Committee
Tadamon
The Arabic Institute For Civil Society Support And Human Rights
Tanweer Center For Development And Human Rights
Military Provisions code before amending
The law 138/2010
Presidential Decision 204/ 2010
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