statement on the trial of civilians by military courts. Excerpt:
Egypt’s military courts violate several key elements of due process, including the defendants’ right to be informed of the charges against them, to access a lawyer, to have a lawyer present during interrogations, and to be brought promptly before a judge. Judges in the military justice system are military officers subject to a chain of command, without the independence to ignore instructions by superiors.
The use of military courts to try civilians violates international law. The Human Rights Committee, the international expert body that interprets the International Covenant on Civil and Political Rights, which Egypt ratified in 1982, has stated that civilians should be tried by military courts only under exceptional circumstances and only under conditions that genuinely afford full due process. The African Commission on Human and Peoples’ Rights, which interprets the African Charter on Human and Peoples’ Rights, ratified by Egypt in 1984, has stated that civilians should never face military trial and that military courts should not have the power to impose the death penalty. The African Principles and Guidelines on the Right to a Fair Trial and Legal Assistance, adopted in 2003, prohibit military trial of civilians under all circumstances.