In his first presentation to the military prosecutor, the prosecution issued a decision on Wednesday, 09.30.2015 to remain in custody “Omar Gamal Abdel Hafez,” third year student at the Tenth of Ramadan Higher Institute of Engineering and Technology , for a period of 30 days pending investigations.
recalling that the student had been arrested arbitrarily on Tuesday 02/06/2015, from the Aviation Club in Heliopolis while sitting with his family, where it was reported by his family that security force arrested the student without a court order or clarify reason for the arrest, and then take him in a car, “microbus” white color to an unknown destination, where all their attempts have failed in the search in departments and police stations, the first appearance of the student was on Monday, 06/15/2015 to in front of State Security Supreme compound V, which leveled several charges, notably: joining a banned group founded against the law, the bombing of the headquarters of “Mobinil” and “Vodafone” companies at Matariyah area , possession of weapons and explosives, and killing the Colonel “Wael Tahoon ” in participation and assistance and agreement, and then ordered his detention pending investigations .
The student arbitrary arrest ,force disappearance and referral to a military trial all are flagrant violation of the laws and international conventions to which Egypt has signed and ratified, particularly as stated in Article 55 of the Egyptian Constitution and the current, which states that: “Every person who is either arrested, detained, or his freedom is restricted shall be treated in a manner that maintains his dignity. He/she may not be tortured, intimidated, coerced, or physically or morally harmed; and may not be seized or detained except in places designated for that purpose, which shall be adequate on human and health levels. The State shall cater for the needs of people with disability. Violating any of the aforementioned is a crime punished by Law. An accused has the right to remain silent. Every statement proved to be made by a detainee under any of the foregoing actions, or threat thereof, shall be disregarded and not be relied upon”
As well as article 54 which states: ” Personal freedom is a natural right, shall be protected and may not be infringed upon. Except for the case of being caught in flagrante delicto, it is not permissible to arrest, search, detain, or restrict the freedom of anyone in any way except by virtue of a reasoned judicial order that was required in the context of an investigation, every person whose freedom is restricted shall be immediately notified of the reasons therefore; shall be informed of his/her rights in writing; shall be immediately enabled to contact his/her relatives and lawyer; and shall be brought before the investigation authority within twenty four (24) hours as of the time of restricting his/her freedom.’
Furthermore, the student Referral to the Military Court came as a Violation of article 97 of the Egyptian constitution which states: ” Litigation is a right that is safeguarded and an inalienable right for all. The State shall guarantee the accessibility of judicature for litigants and rapid adjudication on cases. It is prohibited to immunize any administrative act or decision from judicial review. No person may be tried except before the ordinary judge. Exceptional courts are prohibited”
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