Ikhwanweb :: The Muslim Brotherhood Official English Website

Tue109 2018

Last update19:14 PM GMT

Back to Homepage
Font Size : 12 point 14 point 16 point 18 point
:: Issues > Reform Issues
 A Memo to the Prosecutor General Calling for El Shater’s Release
A Memo to the Prosecutor General Calling for El Shater’s Release
The defense panel of the 18 Muslim Brotherhood members (including MB third-in-command Khairat El Shater) who received prison sentences in the military case no 2 for the year 2007, submitted a memo Wednesday to the prosecutor general calling for their immediate release because their jail sentences have no legal grounds.
Thursday, May 15,2008 20:39
IkhwanWeb

The defense panel of the 18 Muslim Brotherhood members (including MB third-in-command Khairat El Shater) who received prison sentences in the military case no 2 for the year 2007, submitted a memo Wednesday to the prosecutor general calling for their immediate release because their jail sentences have no legal grounds.

After the detained MB members were arrested on February 2, 2006, they were acquitted by Southern Cairo Criminal Court, then immediately detained based on the Interior Minister’s decision. When they appealed the decision in front of Cairo Criminal Court, they obtained two consecutive court acquittals. It was at that point that the President Hosni Mubarak ordered them referred to a military tribunal while the prosecutor general issued a decree banning them, their wives, and underage children from using their property.

While that latest decision was being probed in a civil court, the defendants were tried before a military court, which made them file a litigation complaint in front of the Higher Constitutional Court.

According to article 31, law no 48 for the year 1979, the litigation complaint should result in stopping all court procedures until an arbitration is reached.

Although the constitutional court has not arbitrated this conflict yet, the military tribunal issued its ruling on April 15, 2008, sentencing the defendants who filed the complaint from three to seven years in jail.

The ruling was “null and void” according to the Higher Constitutional Court which decided “not to build on any decision whatsoever taken by any of the two conflicting courts.”

Accordingly, the jail sentence is considered a violation of the law and constitution. More importantly, it represents a crime punishable by article 127 of the penal code, “any person who punishes an accused with more than the sentence he received by the law, or a sentence he did not receive, should be punished by imprisonment.”

Abdul Monem Abdul Maqsud, the general coordinator of the defense panel, confirmed that the defendants will wait for a week until the prosecutor general takes a step to release them; otherwise, they will resort to judicial procedures.


Posted in Reform Issues , MB News , Human Rights , Military Tribunal , Prisoners of Conscience  
Add Comment Send to Friend Print
Related Articles
A Memo to the Prosecutor General Calling for El Shater’s Release
Zahraa El Shater Appeals for Justice
Ministry of Interior Impedes El Shater’s Medical Examinations
Egypt: Rights Groups Reject Military Court Rulings Against MB
MB Military Court Session Adjourned till Thursday, Al Shater Skips it again
Al-Shater’s health Prevents Him From Attending Monday’s Court Session
Khairat Al-Shater Skips MB Trial Session for Health Reasons
Military Court Drops Terrorism Charges against MB Leaders, Adds Others to Al Shater, Malek
Al Shater Cleared of Quran Translation Case, Sill Jailed Pending Military Case
Al-Shater’s 7-minute Military session Adjourned till Dec, 16th
Al-Shater Denies Censorship Charges, Considers Fake
Muslim Brotherhood Deputy Chairman Khayrat El Shater will make his first public appearance in 10 mon
Al Shater’s Military Trial Adjourned till Thursday
Al Shater’s Trial Session Adjourned till Next Tuesday, Wife to ICU
Al Shater’s Military Trial Adjourned till Thursday
27th Session of Al Shater’s Trial on Tuesday
Al Shater’s Trial Adjourned till next Tuesday
Al Shater’s Trial Adjourned to Next Monday
Int’l Observers Denied Access to MB Trial, Al Shater’s Health Deteriorates
Do not undermine moderate Islamists: The case of Muslim Brotherhood leader, Khayrat El-Shater
Thousands Khairat Al-Shater’s Ramadan Greeting Cards Confiscated
Al-shater military tribunal, next Sat
Al-Shater Responds to Media Reports About His Health
Al Shater’s Military Trial Adjourned to next Sunday
Ammar Qurabi to Thursday’s Al-Shater 10th Military Session
Al Shater’s Trial Adjourned to Next Tuesday
Grave Violations in Financial Report of Al-Shater’s Military Case
Al Shater’s Military Trial Adjourned Until next Sunday
Military Tribunal Resumes Amid Worries about Al Shater’s Health
Brotherhood military trial continues despite El Shater health concerns
Al-Shater’s Military Court Adjourned till next Wednesday
Poor Medical Care Takes Toll on El Shater’s Health
Al Shater’s Military Trial Adjourned Until next Tuesday
Al-Shater’s Military Trial Adjourned till Next Tuesday
AL Shater’s Trial postponed to 19 August
Legal, Illegal in Wealth of Khairat Al Shater, Ahmed Ezz
Second Time: Criminal Court Acquits Al Shater, 11 Others
Al Shater’s Defence: Ball Now In Mubarak’s Court
Al Shater Appeals to Palestinian Factions To End Violence
More Arrests Among MB Members, Al-Shater’s Health Deteriorates