Egypt: The anatomy of an unfair trial

Amal Alamuddin writes: Sentencing a political opponent to death after a show trial is no different to taking him out on the street and shooting him. In fact, it is worse because using the court system as a tool of state repression makes a mockery of the rule of law. Egypt’s constitution guarantees the right to be presumed innocent. And yet in a recent case, an Egyptian judge — after a “trial” lasting 100 minutes — sentenced 529 Muslim Brotherhood supporters to death. Egypt’s constitution also guarantees freedom of speech, yet many journalists languish behind bars.

Three journalists working for the Al Jazeera English news network — Canadian Mohamed Fahmy, Australian Peter Greste and Egyptian Baher Mohamed — are among them. Mr. Fahmy used to work for CNN and the New York Times. Mr. Greste worked for the BBC and had only been in Egypt for a few days before his arrest. I am Mr. Fahmy’s lawyer and have had contact with him in Egypt. I have studied the case file, read the reports of trial observers who were at each court session, and read the judgment that sentences the journalists to lengthy prison terms of seven years or more. It is clear beyond doubt that their trial was unfair, and their conviction a travesty of justice.

What does the Egyptian state, through its prosecutors and judges, charge? That these three men promoted and gave material support to the Muslim Brotherhood group that they are members of; and that they produced false news that harms Egypt’s reputation and its national security. The judgment convicts them on all counts and finds that “through their actions, [they] had compiled audiovisual film material and falsified untrue events to be broadcast by a satellite channel in order to stir conflict within the Egyptian State.” More specifically, the judges condemn them for betraying “the noble profession of journalism” by “portraying the Country — untruthfully — to be in a state of chaos … internal strife and disarray.” This sinister plot was apparently orchestrated “upon the instructions of the … terrorist Muslim Brotherhood Group” headquartered at a Marriott hotel suite off Tahrir Square.

The story is completely fabricated. [Continue reading…]

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