Sunday, June 12, 2011

The Military Judicature... An Execution Battalion


* The first time I described the Military Judicature as an execution battalion was on March, 2010, at the time of the trial of the blogger Ahmed Mostafa, charged with the same charge of mine, “publishing false information intending to offend the reputation of the military establishment”... I described it as such based on noticing that since July 1952 coup d’état and till Ahmed Mostafa trial, we haven’t heard of someone militarily tried and was ruled to be “not-guilty”. The “not-guilty” isn’t of the included options available to the Military Judicature... I described it as an execution battalion and not an inquisition, because the inquisition inspects your life to find something to punish you on, while the execution battalion doesn’t need to search for a reason for punishment, it is capable of making-up for you the evidence and all the procedures end for the sake of carrying out its sacred mission, “filtrating enemies”.
* The judge who judged me, or more precisely, “who pronounced the judgment against me” considering that the judgment was issued of higher authorities... With that judge, during the discussion regarding the details of my case, we were subjected to the story of the girls who were arrested at Tahrir, then they were subjected to a compulsory virginity check in the military prison... That Military Judicature said that the girls told him that the military prison really did that, then the judge continued saying that he pitied on them so he ruled for a suspended one year sentence for each one of them! Pity and mercy in the custom of the military judge isn’t the “not-guilty” ruling and not transferring the military prison administration to trial, but admonishing the victims and insulting them. No wonder about that, because that’s the natural role of the Military Judicature as an execution battalion.
* I had sent complaints to the Military Prosecutor, twice, because of violations of individuals of the armed forces against me... The first one was on November, 2010, after I was kidnapped by the hands of the military police from my home and insulted in front of my neighbors, the second was because of arresting me on the 4th of February and assaulting me by hitting and sexually harassing me by the hands of the military police and the Intelligence... In both cases, the Military Prosecution didn’t call for me to open an investigation regarding the complaints, but the first letter (regarding the incident of November, 2010) was sent back to me, although it was received and with the military post stamps... But, what’s tearfully laughable is that I sent the second complaint against the Intelligence on the 22nd of February, 2011, so it reached the Military Prosecutor 3 days later, on the 25th of February, 2011. Instead of the Military Prosecutor ordering for an investigation with Intelligence Military Officers regarding my accusation of them, he issued on the same day (25th of February, 2011) a Prosecution permission for the Intelligence to monitor my blog preparing for my trial.
* My trial included also many scandalous things... As an example, I was investigated by a Military Prosecution then by a Military Judge, both of them can’t speak English and don’t have any knowledge about the internet. They are required to judge in an electronic publishing case... Undoubtedly, a futile epic, as to mention, the judge confused the internet with Facebook and he didn’t realize the difference between both... Salutations to justice!
* Also, the trial was fast, journalists and media professionals were banned from attending the hearing sessions, many lawyers were banned from entering the military court, my defense wasn’t allowed to copy the case file except before the pleading by 48 hours, later I discovered that they were given a summarized version of the investigations (2 pages) while my investigations before the Military Prosecutor were in about 20 pages... So, how could the defense plead in a case they don’t know its details? Isn’t that a violation of my right to defend myself and my right to a fair trial?
* The Military Prosecution Investigator (or more precisely, the Military Prosecutor) was discussing with me subjects he doesn’t have the right to discuss in an official investigation; such as, he was investigating with me in my stance regarding the constitutional amendments committee headed by Tarek El-Beshri, as well as, if I had refused these amendments (is refusing the amendments a crime?), also, if the Israelis loved me (is it a crime to be loved by foreign people?), also, about my relationship with my father and family, in addition to my religious belief and if I were a Christian or irreligious. I have a long series of subjects which made me feel that I’m in an inquisition and not in an official investigation in a state of law.
    The investigator himself had several ready-made charges against me. He showed me a document indicating that I swear-worded [the Field Marshal] Tantawi, but he told me that he won’t include that point with the charges... Then, he told me that investigations of the Military Intelligence confirms that I’m irreligious and that being irreligious is something that leads to a disorder in the society which violates the law and requires the investigation but he also won’t add that charge to my case file... Just imagine how was my feeling when I saw the Military Prosecution owning several ready-made charges against me and it chooses for me in accordance with the liking and the instructions!
* The judge, who pronounced the judgment against me, refused to allow me to get witnesses to support me in my case... The army accused me of promoting rumors, but when I requested eyewitnesses confirming that these published news are events which really happened and not rumors, the judge refused to allow me to get those witnesses to prove I’m not-guilty... Moreover, he allowed one witness in my case who is the officer in charge of my file in the Military Intelligence and he was also the one to make my case file, but the judge called for him as a technical expert, while the rules of logic and justice says that the technical expert must be a neutral party, not my enemy who made the case against me.
* My case included tens of other scandals which take longer talk than I can do here, in which I would reveal whenever I’d be able to... But, in the end, I want to tell my readers that throughout the period of the trial, I was smiling, enjoying the theatrical play being played in front of me; because I realize that I’m not in a trial from the first place and that the judge had been already issued on me. I enjoyed following the supernumerary actors while performing their roles and I know that the true stars of the play are sitting in their offices at Obba Bridge (Kobri El-Obba).
                                                    Marg General prison – Qalyubia
                                                    30/5/2011
                                                    Experimental Ward - 18th cell

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