Thu, 24/01/2013
Al-Masry Al-Youm
"It is important to consider the story of Qursaya as the second anniversary of the revolution approaches. It’s a story of violence and imprisonment, of the powerful targeting the marginalized, of ruling interests trampling over the rule of law, and of an ongoing struggle against a state that regards its poorest citizens as a bothersome nuisance impeding plans for progress......
One of the biggest outrages of the new Constitution is that it
allows for cases like the Qursaya military trial to continue. An earlier draft
of the constitution contained language that strictly prohibited trying civilians
before military courts. Yet assembly members removed this language “after
military justice officials formally objected,” according to Human Rights
Watch.
Article 198 of the Constitution leaves intact the military’s
discretion to try civilians in military courts in a significant step backward
for human rights in Egypt. Previous constitutions did not mention military
trials of civilians, allowing lawyers to argue that the practice itself was
unconstitutional. Now, Article 198 makes referring civilians to military trial
constitutionally acceptable.
The Muslim Brotherhood’s capitulation is all the more troubling
given their long history of being among the primary victims of military trials
during the Hosni Mubarak era. In their ascent from a banned opposition group to
political power, an explanation can be found. Those with access to power are not
threatened by the most abusive practices of the state, like military trials. It
is society’s most marginalized who are always targeted, and the Brotherhood has
stepped forcefully out of the margins only to sacrifice those left behind.
A military court is scheduled to hand down a verdict on the
Qursaya detainees on 28 January, a date that marks the second anniversary of the
“Friday of Anger,” when hundreds of thousands of Egyptians took to the streets
in what was arguably the most decisive day yet in Egypt’s revolution. For the
people of Qursaya and those who share in their struggle, we need many more like
it."
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