VZCZCXRO9127
RR RUEHBC RUEHDE RUEHKUK RUEHROV
DE RUEHEG #2808 2601002
ZNR UUUUU ZZH
R 171002Z SEP 07
FM AMEMBASSY CAIRO
TO RUEHC/SECSTATE WASHDC 6912
INFO RUEHXK/ARAB ISRAELI COLLECTIVE
RUEHEE/ARAB LEAGUE COLLECTIVE
UNCLAS CAIRO 002808
SIPDIS
SENSITIVE
SIPDIS
DEPARTMENT FOR NEA/ELA, NSC FOR SINGH AND WATERS
E.O. 12958: N/A
TAGS: PGOV PREL KISL KJUS EG
SUBJECT: ANOTHER EGYPTIAN COURT RULES AGAINST MILITARY
TRIBUNALS FOR THE MUSLIM BROTHERHOOD
REF: A. CAIRO 1361
B. CAIRO 2683
Sensitive but unclassified. Not for internet distribution.
1. (SBU) Following on three previous rulings by other courts,
another Egyptian civil court has ruled against the GOE's use
of military tribunals against the Muslim Brotherhood (MB).
On September 10, the Cairo Court of Summary Jurisdiction
reportedly rejected the Egyptian government's appeal of a May
8 court ruling that had overturned the February presidential
decree ordering 40 MB members to stand before a military
tribunal. The court's ruling upheld the Supreme
Administrative Court's May decision in favor of the MB's
position (ref A), and ruled that the 40 defendants should be
tried before a civilian court, rather than military
tribunals.
2. (SBU) The MB military tribunals began on April 26, and
have continued sporadically since then. The charges against
the 40 MB members (only 33 of whom are in custody; the other
seven are being tried in abstentia) reportedly include money
laundering and planning terrorist actions in support of the
MB. The MB members in custody include several senior members
of the group, including the MB's third highest-ranking
official, Second Deputy Supreme Guide Khairat Al Shatir. The
September 10 ruling was the fourth civil court decision
against the government regarding the MB military trials,
spurred by a flurry of lawsuits the MB has filed disputing
the legality of the presidential decree mandating military
tribunals. The other rulings were:
- On January 29, the Cairo Criminal Court dismissed all
charges against 16 of the defendants (including Khairat al
Shatir);
- On April 24, the North Cairo Felonies Court ruled that 11
of the defendants be released (including al Shatir);
- On May 8, the Supreme Administrative Court overturned the
presidential decree sending the MB members to military
trials, ruled that all the detainees be released immediately,
and be compensated for their time in detention.
3. (SBU) As of September 17, the MB detainees reportedly are
still in detention, and there is no expectation that they
will be released. The GOE will undoubtedly appeal the
September 10 ruling, and in the interim, the military
tribunals will continue.
RICCIARDONE