So with all this presidential election business, in reality the past 24 hours or so seem to have been quite good for SCAF:
Plus via constitutional deceleration:
- SCAF appointed the president's chief staff including chief of staff (رئيسًا لديوان رئاسة الجمهورية)
- They decided that the "'new president is a transitional one, for few months only'"
- Authorization of military to arrest civilians (emergency law back again yaani, they put it to good use pretty quick, see #7 in list below... was a good two weeks though guys!)
- Formation of National Defense Council with, as of yet, unstated duties
- Full legislative powers until new parliament elected
- Right to create a constituent assembly if elected one fails to complete its work,
- Head of SCAF acts as commander in chief
- Veto power on president's ability to declare war
- Full control of army budget,
- Responsibility for appointment of commanders and extension of their tenure (i.e. they can give themselves contract extensions)
- If internal unrest occurs they have ability to veto presidential request to "maintain security and defend public properties"... Somewhat comically they go on to state that "current Egyptian law stipulates the powers of the armed forces and its authorities in cases where the military can use force, arrest or detain." (current in that they just allowed it for themselves a week ago)
- Ability to veto text within constitution that contradicts the "goals of the revolution and its basic principles" or "the principles mentioned in previous Egyptian constitutions" (nice side note to this also, keep in mind previous rulings of the HCC: "Should the constituent assembly object to revising the contentious article, the article will be referred to the High Constitutional Court (HCC) which will then be obliged to give its verdict within seven days. The HCC's decision is final and will be published in the official gazette within three days from the date of issuance.")
Please let me know if I missed anything... (If interested, all SCAF related blog posts can be found here and SCAF's dedicated page can be found here) Wi Allaho Al Mowafaq Al Mosta3an
The addition brings the current number of active SCAF members to TWENTY-THREE (23)
The addition is General Adel Morsy - actually a very important SCAF member as he is the " head of the judicial military authority". A full list of SCAF members - current and former - can be found at (http://www.ducoht.org/scaf.html) Military Justice under SCAF: Overview and Links
Cases of children known to have faced investigation, prosecution, or sentencing before military courts (link)
- In a September 5 news conference Gen. Adel Morsy of the ruling Supreme Council of the Armed Forces (SCAF) said that between January 28 and August 29, military tribunals tried 11,879 civilians. The tribunals convicted 8,071, including 1,836 suspended sentences; a further 1,225 convictions are awaiting ratification by the military. (link)
- Military courts have acquitted only 795 of the nearly 12,000 cases they have tried, a conviction rate of 93 percent, Human Rights Watch said. . (link)
- Those sentenced included a 16-year-old child, Islam Harby Raga, currently in Tora prison serving a seven-year sentence after a military trial in February in which he was convicted on charges of assaulting a public official. (link)
- According to a statement by General Adel Morsy, head of the military court, around November 2011 - 18 people have been sentenced to death so far. (link)
- On 1 April, the SCAF announced that it would permit the death penalty for convicted rapists if the victim was under 18. The law would apply to minors under 18 as well. Both Egyptian and international law prohibit the death penalty for minors. (link)
- This was applied to a minor (under 18), along with three other individuals, for the rape of a 17-year old girl. The minor was Ahmed Marous Ibrahim, the other three individuals were: Tarek Ragheb, 33, Karim Dahrouj Ahmed el-Sawy, 28, and Mahmoud Ramadan Abdul Hussein, 21 (link)
- Around January 25, 2012 the military announced the release of 1,955 prisoners tried under military court. (link) However, they gave no indication to how many remained in prison through military court convictions.
Egypt’s military courts have investigated or tried at least 43 children over the past year, Human Rights Watch said in March 2012,including the pending trial of 16-year-old Ahmed Hamdy Abdel Aziz in connection with the Port Said football riots
A blog post documenting sourcing behind the other 22 member names can be found hereSee full list of current and former SCAF members HERE (http://www.ducoht.org/scaf.html)
- Islam Harby, 15, arrested on March 23, 2011, and sentenced to seven years, currently detained in Tora maximum-security prison.
- Mohammed Ehab Sayyed Morsi, 17, arrested on March 9, 2011, and sentenced to 15 years, currently detained in Tora maximum-security prison. (Interview with his mother and detailed discussion of his case can be found here)
- Mohammed Abdul Hadi, 16, arrested on March 9, 2011, and sentenced to three years, released on May 21, 2011, after a two-month campaign along with the rest of the group of 122 protesters.
- Mustafa Gamal Edin, 15, arrested on March 9, 2011, sentenced to one year, released after three weeks detention. According to lawyers involved with his case, he was arrested along with 15 other children, whom military courts sentenced to one year in a social welfare institution. The decision was subsequently commuted and the group was released on April 8, 2011.
- Ahmed Hassan Mohamed, 17, arrested in March 2011, sentenced and released in January 2012.
- Nine children arrested on May 15, 2011, investigated by military prosecution, released after approximately one month, according to lawyers involved in the case.
- Mohamed Mahmoud El Khodary Sherif, 17, arrested on July 29, 2011, from Arish, held for 15 days in military investigative detention, then cleared of charges and released.
- Nine children arrested September 9-10, 2011, during protests outside the Israeli embassy, tried and sentenced by a military court to suspended sentences. They were released on November 1, 2011, according to lawyers handling their cases.
- Saif Sadek, a 15-year-old boy, arrested September 30, 2011, during a demonstration at the Ministry of Defense, acquitted and released on November 13, 2011.
- Three children arrested during Maspero demonstrations, on October 9, 2011, investigated by the military prosecutor and released on November 23, 2011, according to their lawyers.
Maybe I am missing something, but I do not see how the election law can be considered unconstitutional when the constitution clearly stated that the law will determine the electoral system. (and is remiscient of the judiciary's push - which was reinfoced today - to allow Shafiq to run, see here) The decision to dissolve parliament by the court was said to be because "the law governing the parliamentary elections was ruled unconstitutional by a lower court because it breached the principle of equality when it allowed party members to contest a third of seats set aside for independents." This was upheld by the Supreme Constitutional Court.
- However, Article 38 of the constitutional deceleration from March specially states:
ينظم القانون حق الترشيح لمجلسى الشعب والشورى وفقا لأى نظام انتخابى يحدده . ويجوز أن يتضمن حدا أدنى لمشاركة المرأة فى المجلسين (AR: http://ow.ly/bAcDC)
"The law (according to ANY electoral provisions/system) determines the conditions that must be met for members of the People's Assembly and Shoura Councils - but it must ensure that females can run in both upper and lower house elections"
- Initially in September an electoral law was passed that reserved one-third of the seats in parliament to be elected as independents, with candidates affiliated with parties banned from contesting them.
- However, that was amended in October after SCAF agreed, in a document signed by the participating parties, to alter the law and allow members of political parties to run for the seats to be filled on a first-past-the-post basis. The deceleration stated:
"Approval for amending the fifth article of the parliamentary elections law to match the views of the political forces to allow single-seat nominations for political parties candidates." (http://ow.ly/bAd8w)
The only stipulation of equality in the constitution was that women would be allowed to run (one could assume this extended to religions too). How allowing certain people to run (i.e. not barring party candidates) is claimed as inequality is beyond me! I would have understood more if the ruling was that the 2/3 of parliament seats that were designated for party candidates barred non-party candidates from running which could potentially be seen as inequality for non-party members.The only possible explanation I can imagine is if they say that the only equal electoral law is to have the seats 50/50 split between party and individual based but they should have made that clear if that was the case and not waste all of our time and the state's money in running these elections - rather, ensuring that the law was amended at the time and "equal" elections were run.
The Supreme Constitutional Court is the highest judicial power in Egypt and, it alone undertakes the judicial control in respect of the constitutionality of the laws and regulations and shall undertake interpretation of legislative texts. I cannot fathom how they interpreted this one.Finally, Clause 30 in the constitution states:"يؤدى الرئيس أمام مجلس الشعب قبل أن يباشر مهام منصبه اليمين""The president will take the following oath before the People's Assembly before assuming his position"We will see how keen the judiciary is in upholding the constitution rather than abusing it for the benefit of the powers that be.