Q&A: The trial of ousted Egyptian president Morsi

Mohammed Morsi
Mohammed Morsi

Another former president of Egypt is going on trial. Mohammed Morsi, the Islamist leader who became the country’s first freely elected president only to be ousted by the military after a year in office, faces charges he incited his followers to kill protesters.

The trial is a new landmark in Egypt’s 2 ½ years of turmoil since autocrat Hosni Mubarak was toppled. Morsi’s supporters have been protesting since he was removed on July 3. Hundreds have been killed in clashes, and authorities have arrested more than 2,000 members from his Muslim Brotherhood. Officials, the media and a broad swath of the public contend the Brotherhood have proven themselves a threat to the country, while the group says the military is crushing democracy.

Here is a look at the case against Morsi and 14 Brotherhood members on trial with him – and the politics around the case.

Q: What are the charges based on?

A: The charges are rooted in violence that erupted during one of the first major protests against Morsi during his year in office. On Dec. 4, some 100,000 people protested outside the presidential palace against Morsi’s decree granting himself sweeping immunity from judicial oversight. The decree allowed his Islamist allies to push a disputed draft of the constitution toward adoption without court challenge.

The protesters demanded he call off a referendum on the draft scheduled days later. Some scuffled with police outside the palace gates. Morsi left the palace from a backdoor, and his convoy was heckled. He later said one of his drivers was injured. A few thousand protesters set up a camp outside the palace while the Muslim Brotherhood called for a “general mobilization” of members.

The next day, Islamists attacked the camp, tearing up tents and beating protesters. Videos at the time showed them marching in military-style lines and chanting, “God is great” and “Morsi’s men are everywhere.”

More anti-Morsi protesters streamed to the scene, and street battles lasted into the early hours of the next day, each side throwing stones and firebombs.

Amid the melee, Brotherhood members abducted protesters and held them in a makeshift room at the palace gates, beating them to confess they were paid thugs, according to later statements by those who were held. The next day, they handed the detainees to the police. A prosecutor later freed them, saying there was no evidence against them but that his Morsi-appointed boss had pressured him to implicate them.

At least 10 people were killed in the battle. One was a journalist who wrote articles critical of Morsi. The Brotherhood claimed all the dead were its members, but the families later said the group pressured them to say their slain relatives belonged to the Brotherhood.

A: Isn’t this just a political show trial?

Q: That’s complicated. Human rights lawyers say on the face of it, this is possibly the strongest case against Morsi. Laywers tried to raise a case against Morsi over the Dec. 5 violence soon after it happened, giving some credibility to arguments it is not purely based on post-coup vengeance. (Under the Morsi-appointed chief prosecutor and justice minister at the time, the attempt went nowhere.)

However, this trial comes as part of the wide crackdown against the Muslim Brotherhood aimed at crushing it as a political force as the new military-backed government moves ahead with its own transition plan.

The Brotherhood says the charges are baseless and the planned trial a sham, aimed at giving legal cover to the coup.

There are concerns over how fair the trial will be. Morsi has been held in secret military detention undergoing questioning since his ouster, virtually incommunicado except for two calls with his family and visits by the EU foreign policy chief and an African Union delegation. He has not spoken to his legal team, which says it hasn’t been given documentation on the prosecution’s case.

Another issue reflecting the politics: Trials are selective. No one is prosecuting the military or police over deaths of protesters. Human rights lawyers say officials in office are almost never held to account.

Q: What is the evidence against Morsi?

A: The prosecution’s case has not been made public. Morsi at the time accused the protesters of starting the violence.

In parts of the investigation leaked to the Egyptian press, the head of the police force at the time said he refused to use force to break up the unarmed protesters outside the palace, so Morsi called out his supporters to do so. According to the press reports, the head of the Republican Guards – which protect the palace – said Morsi gave him a one-hour ultimatum to forcefully break up the sit-in. The Guards chief said he asked for more time to disperse it peacefully, and one of Morsi’s aides told him “our men” will take care of it.

At the height of the fighting, leading Brotherhood member Essam el-Erian went on the group’s TV station and called for Morsi supporters to go to the scene “in the tens of thousands to besiege those thugs because now is the moment to arrest them.” El-Erian is now a co-defendant in Morsi’s trial, though he is currently on the run and in hiding, so would be tried in absentia unless caught.

At the time, the organized nature of the attack on the camp fueled accusations by opponents that the Brotherhood runs “militias” to crack down on opponents, a claim the group denies.

Q: Any other trials coming up?

A: The Brotherhood’s top leader, Mohammed Badie, and several other members are already on trial on incitement charges over a separate incident of violence. Prosecutors are preparing cases against some 2,000 Brotherhood members currently in prison, including on allegations of including inciting violence in clashes outside the Brotherhood headquarters in Cairo and holding and torturing policemen during a pro-Morsi sit-in.

Morsi could also face more trials. He is being investigated on charges of insulting judges when, during a presidential speech, he accused specific judges of helping rig elections under Mubarak. Another case concerns allegations he colluded with Hamas to carry out attacks on prisons that broke free Morsi and other Brotherhood leaders during the 2011 anti-Mubarak uprising.

Q: Speaking of Mubarak, he’s still on trial?

A: Yes. In June 2012, he was convicted and sentenced to life in prison for failing to stop the killings of the around 900 protesters who died in 2011 uprising But an appeals court overturned the conviction, saying the prosecution failed to provide concrete evidence. Mubarak’s retrial began last spring. – AP

Egypt’s Mubarak leaves jail for house arrest

Hosni Mubarak
Hosni Mubarak

Egypt’s toppled dictator Hosni Mubarak was transferred from prison to house arrest at a military hospital on Thursday, in a move overshadowed by a blistering crackdown against his Islamist successors.

The former strongman, forced to quit in early 2011, was flown by medical helicopter to a military hospital, where he will remain under house arrest as he stands trial on corruption and murder charges.

His ouster in 2011 was a pivotal moment in regional democratic upheavals that in Egypt led to an Islamist government, which lasted a year before a popularly backed military coup last month.

In other circumstances, the 85-year-old’s removal from prison might have caused shockwaves.

But with Egypt mired in a deadly conflict between the military-installed government and Islamists, Mubarak’s transfer took place amid little fanfare or protest.

He was ordered released after his lawyer argued Mubarak’s stay in prison had exceeded the maximum pre-verdict detention, and Mubarak made financial amends for one of his charges.

He still faces trial for corruption and his role in the deaths of protesters during the uprising that toppled him, with his next hearing on Sunday.

Prime Minister Hazem al-Beblawi, empowered with the authority to order arrests under the current state of emergency, ordered Mubarak to be placed under house arrest after release from jail.

Mubarak chose to be held at the military hospital, the official MENA news agency reported.

The decision to grant Mubarak pre-trial release added a volatile new element to the political turmoil that has gripped Egypt since the army ousted Islamist president Mohamed Morsi on July 3 following massive protests against him.

More than 1,000 people have been killed in the past week in violence following the forcible break-up of two pro-Morsi camps in the capital.

Authorities have arrested dozens of members of Morsi’s Muslim Brotherhood, including its supreme guide Mohamed Badie — the first time the group’s chief has been arrested since 1981.

Morsi himself is being held at a secret location and faces charges related to his 2011 escape from prison and inciting the death and torture of protesters.

The juxtaposition between the fates of the two ousted presidents, Mubarak and Morsi, is notable, analyst Hisham Kassem said.

Mubarak “committed numerous crimes… against the country, but managed to hide the evidence, particularly as all the state’s institutions were working for him at the time he was overthrown”.

“The opposite is true for Morsi, who was thrown in prison while all the state’s apparatus were against him.”

Arrests of Brotherhood leaders continued, with authorities detaining Ahmed Aref, a spokesman for the group, in Cairo.

Despite the pressure, a Brotherhood-led coalition has defiantly called for mass rallies on Friday, in a test of its support following the crackdown.

Egypt has experienced unprecedented political bloodletting since August 14, when security forces stormed two pro-Morsi protest camps in the capital.

The crackdown and resulting violence across the country killed nearly 600 people in a single day, the bloodiest in Egypt’s recent history.

Islamists have been accused of torching and attacking dozens of Christian churches, schools, businesses and homes — mostly in the rural south –accusing Egypt’s sizable Coptic minority of backing Morsi’s ouster.

On Thursday, Human Rights Watch condemned the government for failing to protect churches, but also the Brotherhood for failing to halt incitement against Christians.

Violence has also targeted police and soldiers, including two who were killed in a drive-by shooting near the Suez Canal town of Ismailia on Thursday.

The unrest has prompted international criticism, and EU foreign ministers agreed at an emergency meeting Wednesday to suspend the sale of arms and security equipment to Cairo in response to the mounting violence.

They issued a statement calling recent security operations “disproportionate”, while also condemning “acts of terrorism” in the Sinai and the church attacks.

But they expressed concern over the economic situation and said “assistance in the socio-economic sector and to civil society will continue”.

The United States has also criticised the violence, as well as Badie’s arrest, and announced the cancellation of joint military exercises.

But it has stopped short of halting its $1.3 billion annual defence aid package to Egypt, and denied reports it was withholding aid.

Washington on Thursday also sidestepped questions about Mubarak’s release, saying it was a matter for Cairo to decide, but called for Morsi to be freed.

“With respect to the Mubarak trial and decisions made, this is an internal Egyptian legal matter,” said State Department spokeswoman Jen Psaki.

“Our position on Mr. Morsi remains the same. We believe there should be a process for his release,” Psaki said.

Reporters had for days asked the State Department to comment on the seemingly paradoxical situation of the two leaders.

Oil-rich Saudi Arabia, which backs the army-installed interim government, has said it would step in with other Arab nations to fill any funding gap if Washington halts aid.

Meanwhile, a Hamas official said Egypt was set to reopen the Rafah border crossing with the Gaza Strip daily from Saturday after closing it in the wake of last week’s bloodshed. – AFP

Hundreds in Cape Town march against coup in Egypt

egyptmorsisitHundreds of people, who have marched on Parliament in Cape Town to protest against the ousting of Egyptian President, Mohamed Morsi, have dispersed after handing over a memorandum to a member of the Committee for International Relations.

The protesters marched to parliament in Cape Town today condemning what they called “illegitimate military rulers who are trying to silence the voices of peaceful protesters in Egypt”.

Some Capetonians who were present at a demonstration organised by the Muslim Judicial Council support the council’s view that Morsi’s ousting undermines democracy.

Secretary General of the MJC, Abdul-Khaliq Ebrahim Allie has described the events taking place in Egypt as “unacceptable.”

“We are speaking as fellow South Africans who have enjoyed democracy, South Africans that have seen apartheid. What we see and witness in Egypt today is unacceptable. And as fellow South Africans, we are saying to the Egyptians that we stand with the masses who have elected the first democratically elected government. This we regard as a military coup.”

Some said the MJC did not speak on behalf of Egyptians.

“I’m an Egyptian citizen living in South Africa. I really love and appreciate the freedom in this country. They have changed the Constitution in Egypt. They want us to go backwards again. They don’t want us to be a prosperous country. Besides the fact that I’m an Egyptian, this violates everything to do with Human Rights, and we are here to show our support for the Muslim brothers and sisters who are being killed in Egypt for the mere fact that they stood up against oppression and injustice.”

Meanwhile, an Egyptian court has ordered the release of former President Hosni Mubarak. Security sources say he will leave prison later in the day as there are no longer any legal grounds for his detention.

85-year old Mubarak was being retried on charges of ordering the killing of protesters during the 2011 uprising that led to his downfall. Mubarak was sentenced to life in prison last year for failing to prevent the killing of demonstrators.

Egypt arrests Brotherhood’s spiritual leader

Mohammed Badie of the Muslim Brotherhood
Mohammed Badie of the Muslim Brotherhood

Egypt’s military-backed rulers are pressing on in their crackdown against the Muslim Brotherhood with the arrest early Tuesday of the group’s spiritual leader who had been in hiding near the huge sit-in in support of the country’s ousted Islamist president, which security forces violently dispersed a week ago, leaving hundreds dead.

The arrest of Mohammed Badie – the supreme leader of the Brotherhood, the Islamist group from which ousted president Mohammed Morsi hails -followed a chaotic day of bloodshed that saw 25 policemen killed in a militant ambush in Sinai and a court ruling announcing the possibility that the jailed ex-president Hosni Mubarak could walk free later this week.

Mubarak’s release could fuel the unrest roiling the country after Morsi, Egypt’s first democratically elected president and the autocratic Mubarak’s successor, was removed in a military coup on July 3.

Underscoring the growing anger over Morsi’s ouster, suspected Islamic militants on Monday ambushed two minibuses carrying off-duty policemen in Egypt’s Sinai Peninsula, forcing the men to lie on the sand and shooting 25 of them dead.

The brazen daylight attack raised fears that the strategic desert region bordering Israel and the Gaza Strip could be plunged into a full-fledged insurgency.

Badie was captured early Tuesday in an apartment in the eastern Cairo district of Nasr City, according to security officials and state television, very close to where Morsi’s supporters held a six-week sit-in protest that was cleared by security forces last Wednesday.

The private ONTV network showed footage of a man the network said was Badie after his arrest. In the footage, a somber looking Badie in an off-white Arab robe, or galabiyah, sits motionless on a sofa as a man in civilian clothes and carrying an assault rifle stands nearby.

Badie and his powerful deputy Khairat el-Shater, who is in custody, go on trial later this month for their alleged role in the killing of eight protesters outside the Brotherhood’s Cairo headquarters in June. His arrest is a serious blow to the group at a time when authorities are cracking down on its leaders and mid-ranking officials, detaining scores of them across the country.

The officials spoke on condition of anonymity because they were not authorized to speak to the media.

Late Monday, the 25 slain police officers were given a funeral with full military honors. The men’s coffins, draped in red, white and black Egyptian flags, were jointly carried by army soldiers and policemen, and Egypt’s interim President Adly Mansour declared a nationwide state of mourning to mark their deaths.

Mubarak, 85, has been in detention since April 2011, two months after he was ousted in a revolution against his rule.

He was found guilty and sentenced to life in prison last year for failing to stop the killing of some 900 protesters in the 18-day uprising. His sentence was overturned on appeal and he is now being retried, along with his security chief and six top police commanders.

Two judicial officials said Mubarak could walk free this week or next after a criminal court on Monday ordered his release in a corruption case in which he and his two sons were accused of embezzling funds for the maintenance of presidential palaces. His sons were ordered kept in custody.

Monday’s ruling, along with the fact that Mubarak had previously been ordered released in the killings of the protesters opened the possibility of freedom for the former president, the officials said, speaking on condition of anonymity because they were not authorized to speak to the media.

There will no longer be any grounds to hold him if a court accepts a petition by his lawyer requesting his release in a third case later this week or next.

But freeing Mubarak, widely hated for widespread abuses and repression during his 29 years in power, during one of the worst bouts of turmoil since his ouster would be a huge risk for the military-backed government.

It could lend credibility to allegations that the mass protests that preceded the July 3 coup that toppled Morsi were the work of Mubarak-era figures searching for a way to reinstate the former regime.

Last week, the military raided two protest camps of Morsi’s supporters in Cairo, killing hundreds of people and triggering a wave of violence that has left at least 1,000 people dead.

Human Rights Watch, in a report Monday, accused Egyptian security forces of using excessive force when they moved to clear the larger of the two camps. The New York-based group said the assault amounted to the “most serious incident of mass unlawful killings in modern Egyptian history.”

It called on authorities to reverse a recent decision authorizing the use of deadly force by security forces when they come under attack or when key government facilities are assaulted.

The Sinai Peninsula has long been wracked by violence by al-Qaida-linked fighters, some who consider Morsi’s Brotherhood to be too moderate, and tribesmen who have used the area for smuggling and other criminal activity. Attacks, especially those targeting security forces, have been on the rise since Morsi’s ouster.

Monday’s attack targeting the police officers took place near the border town of Rafah in northern Sinai. A few hours later, militants shot to death a senior police officer as he stood guard outside a bank in el-Arish, another city in the largely lawless area, security officials said.

There was no immediate claim of responsibility for either attack. The United States condemned the slaying of the police officers and repeated its commitment to help Egypt combat terrorism in Sinai. U.N. Secretary-General Ban Ki-moon also denounced the attack.

The Sinai attack came a day after security forces killed 36 detainees during a riot on a prison-bound truck convoy north of Cairo. The killings came as police fired tear gas to free a guard who was trapped in the melee, security officials said.

The government ordered an inquiry into the deaths, which it blamed on armed men allegedly trying to help the 600 Muslim Brotherhood detainees escape. It gave no details.

The Brotherhood blamed military chief, Gen. Abdel-Fattah el-Sissi, and the interior minister for Sunday’s killings. The group also called for an international inquiry into the deaths.

The United States said it was troubled by the “suspicious deaths” of the prisoners.

“We call on all Egypt’s leaders and the international community to condemn such attacks without equivocation,” said Psaki, the State Department spokeswoman.

Amnesty International demanded a “full, impartial and effective” probe into the events.

Morsi has been held in an undisclosed location since his ouster. On Monday, prosecutors ordered his detention for 15 days in connection with allegations that he conspired to kill and torture protesters during mass demonstrations by the opposition outside his presidential palace in December 2012. – AP

Egyptians celebrate Morsi’s ouster

Egyptians protesting on 30 June against Mohamed Morsi
Egyptians protesting on 30 June against Mohammed Morsi

The general’s voice boomed from loudspeakers set up in Cairo’s central Tahrir Square and the boisterous crowds erupted into cheers, dancing and waving a sea of red, black and white Egyptian flags.

Fireworks burst in the sky and green lasers waved overhead as millions of Egyptians celebrated the military’s announcement that it was ousting Islamist Mohammed Morsi after four days of mass protests demanding his removal.

“The people finally overthrew the regime,” hundreds of thousands chanted, rocking the plaza in scenes reminiscent of the protests that toppled autocratic leader Hosni Mubarak.

But highlighting the deep divisions that remain, supporters of the Islamist leader cried “Down with military rule” after army chief Gen. Abdel-Fattah el-Sissi finished his statement. Scores of Morsi backers also went on a rampage in southern Egypt, breaking shop facades in the southern city of Assiut, smashing a police car in Aswan, and attempting to break into a police station in the coastal city of Marsa Matrouh, leaving six people killed.

But in most of the Egyptian capital, el-Sissi was seen as a savior and the military was hailed by the public for answering their calls to remove Morsi, just over a year after his June 30 inauguration. Some people fired guns into the air to celebrate, and subway riders broke into cheers of “the people and the army are one hand.”

It also came after hours of waiting for the military to make its move as Morsi defiantly refused to step down despite the expiration of a Wednesday afternoon deadline to reach agreement with his opponents. Morsi was Egypt’s first democratically elected leader but he drew the ire of many Egyptians who accused him and his Muslim Brotherhood of polarizing the country by trying to impose Islamist rule and failing to introduce reforms.

“It was a nightmare and it ended,” said Mona el-Desouki, 38, waving an Egyptian flag as she stood in front of the famed Egyptian museum on the edge of Tahrir. “Life came back to us. Egypt is ours again. Our life will become as it was, with no difference between Muslims and Christians.”

Chants of “Misr” or “Egypt” also rang through the square. Signaling the high hopes that the country could return to a sense of normalcy, security officials removed some of the concrete barricades that have blocked several streets in the area because of the frequent clashes between protesters and police.

The military has long been seen as protectors of the people, although the generals were accused of holding onto power for too long after Mubarak’s ouster.

Protesters carried el-Sissi’s picture, and others climbed onto armored vehicles to take photographs with the soldiers. Residents of a house near one military post offered the soldiers tea and food, counting on them for protection from the wrath of Morsi’s supporters.

“When I saw these military trucks in front of our house, I felt safe because I know the Brotherhood and their supporters will not just leave that easily,” said one of the residents, 75-year-old Mervat Talaat.

People drove around Cairo, honking car horns as children waved Egyptian flags from the windows. Outside the presidential palace across town from Tahrir, people cried and hugged as cheers drowned out the rest of el-Sissi’s speech.

In the ancient city of Luxor, boats docked in the Nile River also sounded their horns as crowds marched by in celebration. People shot off fireworks in the city, which has suffered from a drastic drop in tourism due to the turmoil that has wracked Egypt since Mubarak’s ouster. Others handed out gifts and cartons of cigarettes to bystanders.

Ahmed Gad, 23, said it was the happiest moment of his life.

“In 2011 we won a political battle. This time we won a political and a religious battle because the Brotherhood kept accusing us of being heretics and used religion and acted as if they had the real Islam,” he said.

Mohammed Nageh, 25, said he had voted for Morsi but felt the Islamist leader had acted in the interest of himself and the Muslim Brotherhood and failing the rest of Egypt.

“I voted for him because I didn’t want the old regime back in,” he said as he danced and removed his shirt. “But this revolution was made for poor and they are the people who suffered the most. We are here to put the revolution back on track, so it serves the poor, not just the Brotherhood.” – AP