324 Three Men Sentenced to Death for Taba Bombings

[updated Thursday evening, Cairo time]

A security court in Sinai today condemned Younes Mohammed Mahmoud, Osama al-Nakhlawi and Mohammed Jaez Sabbah to death on charges of terrorism, murder, illegal possession of weapons, and belonging to a terror group.

Khaled Ali, a lawyer from the Hisham Mubarak Center who monitored their trial, tells me the only evidence linking the men to the bombings were confessions the defendants said were extracted through torture. They were convicted by an exceptional court set up under the Emergency Law. Those convicted may not appeal their sentences. Only President Mubarak can order a retrial or change the verdict.

The defense tried to prove that the defendants had been tortured, but a delay in the prisoners’ transfer to a forensic doctor made that impossible. The doctor’s report did note bruising, scarring, and bone fractures (one prisoner had a broken arm), that could be consistent with torture.

The trial had other problems. State Security officers stood close by while lawyers spoke with their clients through the bars of the cage. After the Sharm al-Sheikh bombings, the government introduced 13 new defendants to the case midway through the trial, leaving the defense unsure of whether they were defending two prisoners (the third was convicted in absentia, as he was dead), or 15. After the Sharm al-Sheikh bombings, the court started working very quickly, and the defense was left to respond to two sets of documents and two sets of charges. According to Egyptian law, once a case is open, lawyers may petition the court to add new evidence. In the case of this trial, the prosecution added documents to the trial without formally filing a motion to do so.

Osama al-Nakhlawi, an electronics repairman, was convicted of illegal possession of a firearm. When it was discovered that the serial number of the gun entered as evidence did not match the serial number in the police report, the prosecution simply corrected the police report, which had already been entered as evidence. At this point, the defense complained to the court that the prosecution was tampering with evidence. The judge dismissed their concerns. The prosecution also produced bomb-making experts to say that the electronics found in al-Nakhlawi’s home could be used to make a bomb. But, Ali points out, all electronics repairmen have equipment that could be used to make a bomb.

Mubarak has 60 days to confirm the sentence or pardon the defendants. Especially considering the gravity of the crimes and the sentences, as well as the possibility that the guilty might still be at large, Mubarak should show that he is strong and just: strong in his committment to justice. He should order a fair trial for Osama al-Nakhlawi and Mohammed Jaez Sabbah.

[update, Friday afternoon, Cairo time: Check out Nasser Nouri’s photos from the trial at Hossam‘s Flickr account]

[tags]Taba, Egypt[/tags]

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  1. […] UPDATE: Elijah blogs about the Kangaroo court… […]

    Pingback by Emergency State Security court confirms death sentence for 3 Taba bombings defendants at 3arabawy — December 1, 2006 #

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