Egypt Must End Military Trials for Civilians, Say Human Rights Groups Ahead of Fishermen Verdict

The fishermen, all in their twenties, are currently detained at the Ismailia Security Forces Camp, a facility not officially recognized as a detention center, under the supervision of the Ministry of Interior’s Central Security Forces.

Amnesty International and the Sinai Foundation for Human Rights (SFHR) have called on Egyptian authorities to halt the prosecution of civilians in military courts, emphasizing the case of five fishermen facing military trials for fishing in Lake Bardawil, North Sinai. A verdict is expected on February 12, 2025.

The five fishermen, arrested by military police units from Egypt’s Future Sustainable Development Agency (EFSDA) on January 6 and 7, 2025, are charged with fishing during “prohibited periods” and entering a military area without authorization. Lake Bardawil, a vital fishing site for approximately 3,500 fishermen, was placed under military jurisdiction in 2019 through Presidential Decree No. 294.

“It is a travesty that a group of fishermen have found themselves facing military trial for fishing in a lake without authorization. Trying civilians in military courts is a flagrant violation of Egypt’s international human rights obligations. Military authorities must immediately drop the charges against the five men and release them,” said Ahmed Salem, Executive Director of SFHR.

Sara Hashash, Deputy Regional Director for the Middle East and North Africa at Amnesty International, added, “Egypt’s military courts have a notorious history of handing down unjust convictions and sentences, including death sentences, following grossly unfair trials. The authorities must overhaul legislation to ensure that military courts have no jurisdiction over civilians in any case.”

Violations of Fair Trial Standards

Amnesty International and SFHR reviewed arrest reports, prosecution documents, and charge sheets, and interviewed a lawyer present at the hearings, two lake management officials, and relatives of the detainees. The trials have been marred by violations of fair trial guarantees. A lawyer attending the January 28 hearings reported that the court ignored defense requests to cross-examine prosecution witnesses. Furthermore, hearings on February 5 and 6 were held without the defendants' presence.

The fishermen, all in their twenties, are currently detained at the Ismailia Security Forces Camp, a facility not officially recognized as a detention center, under the supervision of the Ministry of Interior’s Central Security Forces.

Legal and Jurisdictional Overreach

The fishermen are charged under Law No. 146 of 2021 on the Protection and Development of Lakes and Fisheries, which allows the Lake Protection and Fish Wealth Development Authority (LPFWDA) to regulate fishing periods and zones. Violations are punishable by six months to two years in prison and/or fines ranging from 10,000 to 100,000 EGP.

However, in 2022, President Abdel Fattah al-Sisi established the EFSDA under Decree No. 591—a decree not made public—and assigned it various development projects, including Lake Bardawil. On October 31, 2024, the government announced the EFSDA’s plans for “economic development” of the lake, effectively transferring its oversight from the LPFWDA to a military-controlled body.

Expanding Military Jurisdiction

On January 28, 2024, the Egyptian parliament approved amendments to Law No. 25 of 1966 on the Military Code of Justice, broadening military court jurisdiction over civilians. The amendments, which were not publicly ratified, include crimes against “public and vital facilities” and “public properties.”

Additionally, on February 5, 2024, President al-Sisi ratified Law No. 3 of 2024, further extending military authority over civilian crimes. This law authorizes military involvement in protecting public services and prosecuting crimes that “undermine the basic needs of society,” such as food and essential commodities.

Human rights organizations argue that these legislative changes undermine civilian judicial independence and violate international human rights obligations. Military courts in Egypt are staffed by military personnel reporting to the Minister of Defence, lacking the impartiality and legal training necessary for fair trials.

Amnesty International and SFHR have urged Egyptian authorities to release the fishermen, ensure civilian trials meet international fair trial standards, and revoke legislative amendments that expand military jurisdiction over civilians.