Politics on Trial? Criminal Justice and Egyptʼs Political Opposition in the Aftermath of July 2013

In the aftermath of the overthrow of President Morsi in the summer of 2013, Egypt garnered international censure for violations of due process in mass trials. Thousands of members of the political opposition, pro-democracy movement, and other activists and journalists were arrested, held in pre-tria...

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Main Author: Kristel Manal Tonstad
Format: Article
Language:English
Published: Scandinavian University Press 2021-01-01
Series:Oslo Law Review
Subjects:
Online Access:https://www.idunn.no/oslo_law_review/2021/01/politics_on_trial_criminal_justice_and_egypts_political_o
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author Kristel Manal Tonstad
author_facet Kristel Manal Tonstad
author_sort Kristel Manal Tonstad
collection DOAJ
description In the aftermath of the overthrow of President Morsi in the summer of 2013, Egypt garnered international censure for violations of due process in mass trials. Thousands of members of the political opposition, pro-democracy movement, and other activists and journalists were arrested, held in pre-trial detention, handed lengthy prison sentences, or sentenced to death in criminal courts. This article shows how ordinary criminal courts became a focal point in the repression of political opposition and activists in Egypt in the aftermath of July 2013. Studying the courtsʼ verdicts during a time of socio-political upheaval provides insight into political and judicial dynamics, and how these may interact in times of crisis. The article shows that it was not due to executive pressure that ordinary courts reasoned and ruled as they did, but the ideologies and interests of judges. Several of the verdicts were subsequently overturned by Egyptʼs Court of Cassation for failing to uphold Egyptian standards of due process. This divergence may be motivated by an interest in higher courts in upholding professional and institutional integrity, revealing significant cleavages within the judiciary. This, too, may in part be deemed an expression of judicial independence.
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spelling doaj-art-16ed6bcce0cb46d9ba1e1f97406591b72025-08-20T02:02:33ZengScandinavian University PressOslo Law Review2387-32992021-01-018476510.18261/ISSN.2387-3299-2021-01-0318948693Politics on Trial? Criminal Justice and Egyptʼs Political Opposition in the Aftermath of July 2013Kristel Manal TonstadIn the aftermath of the overthrow of President Morsi in the summer of 2013, Egypt garnered international censure for violations of due process in mass trials. Thousands of members of the political opposition, pro-democracy movement, and other activists and journalists were arrested, held in pre-trial detention, handed lengthy prison sentences, or sentenced to death in criminal courts. This article shows how ordinary criminal courts became a focal point in the repression of political opposition and activists in Egypt in the aftermath of July 2013. Studying the courtsʼ verdicts during a time of socio-political upheaval provides insight into political and judicial dynamics, and how these may interact in times of crisis. The article shows that it was not due to executive pressure that ordinary courts reasoned and ruled as they did, but the ideologies and interests of judges. Several of the verdicts were subsequently overturned by Egyptʼs Court of Cassation for failing to uphold Egyptian standards of due process. This divergence may be motivated by an interest in higher courts in upholding professional and institutional integrity, revealing significant cleavages within the judiciary. This, too, may in part be deemed an expression of judicial independence.https://www.idunn.no/oslo_law_review/2021/01/politics_on_trial_criminal_justice_and_egypts_political_oEgyptuprisingpolitical transitionrule of lawcriminal lawjudiciary
spellingShingle Kristel Manal Tonstad
Politics on Trial? Criminal Justice and Egyptʼs Political Opposition in the Aftermath of July 2013
Oslo Law Review
Egypt
uprising
political transition
rule of law
criminal law
judiciary
title Politics on Trial? Criminal Justice and Egyptʼs Political Opposition in the Aftermath of July 2013
title_full Politics on Trial? Criminal Justice and Egyptʼs Political Opposition in the Aftermath of July 2013
title_fullStr Politics on Trial? Criminal Justice and Egyptʼs Political Opposition in the Aftermath of July 2013
title_full_unstemmed Politics on Trial? Criminal Justice and Egyptʼs Political Opposition in the Aftermath of July 2013
title_short Politics on Trial? Criminal Justice and Egyptʼs Political Opposition in the Aftermath of July 2013
title_sort politics on trial criminal justice and egypt s political opposition in the aftermath of july 2013
topic Egypt
uprising
political transition
rule of law
criminal law
judiciary
url https://www.idunn.no/oslo_law_review/2021/01/politics_on_trial_criminal_justice_and_egypts_political_o
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