A move by Egypt's ruling generals to revive
martial law was blunted Tuesday by a court that struck down a government decree
that had allowed soldiers and military intelligence services to arrest
civilians during the nation's political turmoil.
The decision by an administrative court,
which followed an outcry from human rights groups, was a rebuke to the ruling
generals, who have tightened their hold on the country to prevent newly elected
Islamist President Mohamed Morsi from accumulating power. The decree had given
the army authority to target activists protesting against the Supreme Council
of the Armed Forces.
The ruling came amid fresh political moves
and news of one curious departure. Morsi met with his advisors to choose a new
Cabinet before his expected swearing-in Saturday as Egypt's first freely
elected president. Meanwhile, Ahmed Shafik, whom Morsi defeated in the June
16-17 runoff election, left the country at daybreak amid mounting corruption
charges stemming from his time as Egypt's civil aviation minister.
Airport officials in Cairo said Shafik, a
retired air force general and the last prime minister to serve under deposed
leader Hosni Mubarak, reportedly fled with his three daughters and
grandchildren. Suggestions swirled that the irascible former fighter pilot
wanted to avoid a possible investigation and trial under a government led by
Morsi.
Shafik's campaign, however, denied on its
official Facebook page that he was on the lam: "Ahmed Shafik left today at
dawn for Abu Dhabi on a private visit and from there he will head to the holy
lands of Saudi Arabia to perform the Omra [pilgrimage] before returning to his
homeland Egypt."
The ruling on the martial law provision was
praised by human rights groups as a potential first move to gradually roll back
the broad powers the military has seized since Mubarak's downfall in February
2011. Unlike the Supreme Constitutional Court, which is dominated by judges
appointed by Mubarak, the administrative court tends to act more independently
of the government. Its decision still can be appealed.
The case began June 13, when the Justice
Ministry handed the army wider security authority as protests against military
rule intensified days before the runoff between Morsi and Shafik. The
military-backed interim government had earlier allowed the nation's 30-year-old
emergency law to lapse; the decree was criticized as an attempt to restore it.
"We expected this and we've been
pushing for it. It is a positive step forward to curb powers of the military
council," Gamal Eid, an Egyptian human rights lawyer and founder of the
Arabic Network for Human Rights Information, said of the court's decision.
The security decree was part of a series of
aggressive actions the military has taken this month, including a
constitutional declaration that significantly reduced presidential powers and a
ruling by the Supreme Constitutional Court to dissolve the Islamist-controlled
parliament. Both moves were widely regarded as the military's attempt to
counter the popularity of the Muslim Brotherhood and its candidate, Morsi.
"The worst two decisions made by the
military council over the past week were the military law decree and the
constitutional declaration," Eid said. "We put an end to the decree;
it is now up to the new president to stop the constitutional declaration."
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