Egypt’s SCAF and the Curious Case Against Konsowa - Carnegie Endowment for International Peace
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The Egyptian military is exploiting legal loopholes and bureaucratic mechanisms to control which military personnel can exercise their constitutional right to political participation.
January 25, 2018
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On December 3, a few days after Colonel Ahmed Konsowa announced in a YouTube video that he intended to run against Abdel Fattah el-Sisi in the upcoming Egyptian presidential election, he was detained and put on a military trial for announcing his bid while still serving in the military. In an uncharacteristically prompt trial on December 19, he was sentenced to six years in prison and is now awaiting an appeal before a military court.
Konsowa, who had previously tried to resign from the military to run in the 2015 parliamentary elections, is not the only presidential hopeful to face dire consequences for his intentions. After declaring his decision to run, Ahmed Shafik—Egypt’s former prime minister and air force pilot who ran in the 2012 presidential election—was deported from the UAE and held incommunicado for 24 hours upon his return to Egypt. Following this episode, he indicated he no longer wishes to participate. Sami Anan, the former Chief of the General Staff of the Armed Forces, was detained on January 23 after announcing his intention to run for president, and is now accused of incitement against the military and of violating military code. Khaled Ali, a prominent lawyer, withdrew on January 24, citing the absence of a democratic process or any possibilities for competition. Sisi currently stands unchallenged.
Military officers, though not banned from political participation, have to resign from the military before running for any office. In May 2013, the Supreme Constitutional Court upheld the constitutional right of Egyptian military and police personnel to political participation—thereby rejecting a draft law by the then Islamist-dominated Shura Council that would have denied military and police personnel their right to vote. The court’s decision made clear the difference between denying the right to vote based on “temporary and objective” conditions (such as age or mental disability) and depriving an entire group of people (such as military personnel) of a right. The law was thus rejected on basis of preventing discrimination. In addition, the court explained that exempting citizens based on the nature of their employment further impinges on the right to work, which is also protected by the Egyptian constitution.
