Justice Observatory in Egypt from 21 to 27 August 2023

Summary:

1. A Republican decision to appoint Counselor/ Muhammad Shawqi Fathi Ismail as a new Attorney General, starting from September 2023.
2. Investigating and accusing citizens of terrorism and spreading false news.
3. The release of journalist Karim Asaad Don after 48 hours of illegal detention.
4. Renewing the detention of dozens of citizens pending cases of the Supreme State Security Prosecution.
5. Disappearance of activist Ahmed Jeeka following the decision of the Qaliub Prosecution Office to release him.
6. Referring the publisher, Hisham Kassem, to the Economic Misdemeanor Court, imprisoned on charges of insulting, slandering, and insulting a public employee.

 

Details:

• Arrest and detention:

Saturday, August 26, 2023

1. The family of the young activist / Ahmed Hamdi Al-Sayed Suleiman, known as Ahmed Jeeka, announced his disappearance for the second time after he was released from the Qaliub Partial Prosecution Office, not released and taken from the Qaliub Police Station to an unknown destination.

• Prosecution investigations:

Investigations of the Supreme State Security Prosecution:

1. The Supreme State Security Prosecution investigated during the coverage period of the newsletter with 48 citizens – including the father of the journalist / Ahmed Gamal Ziada – and detained them in pretrial detention on charges of joining a terrorist group and financing and supplying a terrorist group.

Public Prosecution Investigations:

Saturday, August 26, 2023

1. The Abu Kebeer Prosecution Office in Sharqia investigated 4 citizens (Al Said Mansour, Ahmed Omar, Mahmoud Omar, Ahmed Al-Arini) after they were arrested from their homes and accused of joining a terrorist group and spreading false news.
2. Faqous Prosecution Office in Sharqia investigated the Muhammad Badeer, after he was arrested from his home and accused of joining a terrorist group and spreading false news.

• Detention renewal:

Monday, August 21, 2023

1. The opposition judge in the Saida Zeinab Misdemeanor Court decided to detain journalist/ Hisham Kassem for 4 days pending investigation into the communication submitted by the former minister and member of the Presidential Pardon Committee/ Kamal Abu Eita, after Kassem refused to pay the bail issued by the prosecution in Record No. 5007, 2023, Administrative Saida Zeinab.

Saturday 26th August

1. Terrorism circuit-III in Cairo Criminal Court in Badr Prison, considered the renewal of the detention of dozens of citizens detained in pretrial detention pending cases No.: 867 of 2005, 471 of 2017, 1331 of 2018, 563 of 2019, 1780 of 2019, 58 of 2020, 460 of 2020, 502 of 2020, 534 of 2020, 558 of 2020, 730 of 2020, 786 of 2020, 1056 of 2020, 590 of 2021, 620 of 2021, 656 of 2021, 1690 of 2021, 2065 of 2021, 2 069 of 2021, 2714 of 2021 , 2976 of 2021, 305 of 2022, 1391 of 2022, 1633 of 2022, 2135 of 2022, 2182 of 2022, 2184 of 2022, 88 of 2023, 585 of 2023 Supreme State Security.

 

Sunday 27 August

1. The same circuit in Badr Prison considered renewing the detention of dozens of citizens detained in pretrial detention pending cases No.:

725 of 2014, 29 of 2016, 277 of 2019, 488 of 2019,

including journalist Mustafa Al-Khateeb,

515 of 2019, 810 of 2019,

and Ismail El Qemary, 1118 of 2019, 1318 of 2019, 1400 of 2019, 1470 of 2019, 1779 of 2019, 571 of 2020, 1021 of 2020, 1110 of 2020, 482 of 2021, 900 of 2021 1934 of 2021, 2207 of 2021 , 2544 of 2021, 633 of 2022, 1097 of 2022, 1643 of 2022, 2216 of 2022, 2572 of 2022, 185 of 2023, 192 of 2023, 333 of 2023.

1. The Supreme State Security Prosecution renewed the detention of journalist Muhammad Saad Khattab for a period of 15 days pending investigations in connection with Case No. 2063 of 2023 Supreme State Security.

• Trials:

Thursday, August 24, 2023

1. Terrorism circuit-III in Cairo Criminal Court in Badr Prison, reserved the retrial of one defendant in the case known in the media as the Helwan University Juvenile Case, to pronounce the verdict in the session of August 27, 2023.

Saturday 26th August

1. The same circuit postponed the trial of 73 defendants in the case known in the media as the terrorist assembly cell case, to the October 21, 2023 session.

• Legislations and decisions:

Thursday, August 24, 2023

1. The President of the Republic issued Decree No. 358 appointing Counselor/ Mohamed Shawqi Fathi Ismail, President of the Alexandria Court of Appeal, as Attorney General, as of September 19, 2023.
2. The President of the Republic issued Resolution No. 359, appointing Counselor Dr. Tamer Abdel Hamid Fergani, to the Administrative Control Authority, and assigning him as Acting Vice President of the Authority, as of September 2, 2023.

• Actions of the Public Prosecution in cases:

Wednesday, August 23, 2023

1. The Partial Prosecution of Saida Zeinab, referred Hisham Kassem (journalist, head of the Board of Trustees of the Free Liberal Movement, and former president of the Egyptian Organization for Human Rights) to the Economic Misdemeanor Court, on September 2, on the grounds of accusing him of insult and defamation, and assaulting a public employee, and deliberately disturbing others, and misuse of social media platforms sites.

 

Legal comment

• The arbitrary investigations by the Supreme State Security Prosecution continued with dozens of citizens. During the past week, the Supreme State Security Prosecution interrogated about 48 citizens, including the father of journalist and activist/ Ahmed Gamal Ziada, after the security forces arresting him from the vicinity of his house while he was on his way to work. In addition, they accused him with the same accusations, of which there is usually no clear evidence except for the investigations of the National Security Sector officers; joining a terrorist group and spreading false news and statements. This is a clear indication that there were no evidence that the father of the activist committed those accusations.
• Terrorism circuits held throughout the week in Badr Prison continued to renew the detention of citizens brought before them pending cases of the Supreme State Security Prosecution. The decisions came to continue the detention of all the accused for a period of 45 days pending investigations, to give a clear and explicit indication of the unwillingness to end the pre-trial detention file. This was despite the availability of a number of detainees who deserve immediate release for exceeding the maximum limit of pretrial detention, such as the case of journalist Mustafa al-Khateeb, who entered his fourth year of pretrial detention since his arrest in late 2019.
• In an unfortunate scene and a true expression of the situation of justice in Egypt, the National Security Agency in Qaliub arrested activist Ahmed Hamdi El-Sayed Suleiman, known as Ahmed Jeeka. Qaliub Prosecution Office issued on August 11, 2023 to release him then he appeared from enforced disappearance of nearly 58 days, to enter again, just another one in the labyrinth of enforced disappearance. His family went to Qaliub Police Station to implement the procedures for his release issued by the Public Prosecution and the police station denied his presence inside the police station, giving that matter a negative indication about the situation of justice in Egypt.
• The Republican decision issued to appoint Counselor/ Mohamed Shawqi Fathi Ismail, President of the Alexandria Court of Appeal, as Attorney General following, Counselor/ Hamada El-Sawi, is the correct legal procedure. As the later followed reached the end of the legal period for the Attorney General to remain in office, which is four years, according to the text of the Judicial Authority Law.
• The decision of Saida Zeinab prosecution referring Hisham Kassem, to trial before the Economic Misdemeanor Court on September 2, on grounds of accusing him of insulting and defaming, assaulting a public employee, and deliberately disturbing others, in addition to misuse of social media platforms. The decision contradicted the principle of the presumption of innocence, knowing that none of the justifications for pre-trial detention was available, and it clearly showed the intentions of the authorities to target him because of his political activity and the exercise of his right to express his opinion. Such intentions were confirmed when a number of police officers and a security personnel from Saida Zeinab police station filed a complaint accusing him of insulting public officials while he was being transferred from the court to the police station office.