Justice Observatory in Egypt from September 11 to September 17, 2023

Summary:

 

1. After a complaint filed by Kamal Abu Aita and officers from Sayyida Zeinab’s Police Department, Hisham Qassem, the writer and publisher, received a sentence of imprisonment with labor and a fine.
2. The Supreme State Security Prosecution conducted investigations into 36 individuals on familiar charges of terrorism and disseminating false information.
3. Extending the detention of dozens individuals while their cases are pending before the Supreme State Security Prosecution.
4. The National Elections Commission has released the list of approved civil society organizations, NGOs, websites, and media institutions authorized to monitor the election proceedings.
5. Despite reports suggesting that 30 political detainees in Wadi El-Natroun Prison 2 have initiated a hunger strike due to visitation restrictions, the Ministry of Interior has asserted that no prison inmates are presently engaged in a hunger strike.
6. The Interior Ministry releases Lawyer Osama Ibrahim following a strike by Aswan lawyers and the intervention of the Bar Association’s head.
7. In accordance with a presidential decree, Counselor Hisham Ali Zaki Sukkar has been appointed as the Chairman of the Panel of Commissioners for the Supreme Constitutional Court, while Counselor Dr. Mohammed Mohammed Khairy Taha Al-Najjar has been assigned as the Advisor to the very same Panel of Commissioners.

 

Newsletter details:

1- Prosecution investigations:

 

Supreme State Security Prosecution Investigation:

 

Between September 11 and September 17, 2023, the Supreme State Security Prosecution conducted investigations into 36 individuals and placed them in pretrial detention. They are facing charges related to their alleged involvement with a terrorist group and providing financial support to such a group.

 

Public Prosecution investigations:

 

Wednesday, September 13, 2023

 

1. After emerging from a 30-day enforced disappearance, citizen Hossam Ahmed Mohammed is under investigation by the Zagazig Public Prosecution Office. He has been charged with joining a terrorist group and disseminating false news and statements, leading to his placement in pretrial detention.

1. After emerging from an 8-day enforced disappearance, citizen Ahmed Saleh is currently under investigation by the 10th of Ramadan Prosecution. He has been charged with joining a terrorist group and disseminating false news and statements, leading to his placement in pretrial detention.

2- Detention Renewal

 

Wednesday, September 13, 2023

 

1. Gamal Abdel Hamid Ziada, the father of journalist Ahmed Gamal Ziada, has had his detention extended for 15 days by the Supreme State Security Prosecution. He is facing charges related to his alleged involvement with a terrorist group and the dissemination of false news.

 

Saturday, September 16, 2023

 

1. The first terrorism circuit of Cairo Criminal Court convened in Badr Prison, held a session to review the extension of detention for numerous citizens who are currently in pre-trial detention, pending their cases with the following case numbers: 1480/2019, 1781/2019, 865/2020, 1222/2021, 1413/2021, 670/2022, 1391/2022, 2135/2022, 2183/2022, 95/2023, 184/2023, 186/2023, 191/2023, 203/2023, 325/2023, 333/2023, 352/2023, 453/2023, 508/2023 and 708 / 2023 Supreme State Security.

 

Sunday, September 17, 2023

 

1. The same circuit conducted a session at Badr Prison to extend the detention of numerous citizens who are currently in pretrial detention, pending their cases under the following case numbers: 977/2017, 640/2018, 1365/2018 (among the defendants shown are journalists Rabie Al-Sheikh and Bahaa El-Din Ibrahim), 706/2019, 335/2020, 535/2020, 970/2020, 1022/2020, 1054/2020, 910/2021, 1000/2021, 2055/2021, 2215/2021, 2739/2021, 5/2022, 41/2022, 200/2022, 1539/2022, 1654/2022, 1893/2022, 2365/2022, 2723/2022, 260/2023, 510/2023, 641/2023, 710/2023 and 716/2023 Supreme State Security.

 

1. The Terrorism circuit at the Zagazig Criminal Court in Sharkia Governorate has extended the detention of two citizens, (Osama Mansour Salem Abdel-Aal and Basil Mansour Salem Abdel-Aal), for a duration of 45 days in Case No. 893/2021, Zagazig Police Station. They face charges of joining a terrorist group and disseminating false information.

3- Release from court

 

Wednesday, September 13, 2023

• In a session held at the Abdeen Court, the 27th Criminal Circuit of South Cairo has released Mustafa Ayoub Mahmoud with a guarantee of his place of residence after being accused of joining a prohibited group in Case No. 6637/2022, Qasr al-Nil misdemeanor court.

 

Saturday, September 16, 2023

 

1. The Supreme State Security Prosecution released three citizens, namely (1. Mohammed Hamdi Imam, 2. Mahmoud Mohammed Metwally, 3. Mohammed Abdel Aziz Abdel-Al) with guarantees of their place of residence pending the investigations conducted with them.

4- Release from police custody: 

 

Tuesday, September 12, 2023

 

1. Lawyer Osama Ibrahim, who had been detained by security forces in Aswan Governorate, has been released. His arrest followed the publication of blog posts concerning the investigation of an officer and security personnel from the Kom Ombo Police Department. He was taken into custody and transported to an undisclosed location before being released.

5- Trials:

 

Monday, September 11, 2023

 

1. The Second Terrorism Circuit in Cairo Criminal Court held in Badr Prison postponed the trial of 7 defendants in the case known in the media as the Imbaba ISIS Cell case to the October 5, 2023 session.

 

1. The same circuit, held in Badr Prison, postponed the trial of 14 defendants in the case known in the media as the Rabaa al-Adawiya Sit-in Dispersal case, to the second of October session.

 

Tuesday, September 12, 2023

• The same circuit held in Badr Prison postponed the trial of 22 defendants in the case known in the media as the case of the Administrative Structure of the Muslim Brotherhood Organization to the fourth of October session.

6- Judicial rulings:

 

Tuesday, September 12, 2023

 

1. In a ruling at the Giza Criminal Court’s Second Circuit of Terrorism, held at Badr Prison, three defendants have been sentenced to 7 years of aggravated imprisonment. Furthermore, they have been collectively assigned the responsibility with other defendants of paying a sum of 17 million and 622 thousand Egyptian pounds, which corresponds to the damages incurred. This decision pertains to the case commonly known as the Cabinet Clashes.

Saturday, September 16, 2023

 

1. The First Division of the Economic Misdemeanor Court has sentenced publisher and writer Hisham Qassem to three months in prison and fined him 20,000 Egyptian pounds on charges of defamation against Kamal Abu Aita. Additionally, he was sentenced to three months in prison with labor on charges of insulting two public employees (an officer and a security personnel), at the Sayyida Zeinab Police Department. He was acquitted of the charge of deliberately disturbing public employees.

7- Legislation and decisions:

 

Tuesday, September 12, 2023

 

1. The Official Gazette, in its 36th issue (bis), published the decision of the National Election Authority, Decision No. 1 of 2023, which accepts applications from Egyptian, foreign, and international civil society organizations, as well as national councils, for registration and renewal of registration in the election and referendum follow-up database.

 

1. The Official Gazette published in its issue No. 36 (bis) the National Election Authority’s Decision No. 2 of 2023 to accept applications submitted by some press institutions, media outlets and websites for registration and renewal of registration in the election and referendum follow-up database.

 

Thursday, September 14, 2023

 

1. The Official Gazette published in its issue No. 37 the Presidential decree No. 383 of 2023 of appointing Counselor Hisham Ali Zaki Sukkar as the Chairman of the Panel of Commissioners for the Supreme Constitutional Court, and Counselor Dr. Mohammed Mohammed Khairy Taha Al-Najjar as the Advisor to the very same Panel of Commissioners

8- Prison News

 

Friday, September 15, 2023

 

1. The ‘Egyptian Network for Human Rights’ Facebook page released an observation, obtained from a leaked message, indicating that 30 political detainees in Wadi El-Natroun Prison 2 have initiated an open hunger strike. They have refused to accept the ‘prison food’ offered to them six days ago as a sign of their protest against the prison administration’s decision to prohibit visitations. This decision was reportedly made under the orders of the National Security officer responsible for the prison.

 

Saturday, September 16, 2023

 

1. The ‘Egyptian Network for Human Rights’ official Facebook page reported that it had observed the death of agricultural engineer Gomaa Mohammed Hashhash in his prison cell at Toukh Prison in Qalyubia. The cause of death was not provided.

9- Statements and Press releases:

 

Thursday, September 14, 2023

 

1. The Ministry of Interior issued a statement on its Facebook page denying the allegations made by a citizen that several individuals were arrested for participating in his planned election campaign. The mentioned citizen is potential presidential candidate Ahmed Al Tantawy.

 

Saturday, September 16, 2023

 

1. The official Facebook page of the Ministry of Interior posted a denial statement which reads, “There is no truth to the claims made by a channel associated with the terrorist Muslim Brotherhood group regarding a strike by some inmates at one of the reform and rehabilitation centers. There are no strikes in any of the reform and rehabilitation centers currently.”

 

Legal Comment

 

• The ruling from the Economic Misdemeanor Court, which sentenced writer and publisher Hisham Qasim to imprisonment and a fine for charges including insulting, slandering, and intentionally disturbing Kamal Abu Aita, as well as insulting public officials, raises concerns of political retaliation against the journalist-writer. This case has seen his rights being infringed upon, beginning with the investigations by the Public Prosecution, continuing through the trial sessions, all while his freedom is restricted, in contravention of the presumption of innocence principle. Concluded in the form of a prison sentence, appears to lack the essential elements required for the crime of insult and defamation against Kamal Abu Aita. Additionally, the incident involving the alleged insult of public officials, including an officer and a security personnel from the Sayyida Zeinab Police Department, seems false, fabricated, and unfounded. The Egyptian Penal Code specifies that the punishment for defamation and slander crimes is a financial fine, without providing for a prison sentence, except in cases of personal defamation or damage to the reputation of families. This is in direct contradiction to the situation assigned to Hisham Qasim. Furthermore, the unfair trial proceedings, in which defense requests were ignored, resulted in an unjust verdict.

 

• The trial of several defendants inside Badr Prison continued with the renewal of their pretrial detention on vague charges. There is not a single piece of evidence in the documents to support these charges, including crimes related to joining a terrorist group and spreading false news. The only basis for these allegations appears to be investigations by the National Security Sector. Detention has continued beyond the legal maximum limit, such as in the case of journalist Bahaa Eddin Ibrahim, who has been in pretrial detention for more than two years.

• While the Egyptian Ministry of Interior issued a statement on its Facebook page denying that any prisoners have gone on a hunger strike, several independent human rights organizations, led by the Egyptian Network for Human Rights, have announced and confirmed that nearly 30 political detainees in Wadi El-Natroun Prison 2 have been on a hunger strike for six days. They refuse to accept the “prison food” in protest against the decision to prevent them from receiving visitors, a decision made by the National Security officer responsible for the prison.

 

• This raises an important question: why does the Ministry of Interior and the Prison Authority deny events and incidents through their media platforms while neglecting to investigate the complaints filed with them, monitor the prisons, and address the violations against inmates, as well as investigate and hold the perpetrators accountable?