Justice Observatory in Egypt from November 27 to December 3, 2023

Summary:

1. State Security investigations continue into 28 citizens on charges of terrorism and spreading false news.
2. Extending the date of the sentencing session of the trial known in the media as the Manassa Incidents Case.
3. Cairo Criminal Court Terrorism Chamber renewed the detention of dozens of citizens in pretrial detention, on charges of terrorism and spreading false news.
4. The release of dozens citizens from Sharqia on charges of spreading false news and data.
5. Zagazig Terrorism Court decides to release 13 citizens, for exceeding the maximum limit of pretrial detention.

Details

1- Arrest and Detention (enforced disappearance)

Wednesday, 29 November

1. Security forces at Darb Negm Police Station arrested Al-Saeed Abdel Hamid Fayyad, Mohamed Al-Saeed Abdel Hamid Fayyad, Al-Saeed Atef Gomaa, Ahmed Abdel Fattah, and took them to an unknown destination without presenting them to any investigating authorities yet.

2- Prosecution Investigations:

• Supreme State Security Prosecution:

1. Supreme State Security Prosecution interrogated (during the newsletter’s coverage period) 28 citizens, and put them in pretrial detention for joining a terrorist group and financing and supplying a terrorist group.

 

• Public Prosecution:

Wednesday, 29 November

1. Zagazig Prosecution Office in Sharqia investigated 2 citizens (Abdul Qader Muhammad Abdul Qader, and Ossama Al Said) after arresting them from their homes at dawn, and accused them of joining a terrorist group and spreading false new.

3- Detention Renewal:

Tuesday 28 November

1. Cairo Criminal Court, Circuit-III Terrorism, in Badr Prison renewed the detention for dozens of citizens held in pre-trial detention pending cases No. are 689 of 2017, 623 of 2018, 1358 of 2019, 1530 of 2019, 335 of 2020, 647 of 2020, 383 of 2021, 626 of 2021, 883 of 2021, 966 of 2021 400 of 2022, 573 of 2022, 1644 of 2022, 1691 of 2022, 1893 of 2022, 2032 of 2022, 2185 of 2022, 88 of 2023, 145 of 2023, 203 of 2023, 294 of 2023, 708 of 2023, 710 of 2023, 744 of 2023, 1160 of 2023, Supreme State Security.

 

Wednesday, 29 November

1. Cairo Criminal Court, Circuit-III Terrorism, in Badr Prison heard trial sessions for dozens of citizens held in pre-trial detention pending cases No. are 977 of 2017, 640 of 2018, 1555 of 2018, 1335 of 2019, 649 of 2020, 680 of 2020, 1006 of 2020, 909 of 2021, 910 of 2021, 1869 of 202 1, 1984 of 2021, 2055 of 2021, 2215 of 2021, 2556 of 2021, 2739 of 2021, 2993 of 2021, 4 of 2022, 93 of 2022, 200 of 2022, 907 of 2022, 1020 of 2022, 1473 of 2022, 1539 for Of 2022, 1634 of 2022, 1650 of 2022, 1752 of 2022, 1960 of 2022, 2412 of 2022, 2185 of 2022, 392 of 2023, 1468 of 2023, Supreme State Security.

4- Release from court:

Monday 27 November

1. Zagazig Criminal Court, Terrorism Chamber in Sharqia, decided to release 11 citizens (Abdu Mahmoud Bekhiet, Yasser Abdullah Abdel Rahman, Adel Abdel Rahman Ahmed, Abdel Rahman Ismail, Safwat Abdel Rahman Rabah, Tawfiq Mahmoud Salem, Said Abdel Azim El Said, Ali Youssef Hassan Youssef, Ibrahim Zaki, Mohamed Abdel Hadi, and Mohamed Mansour). The release was with the guarantee of their residence in Case No 17655 of 2021, Faqous.

 

Wednesday, 29 November

1. Zagazig Criminal Court, Terrorism Chamber in Sharqia, decided the acquittal of citizens Abdel Azim Kamel Abdel Azim, and Ibrahim Megahed. The acquittal was with a L.E. 2,000 financial guarantee for each.

 

5- Release from police custody:

Wednesday 29 November

1. The security forces at Zagazig Police Station in Sharqia released 7 citizens (Mohammad Baghdadi Abd al-Galeel, Abd al-Azim Abd Allah, Mohammad Fawzi Abd al-Badie, Nasser al-Said, Ahmad Suleiman, Ahmad Emad Abd al-Maaboud Mohammad, and Ahmad Mohammad al-Said Ibrahim Radwan). The release came after completing the procedures for the validity of their release following their acquittal ruling by the Misdemeanor Court on 25 November 2023.

 

Friday 1 December

1. The security forces at Faqous Police Station in Sharqia released 5 citizens (Yasser Abdullah Abdel Rahman, Adel Abdel Rahman Ahmed Tawfiq Mahmoud Salem, Sayed Abdel Azim El Sayed, and Ali Youssef Hassan Youssef). The release came after completing the procedures for the validity of their release following their acquittal ruling by the Misdemeanor Court on 25 November 2023.
2. The security forces at Abu Hammad Police Station in Sharqia released 18 citizens, after completing the procedures for the validity of their release following their acquittal ruling by the Misdemeanor Court on 25 November 2023.

6- Trials:

Monday 27 November

1. Cairo Criminal Court, Terrorism Chamber-III held in Badr Prison, postponed the trial of 11 detainee, in the case known in the media as The Rabia Al-Adawia Operations Room case to the session of 26 December 2023.

 

Tuesday 28 November

1. Mataria Misdemeanor Court postponed the trial of former parliamentarian Ahmed Tantawi and 22 members of his presidential campaign in the case known in the media as The Power of Attorney case to the session on 9 January 2024.
2. Cairo Criminal Court, Terrorism Chamber-II held in Badr Prison postponed the trail of 1 defendant, in the case known in the media as Suez Terrorist Cell case, to the session on 26 December 2023.
3. Same Court postponed the trial of 73 defendants, in the case known in the media as The 5th Settlement Terrorist Cell case to the session on 26 February 2024.
4. The Court of Cassation, at the High Court, postponed the appeals of 162 defendants against the death sentences and life and aggravated imprisonment in the case known in the media as Helwan Brigades case to the session of 26 December 2023.

 

Saturday 2 December

1. Cairo Criminal Court, Terrorism Chamber-I held in Badr Prison, postponed the trial of 5 detainees, in the case known in the media as Ismailia Territory Cell case to the session of 2 March 2024.

 

Sunday 3 December

1. Cairo Criminal Court, Terrorism Chamber-I held in Badr Prison, postponed the trial of 1 detainee, in the case known in the media as Helwan ISIS cell case to the session of 2 January 2024.
2. Cairo Criminal Court, Terrorism Chamber-I held in Badr Prison, decided to extend the sentencing session for 77 defendants in the case known in the media as the Manassa Events case to the session of 4 March 2024.

7- Judicial Rulings:

Tuesday 28 November 

1. Hahia Misdemeanor Court of Appeal, Terrorism Chamber, ruled to punish 9 defendants, namely Ahmed Ali Ibrahim Ezz, Muhammad Ahmed Al-Maliki, Muhammad Attia Abdel Hamid, Muhammad Al-Sayed Abdel Rahim, Muhammad Adel Saeed, Abdel Moneim Geneidi Muhammad, Walid Muhammad Talaat, Ahmed Fekri Al-Tohami, and Mansour Ibrahim Muhammad Mansour. The sentence was 3 months imprisonment and L.E.500 each, on charges of spreading false news and data.

 

Thursday 30 November

1. Hahia Misdemeanor Court of Appeal, Terrorism Chamber, ruled to uphold the ruling punishing Ashraf Muhammad Ahmad Shanab, Ali Muhammad Emam, Saber Muhammad Abd al-Hamid al-Saifi, Nabil Muhammad Eliwa, Abd al-Aziz Abd al-Shafee Muhammad, Mansour Muhammad Mohammad Attia, and Muhammad Mehanna Muhammad al-Said, with 3 months imprisonment and L.E.500 fine each.

 

Saturday 2 December

1. Abu Kebir Misdemeanor Court, Terrorism Chamber, acquitted 6 citizens on charges of spreading false news and data and possessing inflammatory publications.

8- Legislations and decisions:

Tuesday 28 November

1. The Official Gazette, in its issue No. 47 bis C, published the decision of National Election Authority No. 32 of 2023 to form the headquarters and committees of the General Committee and the subcommittees supervising the 2024 presidential elections of Egyptians abroad.

 

Legal Comment

Supreme State Security Prosecution interrogated (during the newsletter’s coverage period) citizens from different governorates and centers within the republic, and put them in pretrial detention for different periods, for joining a terrorist group and financing and supplying a terrorist group.

 

The decisions were without fair investigation on the part of the Public Prosecution, and on the reports of investigations by officers of National Security. The Court of Cassation ruled in many of its rulings, by just statements.

 

The Terrorism Chamber in Badr Prison continue to ignore Article 143 of the Code of Criminal Procedure, which sets a maximum limit on pretrial detention in its last paragraph. This is despite the silence of the Public Prosecutor and the Supreme Judicial Council by issuing their decisions to renew the detention of dozens of citizens and to consider extending their detention pending the cases of the Supreme State Security Prosecution. Among them were those who exceeded that maximum limit, relying on investigations by National Security, which alone do not serve as evidence of the commission of crimes according to the rulings of the Supreme Court of Cassation.

 

The decision of the Terrorism Chamber-I in the Criminal Court, came to extend the deadline for the sentencing session for 79 citizens in the case known in the media as the Manassa events case, including referring the case of 7 defendants to the Mufti of the Republic to express the legal opinion for their execution.

This lead extending the case to them and for others in the case to 4 March 2024.

This case witnessed many legal violations against the accused; including being inside detention facilities, against the principle of publicity of trials, and the lack of direct communication between the defendants and their lawyers since the defendants sit behind a glass barrier, which blocks their vision and hearing and separates them from the outside world in which the trial takes place.