Justice Observatory in Egypt from December 4 to December 10, 2023

Summary:

1. The prosecution postpones the investigation into Lina Atalla, editor-in-chief of Mada Masr website, in a report from the Supreme Council for Media Regulation.
2. State Security investigations continue into 32 citizens, including Mohammed Salah Aggag, lawyer and former Suez representative of Egyptian Lawyers Syndicate and member of the Freedoms Committee of the Egyptian Lawyers Syndicate.
3. Renewing the detention of dozens of citizens pending cases of the Supreme State Security Prosecution.
4. The release of 32 citizens in Sharqia after detention outside the framework of the law while awaiting the illegal “national security” signal
5. Renewing the detention of 7 citizens to new cases and re-imprisoning them on the same charges after their release of them.
6. Cairo Criminal Court removes the name of Ziad Al-Elemi from the lists of terrorists.

Details

1- Arrest and Detention (enforced disappearance)

Monday 4 December

1. Security forces at Ibrahimia Police Station arrested citizen Kamal Abdel Aziz, and took him to an unknown destination without presenting him to any investigating authorities yet.

2- Prosecution Investigations:

• Supreme State Security Prosecution:

1. Supreme State Security Prosecution interrogated (during the newsletter’s coverage period) 32 citizens, and put them in pretrial detention for joining a terrorist group and financing and supplying a terrorist group. The list included Mohammed Salah Aggag, lawyer and former Suez representative of Egyptian Lawyers Syndicate.

 

• Public Prosecution:

Wednesday 6 December

1. Cairo Appeals Prosecution Office in Al Rehab City postponed the investigation with journalist Lina Atalla, Mada Masr editor-in-chief, in the report by the Supreme Council for Media Regulation No. 22 of 2023, Supreme Cairo Appeals Investigative, to a session determined later.

 

Thursday 7 December

1. 10th of Ramadan Prosecution Office in Sharqia investigated both Amer Abdullah Ali Hassan and Nabil Anise Mahmoud after arresting them from their homes, accused them of joining a terrorist group and spreading false new, and then placed them in pretrial detention.

3- Rotating Pending New Cases:

Wednesday 6 December

1. Faqous Prosecution Office in Sharqia investigated Hisham Muhammad Abdel-Al, Othman Ahmed Othman, and Hassan Mahmoud Muhammad Hassan, following their arrest after obtaining a release decision from Zagazig Criminal Court on October 30th – on the same charges of joining a terrorist group and spreading false news.
2. Abu Kebir Prosecution Office in Sharqia investigated Eid Mohamed Ahmed Shaheen, Mustafa Al-Sayed Hemeda, Dr. Mohamed Al Gassour, and Ahmed Abdel Hamid, following their arrest after obtaining a release decision from Zagazig Criminal Court on October 30th – on the same charges of joining a terrorist group and spreading false news.

4- Detention Renewal:

Monday 4 December

1. Cairo Criminal Court, Terrorism Chamber, in Badr Prison heard a detention renewal session for dozens of citizens held in pre-trial detention pending cases No. are 828 of 2017, 977 of 2017, Supreme State Security

 

Tuesday 5 December

1. Cairo Criminal Court, Terrorism Chamber, in Badr Prison heard a detention renewal session for dozens of citizens held in pre-trial detention pending cases No. are 29 of 2016, 316 of 2017, 1781 of 2019, 865 of 2020, 915 of 2021, 1222 of 2021, 2056 of 2021, 2467 of 2021, 2976 of 2021, 85 of 2022 440 of 2022, 670 of 2022, 1096 of 2022, 1391 of 2022, 1480 of 2022, 2135 of 2022, 2216 of 2022, 186 of 2023, 260 of 2023, 294 of 2023, 325 of 2023, 540 of 2023, 583 of 2023, 626 of 2023, 1160 of 2023, 1470 of 2023, Supreme State Security.
2. The Supreme State Security Prosecution renewed the detention of 14 teachers, for 15 days pending investigations after they had organized a protest in front of the Ministry of Education headquarters in the Administrative Capital to demand their right to appointment despite having passed the tests by the Ministry in the competition to appoint 30,000 teachers.

 

Wednesday 6 December

1. Cairo Criminal Court, Terrorism Chamber, in Badr Prison heard a detention renewal session for dozens of citizens held in pre-trial detention pending cases No. are 376 of 2012, 630 of 2017, 563 of 2020, 566 of 2020, 575 of 2020, 880 of 2020, 955 of 2020, including photojournalist Hamdi Al Zaeem, 960 of 2020, 1018 of 2020, 1058 of 2020, 1196 of 2020 65 of 2021, including activist Nermeen Hussein, 984 of 2021, 1413 of 2021, 2121 of 2021, 2174 of 2021, 2581 of 2021, 330 of 2022, 1576 of 2022, 1655 of 2022, 1940 of 2022, 88 of 2023 203 of 2023, 453 of 2023, 585 of 2023, 860 of 2023, 1001 of 2023, 1232 of 2023, 1233 of 2023, Supreme State Security.

 

Thursday 7 December

1. Banha Total Prosecution renewed the detention of activist Ahmed Hamdi Al-Sayed, known as Ahmed Jeeka, for 15 days pending investigations in Case No. 3117 of 2023, Kafr Shukr Administrative Office.

5- Release from court:

Wednesday 6 December

1. Zagazig Criminal Court, Terrorism Chamber, renewed decided to acquit both Citizens Mahmoud Muhammad Helmi and Abdul Rahman Ahmed Abdu Al-Sahrawi with a guarantee of precautionary measures of having to go to the police station for one day a week.

6- Release from police custody:

Wednesday 6 December

1. Security forces at Menia al-Qamh Police Station in Sharqia released 21 citizens after completing the procedures for the validity of their release and receiving the National Security signal following detaining them outside the framework of the law for several days.
2. Security forces at Hahia Police Station in Sharqia released 8 citizens. They are Ashraf Mohamed Ahmed Shanab, Ali Mohamed Imam, Nabil Mohamed Eliwa, Abdel Aziz Abdel Shafee Mohamed, Mansour Mohamed Mohamed Attia, Mohamed Mehanna Mohamed El Said, Mohamed El Said Abdel Rahim, and Mohamed Adel Saeed. The release was after completing the procedures for the validity of their release and receiving the National Security signal following detaining them outside the framework of the law for several days.

 

Saturday 9 December

1. Security forces at Zagazig police station in Sharqia released 3 citizens: Al-Baraa Imam Abdel Hafeez, Ahmed Maher Mohsen Abdel Hamid, and Mohammad Musleh Muhammad Ali Al-Gharbawi, after completing the procedures for the validity of the release after obtaining an acquittal ruling from Zagazig Misdemeanor Court of Appeal on 4 December 2023.

 

7- Trials:

Wednesday 6 December

1. Cairo Criminal Court, Terrorism Chamber-I, held in Badr Prison postponed the retrial of 43 defendants in the case known in the media as Agouza Terrorist Cell case to the session on 16 December 2023.

Saturday 9 December

1. Cairo Criminal Court, Terrorism Chamber-II, held in Badr Prison postponed the trail of 1 defendant in the case known in the media as the case of the assassination of Major General Nabil Farrag, to the session on 14 December 2023.

8- Judicial Rulings:

Monday 4 December

1. Zagazig Misdemeanor Court of Appeal, Terrorism Chamber, ruled to accept the appeal by Muhammad Musleh Muhammad Ali Al-Gharbawi, Al-Baraa Imam Abdel Hafeez, and Ahmed Maher Mohsen Abdel Hamid. The sentence was 3 months imprisonment and a L.E. 500 fine each, on charges publishing false news and data in form and substance. The court canceled the ruling and ruled again to acquit them of the charges against them.

 

Thursday 7 December

1. Hahia Misdemeanor Court of Appeal, Terrorism Chamber, ruled to accept the appeal in form and substance by the Public Prosecution against the acquittal ruling for 21 defendants. The defendants are Ali Al-Said Mustafa, Ahmed Taha Al-Said, Tamer Ahmed Al-Said, Ibrahim Muhammad Abdullah, Abdullah Ali Attia, Muhammad Mahmoud Ahmed Al-Mansi, Muhammad Al-Said Abdullah, Ahmed Muhammad Al-Azzazi, Khaled Hassan Muhammad, Mahmoud Ahmed Abdel Halim, Abdel Hay Abdel Rahman Muhammad , Khaled Muhammad Muhammad, Ibrahim Abdel Wahab, Muhammad Badr Muhammad, Hassan Abdel Aziz Ali, Hassan Ismail Hassan, Muhammad Abdel Latif Muhammad, Raafat Abdel Hamid Metwally, Moaz Muhammad Abdel Moneim, Ossama Muhammad Ali Hassan, and Muhammad Muhammad Al-Arabi Abdel Moeti. The appeal was to uphold the sentence of 3 months imprisonment, on charges publishing false news and data.
2. Hahia Misdemeanor Court of Appeal, Terrorism Chamber, ruled to accept the appeal in form and substance by the Public Prosecution against the acquittal ruling for 15 defendants. The defendants are Ahmed Fawzi Mustafa, Ahmed Mustafa Ali, Reda Ahmed Ismail, Ahmed Abu Al-Hassan Hamdi, Islam Nabil Ahmed, Khalil Megahed Fouad, Muhammad Emad Al-Din Karim, Mahmoud Amr Allah Ibrahim, Ayman Sabri Abdel Ghaffar, Muhammad Zachariah Amer, Sherif Zachariah Amer, Omar Abdel Hamid Muhammad, Youssef Abdullah Abdel Aziz, Karim Mahmoud Abdel Rahim, and Khalifa Abdullah Khalifa. The appeal was to uphold the sentence of 3 months imprisonment, on charges publishing false news and data.
3. Hahia Misdemeanor Court of Appeal, Terrorism Chamber, ruled to accept the appeal in form and substance by the Public Prosecution against the acquittal ruling for 7 defendants. The defendants are Ahmed Ali Ibrahim Ezz, Mohamed Ahmed Al-Maliki, Mohamed Attia Abdel Hamid, Abdel Moneim Geneidi Mohamed, Walid Mohamed Talaat, Ahmed Fekri El-Tohami, and Mansour Ibrahim Mohamed Mansour. The appeal was to uphold the sentence of 3 months imprisonment and L.E. 500 fine each, on charges publishing false news and data.

 

Saturday 9 December

1. Cairo Criminal Court, Terrorism Chamber-II, in Badr Prison, ruled to punish 1 defendant with 10 years of aggravated imprisonment in the case known in the media as the Ramses Violence Incidents case.
2. Cairo Criminal Court, Terrorism Chamber-II, in Badr Prison, ruled to punish 1 defendant with 1 years of imprisonment with hard labor in the case known in the media as the Al-Saff Violence Incidents Case case.

9- Legislations and decisions:

Saturday 9 December

1. The Official Gazette as well as Al-Waqai Al-Misria in its issue No. 275 a follow-up to the ruling by the Cairo Criminal Court – Circuit 15 South, on 30 November 2023, of removing Ziad Al-Elemi lawyer and former parliamentarian, , from the list of terrorists.

Legal Comment

Cairo Appeals Prosecution Office at the Public Prosecutor Office decided to summon journalist Lina Atalla, editor-in-chief of Mada Masr news website, to investigate her in Case No. 22 of 2023, Supreme Cairo Appeals Prosecution Investigation. The decision came more than a month after the Supreme Council for Media Regulation to sensor the website for 6 months, and refer those responsible for it to the Public Prosecution, on grounds of practicing media without license, publishing false news without investigating its sources, defrauding the public, and harming the national security, according to the council statement.

This decision came as a new episode of the Egyptian authorities targeting and persecuting journalists for practicing their journalistic work and an affirmation of the desire of the Egyptian authorities to control media platforms.

 

The phenomenon of not implementing the decisions of Public Prosecution or the courts to release defendants in political cases, until the National Security approval continues, and then postponing its implementation for days or weeks.

Perhaps what exemplifies this matter is that National Security officers in Sharqia disrupted the procedures for releasing 7 citizens from 30 October and rotated them into new cases bearing the same charges.

 

Cairo Criminal Court, Terrorism Chambers, in Badr Prison, continued to renew the detention of citizens pending cases of the Supreme State Security Prosecution. Those decisions came to extend the detention of all defendants for 45 days pending investigations. Such decisions clearly and explicitly indicates the unwillingness to radically end the pretrial detention file despite the number of those who deserve immediate release without considering a renewal session due to them exceeding the maximum limit for pretrial detention, as the Code of Criminal Procedure stipulates.

 

In a positive step to restore matters to their logical and legal order, the Egyptian newspaper Al-Waqai published the ruling of Cairo Criminal Court – Circuit 15 South, on 30 November 2023, of removing Ziad Al-Elemi lawyer and former parliamentarian, , from the list of terrorists.

This means cancelling all legal effects on the human rights lawyer due to having his name on such list, the most important of which is his enjoyment of all political rights, putting an end to harassing the prominent lawyer and political opponent.