Observatory of Justice in Egypt 20 to 26 October, 2024

Summary:

State Security investigations continue into 42 citizens on charges of terrorism and spreading false news.

Arrest of economist Abdel Khaleq Farouk and his referral to the Supreme State Security Prosecution.

Rotation of 29 citizens in Sharqia, to new cases by the Supreme State Security Prosecution, after the disruption of procedures for their release

Sentencing 1 defendant to death penalty by in the case known in the media as the Ismailia Cell case.

Release of 4 citizens in Sharqia, by decision of Zagazig Criminal Court.

Renewal of the detention of engineer Yahia Hassan and journalist Khaled Mamdouh by decision of the Supreme State Security Prosecution.

Details

Arrest and Detention (enforced disappearance)

Sunday, 20 October

Security forces arrested economist Abdel Khaleq Farouk from his home in Alexandria and took him to one of the security centers, before appearing at the Supreme State Security Prosecution in Cairo on 21 October. It investigated and accused him of joining a terrorist group and spreading false news and statements.

Prosecution Investigations

Supreme State Security Prosecution:

Supreme State Security Prosecution interrogated (during the newsletter’s coverage period) 42 citizens, and put them in pretrial detention for joining a terrorist group and financing and supplying a terrorist group.

Public Prosecution:

Tuesday, 22 October

Zagazig Total Prosecution Office in Sharqia investigated both Ahmed Emad Nasr and Mohamed El-Shawadfi after arresting them from their homes, and accused them of joining a terrorist group and spreading false new.

Rotation Pending New Cases:

Sunday, 20 October, Monday 21, Tuesday, 22, Wednesday 23, Thursday 24

Zagazig Total Prosecution in Sharqia rotated 29 citizens to new cases.

Detention Renewal:

Sunday, 20 October

State Security Prosecution renewed the detention of Engineer Yahya Hussein Abdel Hadi for 15 days pending investigations in Case No. 3916 of 2024, Supreme State Security.

Monday 21 October

State Security Prosecution renewed the detention of journalist Khaled Mamdouh for 15 days pending investigations into Case No. 1282 of 2024, Supreme State Security.

Tuesday, 22 October

State Security Prosecution renewed the detention of 35 citizens pending cases No. 2806 of 2024, Supreme State Security, including 3 defendants. In addition, in Case No. 2627 of 2024, Supreme State Security, including 32 defendants on charges of joining a terrorist group and spreading false news and statements.

Acquittal:

Wednesday 23 October

Zagazig Criminal Court in Sharqia decided to acquit 3 citizens after accepting their appeal against the decision to detain them in custody. They are Al-Moatassem Bellah Said Mohamed, Shady Khairy Youssef, and Abdel-Rahman Mustafa Helmi.

Thursday, 24 October

Zagazig Criminal Court in Sharqia decided to accept the appeal by Dr. Gamal Abdel Nasser Abdullah against the decision of his pretrial detention and decided to acquit him.

Release:

Thursday, 24 October

The security forces in 10th of Ramadan Police Station in Sharqia released Yasser Mustafa Ibrahim Al-Nems, after completing the procedures for the validity of his release and receiving the National Security signal.

Trials:

Sunday, 20 October

Cairo Criminal Court, Terrorism Chamber-I, held in Badr Prison postponed the retrial of 2 defendants in the case known in the media as Rabia Al-Adawia sit-in dispersal case to the session on 4 January 2025.

Cairo Criminal Court, Terrorism Chamber-I, held in Badr Prison postponed the trail of 6 defendants, in the case known in the media as Hadaeq Cell case to the session on 2 November 2024.

Monday 21 October

Cairo Criminal Court, Terrorism Chamber-I, held in Badr Prison postponed the trail of 61 defendants, in the case known in the media as the case of Settlement Committees Cell to the session in 18 January 2025.

Saturday, 26 October

Cairo Criminal Court, Terrorism Chamber-III, held in Badr Prison postponed the trail of 35 defendants, in the case known in the media as foreign exchange trading case to the session on 26 November 2024.

Judicial Rulings:

Sunday, 20 October

Cairo Criminal Court, Terrorism Chamber-III, held in Badr Prison ruled to punish 1 defendant with death penalty by in the case known in the media as the Ismailia Cell case.

Statements:

Sunday, 20 October

The Public Prosecution published on Facebook a video report about the visit of its members to Wadi El Natron prisons (1, 3, 4, 6) within the framework of the directives of the Attorney General, Counselor/ Mohamed Shawqi, to periodically inspect prisons and police stations across the country.

Monday 21 October

The Public Prosecution published a video report on Facebook about the visit of its members to Akhmim Prisons in Sohag (1, 3, 4, 6).

Legal Comment

The arrest of economist Abdel Khaleq Farouk for writing a number of economic news and reports is a test of the extent of commitment to international legal standards for freedom of expression and publication. From a legal perspective, citizens have the right to express their opinions and publish their analyses on public issues such as economic conditions. From this standpoint, the question arises about the extent of respecting the Egyptian constitution and its articles prohibiting imprisonment in publishing cases, except in cases related to direct incitement to violence or discrimination.

According to Egyptian law and the constitution, pretrial detention is supposed to be a precautionary measure limited in its duration and conditions, used only when necessary to prevent a danger to the investigation or society.

However, it has been increasingly used as a punitive measure that prolongs the detention of many activists and opponents without trial. This raises doubts about respecting pretrial detention periods of up to two years at most for crimes punishable by death or life imprisonment.

Moreover, extending pretrial detention under various pretexts raises questions about the guarantees of individual rights, as well as constitutes a violation of the principle of “freedom is the origin”. In this case, pretrial detention becomes an unstated punishment without trial.

From this standpoint, the Supreme State Security Prosecution continues to issue pretrial detention decisions for hundreds of citizens during detention renewal sessions, including engineer Yahya Hussein Abdel Hadi and journalist Khaled Mamdouh.

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