Observatory of Justice in Egypt 27 October to 2 November, 2024

Summary:

State Security investigations continue into 38 citizens on charges of terrorism and spreading false news.

Referring the papers of 2 defendants in the case known in the media as the Hadaeq Cell case to the Grand Mufti of the Republic.

Rotation of 26 citizens from Sharqia, to new cases by the Supreme State Security Prosecution, after various durations of enforced disappearance.

The release of 3 citizens from Sharqia, after receiving a signal from the National Security.

Renewal of detention of 5 employees whose service has ended after reports from drug analysis committees, along with hundreds of citizens, by decisions of the State Security Prosecution and the Advisory Chamber.

A team from the Public Prosecution makes an inspection visit to a number of prisons in Gamassa, 15th of May, and Menia.

Details

Arrest and Detention (enforced disappearance)

Thursday, 31 October

Security forces in both Hahia and 10th of Ramadan in Sharqia, arrested Mohamed Abdel Moaz, Tolba Hassan Tolba, and Abdel Hamid Zaki Abdel Hamid from their homes and took them to an unknown destination, without presenting them to any prosecution body.

Prosecution Investigations

Supreme State Security Prosecution:

Supreme State Security Prosecution interrogated (during the newsletter’s coverage period) 38 citizens, and put them in pretrial detention for joining a terrorist group and financing and supplying a terrorist group.

Rotation Pending New Cases:

Saturday, Monday, Tuesday, Wednesday, 26, 28, 29, 30 October

Zagazig Total Prosecution in Sharqia rotated 26 citizens after placing them in enforced disappearance on charges of joining a terrorist group and spreading false news.

Detention Renewal:

Sunday, 27 October

Supreme State Security Prosecution renewed the detention of cartoonist Ashraf Omar for 15 days pending investigations into Case No. 1568 of 2024 Supreme State Security on charges of joining a terrorist group and committing a financing crime.

Cairo Criminal Court, Terrorism Chamber-III, in Badr Prison heard detention renewal sessions for dozens of citizens held in pre-trial detention pending cases. Cases No. are 706 of 2019, 1335 of 2019, 1823 of 2019, 460 of 2020, 535 of 2020, 571 of 2020, 970 of 2020, 1054 of 2020, 33 of 2021, 657 of 2021, 912 of 2021, 936 of 2021, 1000 of 2021, 1413 of 2021, 1624 of 2021, 1984 of 2021, 2013 of 2021, 2207 of 2021, 2213 of 2021, 40 of 2022, 1020 of 2022, 1644 of 2022, 1752 of 2022, 1977 of 2022, 2183 of 2022, 95 of 2023, 184 of 2023, 191 of 2023, 333 of 2023, 453 of 2023, 508 of 2023, 716 of 2023, 1232 of 2023, 1582 of 2023, 1976 of 2023, 2152 of 2023, 2154 of 2023, 2772 of 2023, 2902 of 2023, 288 of 2024, 664 of 2024, 598 of 2024, 1282 Of 2024, 2803 of 2024 , Supreme State Security.

Monday 28 October

Cairo Criminal Court, Terrorism Chamber-III, in Badr Prison heard detention renewal sessions for dozens of citizens held in pre-trial detention pending cases. Cases No. are 706 of 2019, 1335 of 2019, 1823 of 2019, 460 of 2020, 535 of 2020, 571 of 2020, 970 of 2020, 1054 of 2020, 33 of 2021, 657 of 2021, 912 of 2021, 936 of 2021, 1000 of 2021, 1413 of 2021, 1624 of 2021, 1984 of 2021, 2013 of 2021, 2207 of 2021, 2213 of 2021, 40 of 2022, 1020 of 2022, 1644 of 2022, 1752 of 2022, 1977 of 2022, 2183 of 2022, 95 of 2023, 184 of 2023, 191 of 2023, 333 of 2023, 453 of 2023, 508 of 2023, 716 of 2023, 1232 of 2023, 1582 of 2023, 1976 of 2023, 2152 of 2023, 2154 of 2023, 2772 of 2023, 2902 of 2023, 288 of 2024, 664 of 2024, 598 of 2024, 1282 Of 2024, 2803 of 2024, Supreme State Security.

Supreme State Security Prosecution renewed the detention of economic expert Dr. Abdel Khaleq Farouk for 15 days pending investigations into charges of joining a terrorist group and spreading false news and statements.

Supreme State Security prosecution renewed the detention of 5 employees whose services had ended, based on reports from drug analysis committees, in accordance with the provisions of Law 73 of 2021 regarding the conditions for holding or continuing jobs, for 15 days pending case 4356 of 24, State Security Prosecution.

Release:

Monday 28 October

The security forces at 10th of Ramadan Police Station-III in Sharqia released Mahmoud Ahmed Abdel Azim, after completing serving a 7-year prison sentence.

Thursday, 31 October

The security forces at Abu Kebir and Zagazig police stations in Sharqia released both Ahmed Mohamed Mansour and Mohamed Metwally Ahmed El-Naggar, after receiving the signal from National Security.

Trials:

Sunday, 27 October

Cairo Criminal Court, Terrorism Chamber-III, held in Badr Prison postponed the retrial of 19 defendants in the case known in the media as Marg 3rd Cell case to the session on 10 December 2024.

Monday 28 October

Cairo Criminal Court, Terrorism Chamber-III, held in Badr Prison postponed the trail of 64 defendants, in the case known in the media as New Cairo Cell case to the session on 8 December 2024.

Tuesday, 29 October

Cairo Criminal Court, Terrorism Chamber-I, held in Badr Prison postponed the trail of 117 defendants, in the case known in the media as the case of the Media Committees to the session in 12 November 2024.

Wednesday, 30 October

Cairo Criminal Court, Terrorism Chamber-I, held in Badr Prison postponed the trail of 2 defendants, in the case known in the media as Atfeeh violence incidents to the session on 12 November 2024.

Saturday, 31 October

Cairo Criminal Court, Terrorism Chamber-I, held in Badr Prison referred the papers of 2 of the 6 defendants to the Grand Mufti of the Republic in the case known in the media as the Hadaeq Cell case and postponed the sentence pronouncement to the session on 1 February 2025.

Cairo Criminal Court, Terrorism Chamber-I, held in Badr Prison postponed the trail of 5 defendants, in tn case No. 48 of 2024, known in the media as the Sohag ISIS Cell case to the session on 16 November 2024.

Judicial Rulings:

Tuesday, 29 October

Cairo Criminal Court, Terrorism Chamber-III, held in Badr Prison ruled to punish 1 defendant , with 5years imprisonment with hard labour in Case No. 24701 of 2023, Boulaq Felonies, on charges of joining a terrorist group.

Prison news:

Monday 28 October

The Public Prosecution published on its official Facebook page that a team of Public Prosecution members conducted an inspection visit to the prisons (Gamassa-IV, May 15- I, III, IV, VI and Menia-III).

Legal Comment

The continued arrests of citizens in Sharqia, without legal justification nor presenting them to the investigating authorities is arbitrary and illegal detention.

This constitutes as well a violation of the principle of the rule of law, which necessitates the urgent release of detainees whose cases have not been brought before the judiciary, with a comprehensive investigation to hold accountable those proven to be involved in these violations in order to ensure the rights of citizens and prevent their recurrence.

Fair trial guarantees are an essential element in achieving justice and the rule of law; however, unfortunately, these guarantees are often marginalized, which directly affects the credibility of the rulings and their fairness.

This is evident when issuing decisions to execute and refer the papers of defendants to the Grand Mufti in preparation for sentencing them to death. Such as the ruling by Cairo Criminal Court, Terrorism Chambers-I, in Badr Prison to refer the papers of two defendants, in the case known in the media as the Hadaeq Cell case. A decision with irreversible consequences. In such cases, strict adherence to fair trial guarantees is vital, especially those that are irreversible. It also requires solid legal foundations and fair trials.

Investigation reports are, according to the rulings of the Court of Cassation, mere clues that can help form an initial idea about the incident; however they are not on their own suitable as conclusive or sufficient evidence to prove the accusation. Nevertheless, the State Security Prosecution has relied in the investigation and issuance of decisions to detain citizens, on the investigations of the National Security Sector, without any evidence and clues to support them, making the decisions to detain citizens unjust.

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