Judiciary and Transitional Justice Bulletin in Egypt (October 29, 2026)

29October

Bulletin Summary:

  1. Following the confiscation of his psychiatric medication, prisoner Ali Fathy attempts suicide by slitting his wrists.
  2. Despite the release of 10 foreigners, journalist Haider Qandil remains in detention in the “Shiite case.”
  3. Postponement of the trials of 2,884 citizens across 73 pending cases before the two terrorism chambers of the Cairo Criminal Court at Badr Prison.
  4. A verdict of a fine, closure, and confiscation issued without accommodating the defense’s requests or allowing oral arguments in the “Mada Masr website” case.
  5. Following guidance from the left member of the 18th North Cairo Criminal Court chamber, the prosecution representative objects to the defense’s argument and insists on taking legal measures against the lawyers.
  6. The Bar Association holds a lecture in collaboration with the Real Estate Tax Authority regarding real estate tax facilities.

Bulletin Items:

First. Pretrial Detention and Its Violations:

  • Despite the release of 10 foreigners, journalist Haider Qandil remains in detention in the “Shiite case”

On October 21, the Supreme State Security Prosecution renewed the detention of Al-Dostour newspaper journalist Haider Qandil for 15 days pending investigations in Case No. 5635 of 2026, Supreme State Security, on charges of leading a terrorist group and committing a crime of terrorist financing, against the backdrop of his religious beliefs and adherence to the Shia sect. This came despite the release of 10 foreigners in the same case.

The continued detention of Qandil, coinciding with the release of other defendants in the case, raises questions regarding the violation of the principle of equal treatment among defendants, in light of their legal statuses and individual circumstances. Furthermore, adhering to a religious doctrine cannot be considered a crime, as criminal prosecution must be based on specific actions that fulfill the elements of a crime, rather than on the right to adopt or not adopt a particular belief.

  • Despite not appearing on the renewal screen, the Cairo Criminal Court renews the detention of citizen Abdel-Ati Abdel-Hafiiz

On October 22, the 12th Chamber of the South Cairo Criminal Court, convened at the New Cairo Court—headed by Counselor Gamal Abdel-Aal Ibrahim El-Simary, with the membership of Counselors Adel Ibrahim El-Sayed, Ayman Badie Habib Faltas, and Mohamed Ibrahim Hamed Sahyon—renewed the detention of citizen Abdel-Ati Abdel-Hafiiz for 45 days pending Case No. 5490 of 2026, Moqattam Misdemeanors, on charges of joining a terrorist group and promoting its goals, despite his failure to appear on the screen designated for presenting defendants.

This incident raises questions regarding the extent to which the court was able to verify the defendant’s presence and participation in his detention renewal proceedings, as well as guaranteeing his right to communicate with the court and conduct his defense. The defendant’s actual presence and enabling him to exercise his procedural rights are essential safeguards for the integrity of detention renewal procedures, necessitating an investigation into the circumstances of his absence from the screen and its impact on his participation in the session.

Second. Unfair Trials:

A verdict of a fine, closure, and confiscation issued without accommodating the defense’s requests or allowing oral arguments in the “Mada Masr website” case

On October 27, the 9th Chamber of the New Cairo Misdemeanor Court, presided over by Counselor Mohamed Mubarak, issued a ruling in Case No. 11743 of 2026, Fifth Settlement Misdemeanors (registered under No. 9072 of 2026, Supreme State Security Inventory). The court fined Lina Attalah, Editor-in-Chief of the Mada Masr news website, three million Egyptian pounds, ordered the closure of the website, and confiscated all equipment and tools. This occurred despite the court’s refusal to fulfill the requests of the defense team present alongside journalist Lina Attalah, denying them the opportunity to present their arguments, and the tribunal president’s appointment of a state-designated attorney despite the journalist’s refusal, her insistence on being represented by her original legal team, and the court’s refusal to record the defense’s motion to recuse the court.

The proceedings of the session raise numerous questions regarding the guarantees of the right to defense and a fair trial, particularly given the rejection of defense requests to review the case file, the insistence on proceeding with oral arguments regardless, and the appointment of another attorney despite the objections of the journalist and her legal team. Enabling the defendant to prepare a defense is not a mere formality, but an essential guarantee; appointing a court-designated lawyer is insufficient unless they are provided a genuine opportunity to review the documents and present an effective defense. If established that these measures violated the right to defense, they may serve as grounds to appeal the verdict, depending on the circumstances of the case and what its official records demonstrate.

Third. The Public Prosecution:

  • Following guidance from a member of the 18th North Cairo Criminal Court chamber, the prosecution representative objects to the defense’s argument and insists on taking legal measures against the lawyers

On October 20, during the lawyers’ oral defense in Case No. 1171 of 2026, Ain Shams Misdemeanors—filed by the Minister of Education against a journalist and heard before the 18th Chamber of the North Cairo Criminal Court, presided over by Counselor Hany Fathy Abbas Motawea and with the membership of Counselors Mohamed Mostafa Eid Ahmed, Mohamed Abdel-Moneim Ahmed Mohamed, and Ahmed Shehata Abdel-Salam Mansour—the defense argued that the Public Prosecution had shown favoritism and bias toward the Minister of Education by referring the case to the Criminal Court despite knowing with absolute certainty that the legal procedures and provisions of Article 3 of the Criminal Procedure Code were not followed. Prosecutor Khaled Omran, after receiving guidance from the left-hand member of the judicial panel, Counselor Mohamed Mostafa Eid, raised an objection to the defense’s statement regarding shortcomings in the Public Prosecution’s investigations and affirmed his insistence on taking legal measures against the attorneys present in the case.

This incident raises questions concerning the boundaries of the court’s role in managing proceedings and the extent to which directing the Public Prosecution to pursue measures against lawyers for presenting their defenses is permissible. The right to defense is backed by legal guarantees that protect a lawyer’s right to present defense grounds and critique investigation and referral procedures within the framework of the law, free from intimidation or threats of prosecution over the content of their oral arguments. Consequently, the prosecution’s objection and insistence on proceeding against the lawyers require an investigation into the circumstances, alongside a reaffirmation that courtroom order must not be transformed into a restriction on the freedom of the defense.

  • A prosecutor refuses a lawyer’s presence at a criminal interrogation under the pretext of missing legal revenue stamps

On October 25, the prosecutor at the Ras Sudr Prosecution Office in South Sinai refused to allow attorney Nasrallah El-Zeiny to attend the interrogation of a defendant—despite the requirement for legal counsel to be present—under the claim that the lawyer lacked lawyer revenue stamps (damgha). Although the attorney offered to pay the stamp fee later (a common practice) and despite the late hour and the courthouse being practically empty, the prosecutor acted arbitrarily and insisted on barring the lawyer from attending the interrogation.

This constitutes a violation of the defendant’s rights and a breach of the Criminal Procedure Code.

Fourth. Prisons and Prisoners:

  • Following the confiscation of his psychiatric medication, prisoner “Ali Fathy” attempts suicide by slitting his wrists

On October 20, the “Jiwwar” Foundation published on its Facebook page that prisoner Ali Fathy, detained in Badr 3 Prison, attempted suicide by slitting his wrists in protest against a search campaign conducted by security forces during which his psychiatric medication was confiscated. In response, the Ministry of Interior denied via its official Facebook page the reports circulating regarding suicide attempts, without mentioning the name of the prisoner or the prison where the incident allegedly took place.

The discrepancy between the two narratives highlights the importance of providing clear information regarding the circumstances of the incident, particularly concerning the prisoner’s access to his psychiatric medication and necessary medical care. A general denial, without clarifying its relevance to the published incident, does not resolve the raised questions. Verifying detention conditions, ensuring the safety of detainees, and guaranteeing their access to essential treatment remain fundamental obligations for prison administration authorities.

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