{"id":2198,"date":"2026-08-16T13:01:28","date_gmt":"2026-08-16T13:01:28","guid":{"rendered":"https:\/\/dfatermasr.net\/?p=2198"},"modified":"2026-08-16T13:02:57","modified_gmt":"2026-08-16T13:02:57","slug":"judiciary-and-transitional-justice-bulletin-in-egypt-july-30-to-august-15-2026","status":"publish","type":"post","link":"https:\/\/dfatermasr.net\/?p=2198&lang=en","title":{"rendered":"Judiciary and Transitional Justice Bulletin in Egypt ( July 30 to August 15, 2026)"},"content":{"rendered":"

\"\"<\/p>\n

Bulletin Summary:<\/b><\/u><\/span><\/span><\/p>\n

    \n
  1. \n

    Arrest and enforced disappearance of 4 citizens from Sharqia Governorate.<\/span><\/span><\/p>\n<\/li>\n

  2. \n

    Release of citizen Abdullah Rabie Ibrahim Ramadan after 11 years of pretrial detention and recycling.<\/span><\/span><\/p>\n<\/li>\n

  3. \n

    Film director Omar Marei complains of restricted medical care during his detention renewal session, and the State Security Prosecution renews his remand.<\/span><\/span><\/p>\n<\/li>\n

  4. \n

    Recycling \u201cTadweer\u201d of 43 citizens in Sharqia Governorate after disrupting their release procedures.<\/span><\/span><\/p>\n<\/li>\n

  5. \n

    The Supreme Constitutional Court affirms the legality of a special attorney’s presence in felony cases.<\/span><\/span><\/p>\n<\/li>\n

  6. \n

    Expansion of electronic judicial notifications in preparation for implementing the new Criminal Procedure Code.<\/span><\/span><\/p>\n<\/li>\n

  7. \n

    Physical assaults on prisoners in Minya High-Security Prison.<\/span><\/span><\/p>\n<\/li>\n<\/ol>\n

    Bulletin Items:<\/b><\/u><\/span><\/span><\/p>\n

    First. <\/b><\/u><\/span><\/span><\/span>Arrest and Enforced Disappearance <\/b><\/u><\/span><\/span>:<\/b><\/u><\/span><\/span><\/span><\/p>\n

    Arrest and Enforced Disappearance of 4 Citizens from Sharqia Governorate:<\/b><\/span><\/span> On August 10, security forces at the Husseniyya Police Station in Sharqia Governorate arrested Dr. Magdy Ismail, Dr. Mohamed Zaazou, Atwa Lamloum Al-Tahawy, and Engineer Rajab Al-Kharrat, taking them to an undisclosed location without bringing them before any investigating authority. This incident demonstrates the executive authorities’ disregard for constitutional and legal guarantees regarding personal liberty; arrests or freedom restrictions must only occur under the law, with mandatory notification of charges, access to legal rights, and presentation to the competent investigating authority within legally prescribed deadlines. Detaining individuals in undisclosed locations, denying families or lawyers knowledge of their whereabouts without prosecutorial presentation, raises suspicions of unmonitored detention, undermining fair trial guarantees and protection against arbitrary detention. <\/span><\/span><\/p>\n

    Second. Interrogation Following Enforced Disappearance and Recycling into New Cases:<\/b><\/u><\/span><\/span><\/p>\n

    Interrogation of a Student Appearing After 42 Days of Disappearance Following Arrest from Examination Hall:<\/b><\/span><\/span> On August 2, 2026, Tariq Gouda, Prosecutor at the Supreme State Security Prosecution, interrogated student Mohamed Nasser Mohamed Mohamed after his reappearance following a 42-day enforced disappearance following his June 2, 2026 arrest inside a Sharia and Law Faculty examination hall. According to the student’s statement during questioning, he was arbitrarily detained inside a National Security sector facility before being brought before the prosecution on charges of joining a terrorist group and financing terrorism. Reports indicate the interrogator did not address the student’s statements regarding his 42-day detention conditions, nor were steps taken to verify these statements or investigate potential violations suffered during his disappearance.<\/span><\/span><\/p>\n

    Recycling \u201cTadweer\u201d of 43 Citizens in Sharqia Governorate into New Cases:<\/b><\/span><\/span> During the reporting period, the Zagazig Total Prosecution interrogated 43 citizens despite previous release orders for some and completed sentences for others, re-listing them in new cases featuring identical or similar charges. These practices illustrate the repeated use of detention and charges to hold individuals despite judicial or legal orders ending their custody. Recycling detainees into new cases with identical charges circumvents release orders or completed sentences, stripping these decisions of their substance and continuing to restrict personal liberty without an independent procedural basis. From a human rights perspective, this practice directly violates the right to liberty and security of person, raising serious concerns about respect for the authority of judicial decisions, safeguards against arbitrary detention, and fair trial principles.<\/span><\/span><\/p>\n

    Third. Pre-trial Detention and its Violations:<\/b><\/u><\/span><\/span><\/p>\n

    Film Director Omar Salah Marei Complains of Restricted Medical Care; State Security Prosecution Renews Detention for 15 Days:<\/b><\/span><\/span> During his detention renewal session on August 3 in Case No. 3383 of 2026 (State Security Emergency), director Omar Marei stated that he felt treated inside the medical complex more as a prisoner than as a patient requiring specialized healthcare. He explained that his medical needs and requests are handled as routine procedures rather than an urgent response to a condition requiring prompt follow-up, completed examinations, and recommended treatment. These statements raise human rights and legal concerns regarding his access to adequate healthcare, as detention does not strip an individual of the right to proper medical care, nor should detention restrictions impede necessary exams and treatment. Failing to respond promptly and seriously to a detainee’s medical needs compromises their right to bodily integrity and health, necessitating an investigation into his treatment conditions and access to prescribed care. At the session’s conclusion, Mohamed Sabry, Prosecutor at the Supreme State Security Prosecution, renewed Omar Salah Marei’s detention for 15 days without commenting on his statements. <\/span><\/span><\/p>\n

    Fourth<\/b><\/u><\/span><\/span>: <\/b><\/u><\/span><\/span><\/span>Release Between Decision and Execution<\/b><\/u><\/span><\/span>:<\/b><\/u><\/span><\/span><\/span><\/p>\n

    After 11 Years of Detention and Recycling: Decision to Release Abdullah Ramadan While Detention Continues:<\/b><\/span><\/span> Following 11 years of detention and recycling across multiple cases since his initial arrest in 2015, the Terrorism Circuit at the Zagazig Criminal Court in Sharqia Governorate issued a decision on August 9 to release citizen Abdullah Rabie Ibrahim Ramadan under precautionary measures in Case No. 12225 of 2024 (Zagazig Misdemeanors). Despite the release order, he remains in custody amid concerns that he may be recycled into a new case, effectively stripping the judicial order of its legal effect and using recycling as a tool to prolong detention. This incident highlights the need for the immediate, actual execution of release orders, ensuring no individual remains detained without a clear, independent legal basis that aligns with the presumption of innocence and the exceptional nature of pretrial detention. <\/span><\/span><\/p>\n

    \n

    <\/a> Fifth. Trials:<\/b><\/u><\/span><\/span><\/span><\/h3>\n

    The first half of August 2026 witnessed trials involving approximately 1,655 citizens across 55 cases, mostly Supreme State Security felonies, before the Terrorism and Appellate Terrorism Circuits at the Badr Courts Complex inside Badr Prison. Several of these trials exhibited legal flaws and lacked fair trial standards, including: <\/b><\/span><\/span><\/p>\n

    Mohamed Waleed: Continuous Detention and Transport Trips Endangering His Health:<\/b><\/span><\/span> On August 10, the Second Terrorism Circuit at the Cairo Criminal Court (held at Badr Prison), presided over by Judge Wajdi Abdel Moneim alongside Judges Abdel Jaleel Muftah and Diaa Amer, postponed the trial of Mohamed Waleed and 8 co-defendants in Case No. 12879 of 2025 (Fifth Settlement Felonies, publicly known as the “Fifth Settlement Cell” case) to October 14, 2026, ordering his continued detention. This decision came despite his health condition as a person with disabilities, as he suffers from dwarfism, skeletal dysfunction, and complete nasal obstruction requiring mouth-breathing, alongside needing periodic medical intervention to drain excess brain fluid. Proceeding with trial measures under these health conditions raises serious concerns regarding the court’s consideration for his special needs and the availability of necessary safeguards to enable his effective participation without his health obstructing his legal rights. These safeguards are practically non-existent given his detention and transport conditions: he is held at Wadi El-Natrun Prison\u2014roughly 150 kilometers from the court\u2014and transported in handcuffs inside metal transport vans whose steps he cannot climb unassisted. During the previous two hearings, the transport journeys caused him to collapse from exhaustion due to high temperatures and poor ventilation, compounded by his inability to breathe through his nose.<\/span><\/span><\/p>\n

    Trial in Absentia: Supreme Constitutional Court Affirms Legality of Special Attorney Representation:<\/b><\/span><\/span> On August 1, the Supreme Constitutional Court, presided over by Judge Boulos Fahmy, rejected a constitutional challenge against Articles (384) and (395\/Paragraphs 1 & 2) of the Criminal Procedure Code regarding the admissibility of a special attorney representing an absent defendant or convict before the Criminal Court, rendering the resulting judgment an in-person ruling (<\/span><\/span>presence<\/i><\/span><\/span>). From a human rights standpoint, this ruling provides an important procedural guarantee by allowing defendants to exercise their right to defense through an appointed lawyer without requiring personal attendance, thereby preventing detention or liberty restrictions solely to ensure court appearance. This framework reinforces the defendant’s right to choose how to present their defense\u2014provided the legal representation is effective and complete, allowing the attorney to exercise all defense rights, present motions, and debate evidence to balance the demands of justice with fair trial guarantees.<\/span><\/span><\/p>\n

    <\/a> Sixth. Executive and Judicial Actions (Negative or Positive):<\/b><\/u><\/span><\/span><\/span><\/h3>\n

    A) Judicial Council<\/b><\/span><\/span><\/p>\n

    Organizing Competencies of the Technical Office and Criminal Administration at Cairo Court of Appeal:<\/b><\/span><\/span> On August 2, Judge Majdi Ali Qasim Salama, President of the Cairo Court of Appeal, issued Decree No. 107 of 2026 regarding the composition and competencies of the Technical Office and facility administration to enhance efficiency and inter-departmental integration. Judge Mohamed Mahmoud Hassan Ghourab assumed leadership of the Technical Office, supervising members across headquarters and affiliated branches. Meanwhile, Judge Ibrahim Abdel-Hai Mohamed Mustafa was assigned to oversee the Criminal Administration. Responsibilities include assigning felony cases to court sessions per geographic jurisdiction set by the General Assembly, processing judge recusal requests, scheduling retrial sessions, issuing asset freezes and travel bans, managing prosecution requests for terrorism roster listings, and reassigning cases due to conflicts of interest, recusals, or judicial disqualification challenges.<\/span><\/span><\/p>\n

    Expanding Electronic Judicial Notifications for the New Criminal Procedure Code: <\/b><\/span><\/span>On August 4, the President of the Supreme Judicial Council signed a cooperation protocol with the National Postal Authority to utilize registered email services for serving judicial notifications and notices, preparing for the new Criminal Procedure Code scheduled to take effect on October 1, 2026. The protocol introduces an official digital channel into judicial service procedures to expedite notifications while requiring verifiable delivery to safeguard citizens’ rights to timely legal notice and participation.<\/span><\/span><\/p>\n

    B) Public Prosecution<\/b><\/span><\/span><\/p>\n