First: The most important justice news in a week “From 10 to 16 June 2021”
1- The Court of Cassation sentenced 12 defendants to death and 63 others to life in prison in the case of “Rabaa al-Adawiya sit-in dispersal”. (Rulings)
2- Human rights lawyer Mohamed Ramadan was recycled/rotated (added) to a new case and ordered detained. (Investigation)
3- Exceptional courts renewed the detention of 672 citizens. (Detention renewal)
4- Ordering the release of Dr. Abdel-Moneim Abo El-Fetouh before he was ordered detained, pending a new case. (Release order)
5- Introducing amendments by adding two new articles to the Constitutional Court Law. (Legislation)
6- Ordering the release of Hossam Bahgat, founder of the Egyptian Initiative for Personal Rights (EIPR) with his personal guarantee/capacity. (Release order)
7- Freeing human rights lawyer Sayed Al-Banna. (Set free)
8- A fine of up to 300,000 EGP as a penalty for filming or broadcasting criminal sessions. (Legislation)
Second: Details and monitoring of justice news this week:
1- Investigations:
13 June 2021
- The Supreme State Security Prosecution interrogated 69 citizens from different governorates- after enforced disappearance of varying lengths of time- on charges of joining a terrorist group, publishing false news and data, and misusing social media.
- The 10th of Ramadan Prosecution interrogated 21 citizens from Al-Sharqyia governorate- after receiving release orders- on a charge of joining a terrorist group.
15 June 2021
- The Supreme State Security Prosecution interrogated 28 citizens from different governorates- after they had been forcibly disappeared for varying lengthy periods- on charges of joining a terrorist group, spreading false news, and misusing social media.
- The Supreme State Security Prosecution interrogated human rights lawyer Mohamed Ramadan– after ordering his release- pending Case No 910 of 2021 on a charge of joining a terrorist group with knowledge of its purposes.
2- Detention renewals:
13 June 2021
- Cairo Criminal Court’s 3rd circuit considered the detention renewal session of 222 citizens in cases No. (984 of 2020, 975 of 2020, 970 of 2020, 955 of 2020, 90 of 2021, 867 of 2005, 865 of 2020, 864 of 2020, 855 of 2020, 810 of 2019, 800 of 2019, 65 of 2021, 534 of 2020, 467 of 2020, 33 of 2021, 1781 of 2019, 1413 of 2019, 1269 of 2019, 1175 of 2018, 1111 of 2020, 1107 of 2020, 1057 of 2020, 1053 of 2020, 1052 of 2020, 1018 of 2020 1017 of 2020) State Security.
- The General Prosecution of the Zagazig Court considered the detention renewal of 5 citizens from Al-Sahrqyia governorate on a charge of joining a terrorist group.
- Abo Hammad Prosecution considered the detention renewal session of 3 citizens from Al-Sharqyia governorate on a charge of joining the Muslim Brotherhood group.
14 June 2021
- Cairo Criminal Court’s 3rd circuit considered the detention renewal session of 310 citizens in cases No. (960 of 2020, 955 of 2020, 880 of 2020, 810 of 2019, 680 of 2020, 488 of 2019, 1956 of 2019, 1781 of 2019, 1360 of 2019, 1300 of 2020, 1196 of 2020, 1116 of 2020, 1111 of 2020, 1107 of 2020, 1106 of 2020, 1052 of 2020, 1018 of 2020, 1017 of 2020).
15 June 2021
1- Cairo Criminal Court’s 3rd circuit considered the detention renewal session of 154 citizens in cases No. (955 of 2020, 810 of 2019, 786 of 2020, 730 of 2020, 58 of 2020, 558 of 2020, 534 of 2020, 335 of 2020, 955 of 2017, 1898 of 2019, 1780 of 2019, 1555 of 2018, 1551 of 2018, 1111 for the year 2020, 1052 of 2020).
3- Release orders:
12 June 2021
- Zagazig Criminal Court ordered the release of lawyer Saied Al-Sayed Soliman on bail of 5000 EGP on a charge of joining a terrorist group with knowledge of its purposes.
13 June 2021
- Cairo Criminal Court ordered the release of 8 defendants with precautionary measures pending Case No. 855 of 2020 State Security.
- Cairo Criminal Court ordered the release of two defendants with precautionary measures pending Case No. 955 of 2021 State Security.
- Cairo Criminal Court ordered the release of 3 defendants with precautionary measures pending Case No. 65 of 2021 State Security.
14 June 2021
- Cairo Criminal Court ordered the release of Reda Fath Al-Bab Mahmoud with precautionary measures pending Case No. 1196 of 2020 State Security.
- Cairo Criminal Court ordered the release of two defendants with precautionary measures pending Case No. 488 of 2019 State Security.
15 June 2021
- The Supreme State Security Prosecution ordered the release of Dr. Abdel-Moneim Abo El-Fetouh pending Case No. 440 of 2018 State Security; for exceeding the maximum pretrial detention period prescribed by law.
- Cairo Criminal Court ordered the release of lawyer Mohab El-Ebrashi with precautionary measures pending Case No. 1898 of 2019 State Security.
16 June 2021
- Cairo Court of Appeal ordered the release of Hossam Bahgat, founder of the Egyptian Initiative for Personal Rights (EIPR) with his personal guarantee/capacity, after hearing his statements in the accusations of “insulting the National Election Commission, publishing false news of electoral fraud, and using online accounts to commit the two mentioned crimes”.
4- Setting free
14 June 2021
- Setting free citizen Howayda Ahmed Hussein after being detained for more than a week following the court’s decision to replace her pretrial detention with precautionary measures pending Case No. 880 of 2020.
15 June 2021
- Setting free lawyer Sayed Ali Abdel-Aal “Sayed Al-Banna” after being illegally detained for several days following the court’s decision to replace his pretrial detention with precautionary measures pending Case No. 880 of 2020.
5- Trials
12 June 2021
- El-Ebrahimyia Emergency State Security Misdemeanor Court considered the trial session of 10 defendants from Al-Sahrqyia governorate on a charge of joining a terrorist group.
- Cairo Criminal Court’s 5th terrorism circuit considered the trial of 12 defendants in the case known in the media as “ISIS-Imbaba Cell”.
13 June 2021
- Cairo Criminal Court’s 1st terrorism circuit considered the adjournment of the trial of 12 defendants in the case known in the media as “Hesham Ashmawi Cell”.
- Cairo Criminal Court’s 5th terrorism circuit considered the adjournment of the trial of 3 defendants in the case known in the media as “Al-Waili Terrorism”.
14 June 2021
- Cairo Criminal Court set the retrial procedures of one defendant in the case known in the media as “Nasr City Police Station raid attempt” for adjudication.
- Cairo Criminal Court’s 5th terrorism circuit set the trial of 3 defendants in the case known in the media as “Al-Marg’s Quantitative Committees Cell” for adjudication.
- Cairo Criminal Court’s 5th terrorism circuit extended the sentencing hearing in the retrial of one defendant in the case known in the media as “Al Mataryia violence incidents”.
- North Cairo Criminal Court’s 10th circuit adjourned the trial of 3 defendants in the case publicly known as “Fairmont Hotel”.
15 June 2021
- Cairo Criminal Court adjourned the trial of 22 defendants accused of detaining and torturing a citizen and killing another one; as the defendants agreed to cooperate with the security services to report against the terrorist group’s members.
- Cairo Criminal Court adjourned the trial of 12 defendants in the case known in the media as “ISIS- Imbaba Cell” after hearing the testimony of Egyptian preacher Muhammad Hussein Yaqoub.
- Cairo Criminal Court adjourned the retrial of two defendants in the case known in the media as “Al-Zeitoun Cell I”.
- Minya Criminal Court set the trial of 76 defendants accused of storming the Samalout Police Station amid the dispersal of Rabaa and Al-Nahda Sit-ins for adjudication.
- Cairo Criminal Court adjourned the trial of 11 defendants in the case known in the media as “Al-Morabetien Cell II”.
6- Rulings
13 June 2021
- Minya El-Qamh Emergency State Security Misdemeanor Court sentenced 13 defendants from Sharqyia governorate to three years in prison on a charge of possessing publications that incite against the state.
14 June 2021
- Sharqyia Terrorism Misdemeanor Court sentenced 3 defendants from Minya Al-Qamh region to three years in prison for possessing publications inciting to violence against the state.
- The Court of Cassation upheld the death sentences for 12 defendants and commuted the death penalty for 63 other defendants to life imprisonment, with the abatement of criminal proceedings against one defendant after his death in custody, in the case known in the media as “Rabaa Sit-in dispersal”.
15 June 2021
- The Military Ruler mitigated the ruling against 2 citizens (from Al-Sharqyia governorate) from two years in prison and a fine of 500 EGP to one year in prison with the same amount of fine.
- The Military Ruler mitigated the ruling against 6 citizens (from Al-Sharqyia governorate’s Abo Hammad center) from two years in prison and a fine of 500 EGP to one year in prison with the same amount of fine.
- Cairo Criminal Court sentenced one defendant to 10 years in high-security prison in the case known in the media as “Al-Mataryia violence incidents”.
16 June 2021
- Sharqyia Terrorism Misdeamonor Court sentenced two defendants from Minya Al-Qamh center to three years in prison on a charge of possessing publications that incite against the state.
7- The Administrative and Constitutional Court
12 June 2021
- The Court of Administrative Justice ruled to punitively halt, for one month, the proceedings and consideration of the appeal demanding to amend Article 140 of the Constitution that allows the President of the Republic to be re-elected for more than one term in accordance with Articles 128 and 226 of the Constitution.
14 June 2021
- The Court of Administrative Justice referred the appeal filed by Mortada Mansour demanding to reverse and suspend the implementation of the Minister of Youth and Sports’ decision to release the new financial regulations/bylaw for sports clubs. The court decided to refer the case to the State Commissioners Authority.
15 June 2021
- The Court of Administrative Justice referred the lawsuit demanding to annul the pharmaceutical mandate system and replace it with the new system established by the Civil Service Law, i.e. conducting a scientific examination for pharmacists and decide who is deserved to be appointed or mandated based on their results in the exam. The court decided to refer the case to the State Commissioners Authority.
8- Legislation and decisions
13 June 2021
The Parliament decided to amend Law No. 71 of 2021 by adding a new article to Article 186 bis of the Penal Code, stipulating that: ” Without prejudice to any more severe penalty, a fine of no less than one hundred thousand pounds and not more than three hundred thousand pounds shall be imposed on whoever photographs, films or records words or clips, publishes or broadcasts a specialized court session set to consider a criminal case without the permission of the head of the competent court after consulting the Public Prosecution, and in this case, the device and any other means used in the crime shall be confiscated, or have their content omitted, and the fine is doubled in case of recurrence.”
14 June 2021
The Parliament’s Legislative Committee has finally approved a bill amending two articles in the Supreme Constitutional Court Law. The first of which involves the right of the court to supervise the constitutionality of the decisions issued by international organizations and adjudicative bodies against the state, and the second article guarantees that the Prime Minister may request from the President of the Constitutional Court to disregard the aforementioned decisions and provisions as well as or the obligations resulting from their implementation.
9- Judicial statements
12 June 2021
- The Public Prosecution announced launching the electronic criminal justice program/ application within the Port Said governorate. The application electronically combines the partial and appealed misdemeanor courts in implementation of the government’s digital transformation policy.
- The Public Prosecution announced the trial operation of 12 digital offices for family prosecution services in implementation of the digital transformation policy.
15 June 2021
- The Public Prosecution handed over to the Italian Ambassador to Egypt copies of its official documents on the murder of Italian researcher Giulio Regeni. The report said there was currently no basis for filing a criminal case against any of the Egyptian police officers and personnel over the killing of the Italian student.
10- ANHRI’s comments
- The ruling issued by the Court of Cassation upholding the death sentences against 12 defendants involved in the “Rabaa Sit-in dispersal” case verifies the use of the judiciary as a tool to crack down on political opponents in recent years. It also shows that there is a significant spike and expansion in executions in Egypt in 2020, making it the world’s third most frequent executioner, despite the fact that many trials are marred by the absence of minimum fair trial guarantees.
- Moreover, the government bill adding two articles to the Supreme Constitutional Court Law raises legal experts’ eyebrows, questioning the possibility of a local court to rescind or suspend the implementation of a decision issued by organizations that are established in accordance to the rules of international law and that are voluntarily joined by many countries as members. And hence a legitimate question can be raised here: does this bill aim to evade international accountability regarding human rights violations in the future?
- On the other hand, the exceptional courts’ extending the detention of about 672 defendants emphasizes the urgent need to put an end to the severe expansion of pretrial detention orders, as thousands of citizens have become under the guillotine of such procedure only because voiced their opinion.
- The rotation of human rights lawyer Mohammed Ramadan adding him to a new case while in custody also consolidates such abhorrent and extraneous phenomenon in the judicial sphere “rotation/recycling” and proves to all people that the security services have the upper hand and are above the rights and freedoms of citizens.
- A weekly newsletter that monitors the most important investigations, trials, and proceedings related to justice and respect for the rule of law, which took place during the week (from Thursday to Wednesday). It is based on the work carried out by ANHRI’s Criminal Justice Program team, in addition to media reports and the news published by the Official Gazette, and concludes with ANHRI’s comments and opinion on the incidents being monitored.
