* “The most important investigations, trials and procedures related to justice and respect for the rule of law that took place in a week, and ANHRI’s comment on them”
First: The most important justice news in a week (From 7 October to 13 October 2021)
- The State Security Prosecution has ordered the release of Mrs. Bahira Ibrahim, wife of businessman Safwan Thabet, after interrogating her on charges of spreading false news (Release order)
- The Fourth Circuit (Terrorism) at Cairo Criminal Court has considered the detention renewal of 1,096 citizens from those held in pretrial detention pending state security cases (Detention renewals)
- Cairo Criminal Court has considered the trial of human rights lawyer Hoda Abdel Moneim, Aisha Al-Shater and a number of activists from the Egyptian Coordination for Rights and Freedoms on charges of financing and promoting a terrorist group (trials)
- The Military Appeals Court upheld the life imprisonment and high-security prison sentences handed down against 293 defendants in the case known in the media as “Sisi assassination attempt” (Rulings)
- The Public Prosecutor has launched the public prosecutor’s strategy for digital transformation in all public prosecution offices, and set a time limit for the implementation of that strategy for a maximum of three years (Judicial statements).
Second: Details on the monitoring of justice news this week:
1- Investigation
10 October 2021
1- The State Security Prosecution interrogated 19 citizens after arresting them from different governorates on different dates, on charges of joining a terrorist group, publishing false news and statements, and misusing social media.
11 October 2021
1- The State Security Prosecution interrogated 18 citizens after arresting them from different governorates on different dates, on charges of joining a terrorist group, publishing false news and statements, and misusing social media.
12 October 2021
1- The State Security Prosecution interrogated 20 citizens after arresting them from different governorates on different dates, on charges of joining a terrorist group, publishing false news and statements, and misusing social media.
2- Detention renewal
9 October 2021
1- The Fourth Circuit (Terrorism) at Cairo Criminal Court, convened at the Police Cadets Institute, considered the detention renewal of 274 citizens pending the following cases: No 960 of 2020, 880 of 2020 which involves dentist Walid Shawqi, whose detention was renewed for 45 days, No 65 of 2021 which includes activist Nermin Hussein, whose detention was renewed for 45 days.
10 October 2021
1- The Fourth Circuit (Terrorism) at Cairo Criminal Court, convened at the Police Cadets Institute, considered the detention renewal of 262 citizens pending the following cases: 977 of 2017, 970 of 2020, 674 of 2019, 640 of 2018, 706 of 2019, 680 of 2020, 649 of 2020, 551 of 2019, 535 of 2020, 1956 of 2019, which includes human rights lawyer Haytham Mohamdein who received a 45-day detention renewal order, 1475 of 2019, 1365 of 2018, 1300 of 2020, 1057 of 2020, and 1054 of 2020 State Security.
11 October 2021
1- The Fourth Circuit (Terrorism) at Cairo Criminal Court, convened at the Police Cadets Institute, considered the detention renewal of 145 citizens pending the following cases: 924 of 2021, of 2021, 912 of 2021, 911 of 2021, 910 of 2021, 909 of 2021, 908 of 2021, 755 of 2021, 65 of 2021, 626 of 2021, 620 of 2021, 238 of 2021 which involves Journalist Tawfiq Ghanem, whose detention was renewed for 45 days, 1780 of 2019, 1360 of 2019, 1175 of 2018, 878 of 2021, 657 of 2021, 571 of 2021, 484 of 2021, 260 of 2021, 240 of 2021 Supreme State Security.
12 October 2021
1- The Fourth Circuit (Terrorism) at Cairo Criminal Court, convened at the Police Cadets Institute, considered the detention renewal of 1018 citizens pending the following cases: No 1018 of 2020, 1058 of 2020, 1116 of 2020, 1196 of 2020, 26 of 2021, which includes journalist writer Hussein Karim, 563 of 2020, 566 of 2020, and 955 of 2020 which includes photojournalist Hamdi Al-Zaeem, 575 of 2020 State Security.
2- Al-Zagazig Criminal Court renewed the detention of Quranic teacher Reda Abdel Rahman for 45 days in Case No. 3418 of 2020 Kafr Saqr State Security Misdemeanor.
13 October 2021
1- The Fourth Circuit (Terrorism) at Cairo Criminal Court, convened at the Police Cadets Institute, considered the detention renewal of 239 citizens pending the following cases: No 867 of 2005, 656 of 2021, 502 of 2020, 1780 of 2019, 786 of 2020, 620 of 2021, 534 of 2020, 730 of 2020, 1111 of 2020, 1056 of 2020, which involves labor leader Rashad Kamal among the defendants.
3- Release Orders
9 October 2021
1- The Fourth Circuit (Terrorism) at Cairo Criminal Court ordered the release of 4 defendants with precautionary measures pending Case No. 880 of 2020 State Security.
2- The Fourth Circuit (Terrorism) at Cairo Criminal Court ordered the release of 3 defendants with precautionary measures pending Case No. 960 of 2020 State Security.
3- The State Security Prosecution ordered the release of Bahira Ibrahim, wife of businessman Safwan Thabet, who is being held on remand detention, on bail of EGP 5,000 after interrogating her on a charge of spreading false news and statements.
10 October 2021
1- The Fourth Circuit (Terrorism) at Cairo Criminal Court ordered the release of 3 defendants with precautionary measures pending Case No. 970 of 2020 State Security.
2- The Fourth Circuit (Terrorism) at Cairo Criminal Court ordered the release of one defendant with precautionary measures pending Case No. 551 of 2019 State Security.
3- The Fourth Circuit (Terrorism) at Cairo Criminal Court ordered the release of one defendant with precautionary measures pending Case No. 1475 of 2019 State Security.
4- The Fourth Circuit (Terrorism) at Cairo Criminal Court ordered the release of 13 defendants with precautionary measures pending Case No. 1956 of 2019 State Security.
5- The Fourth Circuit (Terrorism) at Cairo Criminal Court ordered the release of one defendant with precautionary measures pending Case No. 1365 of 2018 State Security.
6- The Fourth Circuit (Terrorism) at Cairo Criminal Court ordered the release of two defendants with precautionary measures pending Case No. 535 of 2020 State Security.
7- The Fourth Circuit (Terrorism) at Cairo Criminal Court ordered the release of one defendant with precautionary measures pending Case No. 1057 of 2020 State Security.
4- Trials
9 October 2021
1- The Fifth Circuit of Terrorism adjourned the trial of 12 defendants in the case known in the media as “ISIS-Imbaba” for the hearing of 6 November for pleading.
10 October 2021
1- The First Terrorism Circuit adjourned the trial of Mohamed Badie, the MB Guide, and Mahmoud Ezzat along with 77 defendants in the case known in the media as “Al-Manassa incidents” for the hearing of the first of November to continue checking the exhibits.
11 October 2021
1- The Fifth Terrorism Circuit adjourned the trial of human rights lawyer Hoda Abdel-Moneim and Aisha Khairat Al-Shater and 29 others in the case No 1552 of 2018 for the hearing of 9 November to hear the witnesses.
2- The first terrorism circuit, convened at the Police Cadets Institute in Tora, adjourned the trial of 215 defendants in the case known in the media as “Helwan Brigades” for the hearing of 14 November to hear the pleadings.
12 October 2021
1- The fifth terrorism circuit, convened at the Police Cadets Institute in Tora, adjourned the trial of 3 defendants, including a fugitive, in the case known in the media as “Al-Waili terrorist cell” for the December 14 session for the defense pleading.
2- The first terrorism circuit, convened at the Police Cadets Institute in Tora, adjourned the trial of 12 defendants in the case known in the media as “Hisham Ashmawi cell” for the November 16 session to continue the defense pleading.
13 October 2021
1- The 2nd October Misdemeanor Court set the trial of Magdy Shendy, editor of chief of “Al-Mashhad” newspaper, and journalist Hany Ryiad along with Dr. Abdel Fattah Al-Banna, Professor of Archeology, in the libel and defamation case filed by former Minister of Antiquities Zahi Hawass, for adjudication at the hearing of 27 October 2021.
5- Trials
9 October 2021
1- The 1st circuit at the Economic Misdemeanor Court in Cairo sentenced Dr. Amr Khairy and two others to two years in prison while obliging them to pay EGP 20,000 as compensation in the case known in the media as “prostrating to the dog incident”.
10 October 2021
1- The 5th terrorism circuit, convened at the Police Cadets Institute, ordered the acquittal of one defendant into his retrial procedures in the case known in the media as “Al-Basateen violence incidents”.
13 October 2021
1- The high court of military appeals turned down the appeals submitted by 983 defendants and upheld the life and high-security prison sentences handed down in the case known in the media as “Al-Sisi assassination attempt”.
2- The high court of military appeals turned down the appeals submitted by 206 defendants and upheld the life and high-security prison sentences handed down in the case known in the media as “The Assistant Public Prosecutor assassination attempt”.
6- Administrative and constitutional judiciary:
7 October 2021
1- The Supreme Constitutional Court approved an important judicial principle that invalidates the imposition of an anti-freedom penalty on those working in the theatrical, cinema or music arts without obtaining a permit from the competent union or syndicate. The court found Article 5 bis of Law No. 35 of 1978 regarding the establishment of unions and the Federation of Acting, Film and Musical Professions unconstitutional and replaced it by Law No. 8 of 8 of 2003.
9 October 2021
1- The Supreme Constitutional Court ruled, in Lawsuit No. 97 of Judicial Year 30, the Item (E) of Article 502 of the Civil Code unconstitutional, with regard to the gift granted from parents to sons.
2- The Supreme Constitutional Court ruled to reject Lawsuit No. 4 of 40 judicial year, which was filed to challenge the constitutionality of Articles (163 and 222/1) of the Civil Code, regarding the obligation of those who committed a mistake to compensate the aggrieved for the material and moral damages he sustained.
7- Legislations and Resolutions:
7 October 2021
1- The Council of Ministers approved a draft law amending some provisions of Law No. 58 of 1978 regarding mayors and sheikhs, for being among those in charge of maintaining security and tranquility in Egyptian villages.
8- Judicial statements:
9 October 2021
- The Public Prosecutor announced the launch of the Public Prosecution’s strategy for digital transformation. It set a maximum period of three years for the implementation of this strategy,, provided that public policies, plans and executive programs are implemented over three time periods, all starting from the launch of the strategy, the short term of which will be over at the end of September 2022, the medium term at the end of September 2023, and the long term at the end of September 2024.
10 October 2021
1- The Public Prosecution ordered the detention of three people accused of dumping 18,400 unused Covid-19 vaccine jabs worth EGP 5,023,200 in Bani Mazar city, Minya governorate.
12 October 2021
1- The spokesperson for the Administrative Prosecution stated that the Administrative Prosecution’s authenticated account on Instagram was attempted to be hacked. He explained that the Administrative Prosecution had taken all legal measures regarding the incident, retaining the official account and prosecuting the perpetrators of the crime that falls under the cybercrime law.
Final Comment:
1- The criminal court’s terrorism circuit adjourned the trial of human rights lawyer Hoda Abdel Moneim and Aisha Al-Shater along with others for the next November 9 session, while it didn’t respond to the requests made by the defense team demanding that the defendants undergo forensic medical examination to investigate their complaints and reports of torture, which are proven in Public Prosecution’s inspection during the start of the investigation. They also demanded the release of the defendants for exceeding the maximum period stipulated by law, as well as the summoning of the prosecution witnesses from the National Security officers to re-question them. On the other hand, the court responded to the request of lawyer Hoda Abdel Moneim to be examined by the prison doctor, and to the inquiring from the prosecution about the defendants’ forensic medicine examination and the inclusion of the reports of the National Council for Human Rights for the years starting from 2014 until the date of referral. In the meantime, the court ordered the continuation of the detention of all the defendants.
2- The new judicial year’s formal changes haven’t positively affected the formation of the four terrorism circuits, convened at the Police Cadets Institute in Tora Prison Complex, which are considering the detention renewal of the defendants held on remand pending the State Security Prosecution cases. Such changes haven’t caused any improvement or a breakthrough. Rather, the fourth circuit had considered, throughout for five days, the detention renewal of 1096 defendants. Of whom, it didn’t release except only no more than one hundred people, out of those thousands who are suffering the scourge of pretrial detention and some of them have already exceeded the legal limit for pretrial detention period as prescribed by law.
3- The Supreme Court of Military Appeals rejecting all the appeals submitted the defendants accused in the cases of “Sisi attempted assassination” “Assistant Public Prosecutor assassination attempt” has closed the last chapter of most important exceptional trials against 496 defendants who appeared before the military court by upholding the life and high-security prison sentences handed down against them.
4- The State Security Prosecution summoning and interrogating Mrs. Bahira Ibrahim, wife of businessman Safwan Thabet, against the backdrop of filing many appeals demanding the release of her husband and son, who are being held in detention on charges of joining a terrorist group and spreading false news, comes to further complicate the issue regarding the possibility of imprisoning members of the family that owns the Juhayna Group. But the Public Prosecution decision to release her on bail of EGP 5,000 retained the matter to its original course.
* 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.
