* “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 (From14 October to 20 October 2021)
- The Supreme State Security Prosecution interrogated 70 citizens, who were arrested on different dates and from different governorates, on charges of joining a terrorist group and spreading false news (investigations)
- The trial of human rights lawyer Zyiad Al-Alimi, journalists Hossam Mounis and Hisham Fouad, human rights lawyer Muhammad Al-Baqer, bloggers Alaa Abdel-Fattah and Muhammad Oxygen, and engineer Yehyia Hussein Abdel-Hadi before the Emergency State Security Courts has been adjourned on charges of spreading false news (trials)
- Zagazig Criminal Court has sentenced, in absentia, media professionals Moataz Matar and Hossam Al-Shorbagy, to 15 years in high-security prison for insulting the head of the Eastern Emergency State Security Misdemeanor Court (rulings)
- The President of the South Cairo Court of First Instance has banned dealing with the applications submitted by lawyers with attached powers of attorney that have reached a period of seven years (decisions and legislation)
- The Court of Cassation has rejected the appeal submitted by the accused who is known as “Giza “serial killer” challenging the death sentence handed down against him, making it final and enforceable ruling (judicial ruling)
- The Ministry of Interior has granted one exceptional visit to all inmates (prisoners and pretrial detainees) in Egyptian prisons on the occasion of Al-Mawled al-Nabawi (anniversary of Prophet Muhammad’s birthday) (Prison News)
Second: Details on the monitoring of justice news this week:
1- Investigations
14 October 2021
1- The State Security Prosecution interrogated 12 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.
16 October 2021
1- The State Security Prosecution interrogated 15 citizens from different governorates on charges of joining a terrorist group and publishing false news and statements.
17 October 2021
1- The State Security Prosecution interrogated 16 citizens from different governorates on charges of joining a terrorist group and publishing false news and statements.
18 October 2021
1- The State Security Prosecution interrogated 14 citizens from different governorates on charges of joining a terrorist group and publishing false news and statements.
2- Al-Salam Prosecution interrogated engineer Ramy Saleh Abdo after arresting him on the 2nd of October 2021 pending Case No. 817 of 2021 Emergency State Security on a charge of joining a terrorist group.
3- Zagazig Prosecution interrogated citizen Soliman Ahmed Mohamed Selim after he was arrested and illegally detained for 30 days. After interrogation, Selim was ordered detained for 15 days on a charge of joining a terrorist group.
19 October 2021
1- The State Security Prosecution interrogated 13 citizens from different governorates on charges of joining a terrorist group and spreading false news.
2- The State Security Prosecution interrogated pharmacist Isis Mustafa and detained her for 15 days, pending case No. 2214 of 2021 State Security, for allegedly joining a terrorist group, after she appeared on media claiming that she had been assaulted by a number of her co-workers for not wearing the hijab.
2- Detention renewals
18 October 2021
1- Faqous Prosecution renewed the detention of 7 defendants for 15 days on charges of joining a terrorist group with knowledge of its purposes, promoting its views and spreading false news and statements.
19 October 2021
1- North Zagazig Prosecution renewed the detention of 10 defendants for 15 days on charges of joining a terrorist group with knowledge of its purposes, promoting its views and spreading false news and statements.
20 October 20
1- The appeals judge at New Cairo Criminal Court has considered the detention renewal of engineer Ramy Saleh Abdo- arrested on 2 October 2021- pending Case No. 817 of 2021 Al-Salam Emergency State Security on a charge of joining a terrorist group.
3- Release Orders
16 October 20
1- Al-Basateen Police Station set free citizen Karim Al Sayed- ANHRI’s client- in implementation of the probationary release order issued on the 9th of October by Cairo Criminal Court in connection with Case No. 960 of 2020 State Security.
4- Trials
14 October 2021
1- Port Said Criminal Court, convened at the Police Cadets Institute in Tora, adjourned the retrial of 17 defendants in the case known in the media as “Al- Arab police station incidents” for the hearing of 6 November 2021 for pleadings.
2- The Court of Cassation set the appeals submitted by the defendants in the case known in the media as “Ansar Beit Maqdes” for adjudication at the hearing of 11 November.
3- Al-Shawshna Misdemeanor Court set the trial of defendant Ahmed Tahif accused in Case No. 2764 of 2021 for adjudication at the hearing of 28 October.
16 October 2021
1- Zagazig Misdemeanor (terrorism) Court adjourned the trial of 9 defendants for the 13th of November on charges of spreading false news and statements and possessing publications that incite against the state.
2- Zagazig Misdemeanor Court (terrorism) adjourned the trial of 8 defendants for the 6th of November on charges of spreading false news and statements and possessing publications that incite against the state.
3-Zagazig Misdemeanor Court (terrorism) set the trial of 10 defendants accused of spreading false news and statements and possessing publications that incite against the state for adjudication at the hearing of 30 October.
18 October 2021
1- The Nasr City State Security Misdemeanor Court adjourned the trial of engineer Yehia Hussein Abdel-Hady for the hearing set on 25 October, pending Case No. 558 of 2021, in which he is accused of spreading false news and statements.
2- Cairo State Security Misdemeanor Court adjourned the trial of human rights lawyer Mohamed Al-Baqer, bloggers Alaa Abdel Fattah and Mohamed Oxygen pending Case No. 1228 of 2021 Fifth Settlement Emergency State Security in which they are accused of spreading false news and statements for the first of November 2021.
19 October 2021
1- The first circuit (terrorism) at the criminal court has administratively adjourned the retrial procedures of 3 defendants involved in the violence incidents in connection with the case known in the media as “the cabinet incidents”.
2- Belbeis Emergency State Security Misdemeanor Court adjourned the trial of 13 defendants at Minya Al-Qamh Center for the hearing of 21 November on charges of spreading false news and statements.
3- Hehya Emergency State Security Misdemeanor Court set the trial of 4 defendants for adjudication at the hearing of 26 October on charges of spreading false news and statements and possession publications that incite against the state.
20 October 2021
1- Masr Al-Qadeima Emergency State Security Misdemeanor Court has administratively adjourned the trial of human rights lawyer Zyiad El-Eleimy and journalists Hossam Moanis and Hisham Fouad.
5- Trials
14 October 2021
1- Aswan Criminal Court decided to refer the papers of one defendant to the Mufti for being charged in a criminal case with killing a university student after kidnapping her.
2- Zagazig Criminal Court in Sharqyia governorate mitigated the 10-year prison sentence issued against one defendant to 5 years in prison.
3- Faqous Emergency State Security Misdemeanor Court sentenced 9 defendants to one month in prison and a fine of EGP 500 each.
16 October 2021
1- Cairo Criminal Court sentenced one defendant to death for deliberately killing a number of his neighbors in Boulaq Al-Dakrur district.
17 October 2021
1- Belbeis Emergency State Security Misdemeanor Court sentenced 27 defendants to one year in prison on a charge of possessing publications that incite against the state.
18 October 2021
1- Cairo Economic Appellant Misdemeanor Court rescinded the two-year prison sentence issued against the doctor Amr Khairy and the others involved in the case known in the media as “kneeling for the dog case” and mitigated the ruling to one year of imprisonment with the suspension of the implementation of the penalty, while obliging them to pay a fine of 100,000 EGP.
2- Zagazig Criminal Court in Sharqyia governorate sentenced Moataz Matar and Hossam El-Shorbay to 15 years in prison in connection with Case No. 2470 of 2021 Zagazig on a charge of insulting the president of Zagazig Misdemeanor Court.
19 October 2021
1- The Court of Cassation upheld the death sentence issued against “Al-Qazafy Farag” in the criminal case known in the media as “Giza serial killer”.
2-Hehya Emergency State Security Misdemeanor Court sentenced 10 defendants to one year in prison on a charge of possessing publications that incite against the state.
20 October 2021
1- Minya Criminal Court referred the papers of one defendant to the Mufti in a criminal case over accusation of killing his wife.
6- Administrative and constitutional judiciary:
16 October 2021
1- The Court of Administrative Justice at the State Council referred the case demanding to name a city at the New Administrative Capital after the President of the Republic to the Commissioners Authority for legal opinion.
18 October 2021
1- The First Circuit at the Supreme Administrative Court postponed the consideration of the appeal filed by the National Telecommunications Regulatory Authority (NTRA), which calls for halting the implementation and canceling the ruling issued by the Court of Administrative Justice obliging the NTRA to intervene to compel the licensed Internet services companies in Egypt to block Shiite websites in general and the “Ibn Al-Nafis” news website in particular. The case was adjourned for the 15th of November session.
2- The General Assembly of the Fatwa and Legislation Departments of the State Council decided to exempt the National Media Authority from the documentation and the Real Estate fees, while obliging the Real Estate to return what it may have collected from these fees.
7- Legislation and decisions
14 October 2021
1- Counsellor Mohamed Al-Ghurab, President of the South Cairo Court of First Instance, issued Administrative resolution No. 15 of 2021 prohibiting the acceptance of applications submitted by lawyers when filing cases or any administrative work in case the attached powers of attorney are issued for a period of more than seven years at the time of submitting the application. The resolution stipulates that lawyers should submit a recent power of attorney from the concerned person or submit a recent copy of the power of attorney, or submit a certificate from the competent real estate registry that this power of attorney is valid.
19 October 2021
1- The Official Gazette published the Prime Minister’s resolution No. 2750 of 2021 banning entry of employees working in the state’s administrative apparatus to their workplaces unless after confirming that they received any of the Coronavirus vaccines or submitting negative PCR test certificate for COVID-19, as of 15 November 2021, till the first of December 2021.
8- The Public Prosecution and investigative judges’ decisions
14 October 2021
1- The Supreme State Security Prosecution referred Yehia Hussein Abdel-Hady to Nasr City Emergency State Security Misdemeanor Court in connection with Case No. 210 of 2019, registered under No. 558 of 2021 (Nasr City Emergency State Security Misdemeanor) on a charge of publishing false news and statements.
16 October 2021
1- The Supreme State Security Prosecution referred human rights lawyer Muhammad al-Baqer, blogger and activist Alaa Abdel-Fattah and vlogger Muhammad Oxygen to the New Cairo Emergency State Security Court, with a copy of the investigation reports conducted by the State Security Prosecution in connection with Case No. 1356 of 2019 State Security, registered under No. 1228 of 2021 State Security Misdemeanors Fifth Settlement Emergency, in which they are charged with publishing false news and statements.
9- Prison news
15 October 2021
1- The Ministry of Interior has granted an exceptional visit to all inmates (prisoners and pretrial detainees) on the occasion of Al-Mawled al-Nabawi (anniversary of Prophet Muhammad’s birthday), while taking all necessary precautions to confront the coronavirus. The decision doesn’t include cases and prisons where visitation is prohibited by a decision of the Public Prosecution.
ANHRI’s comment
1- The urgent trial of activist and blogger Alaa Abdel Fattah, client of the Arabic Network for Human Rights Information (ANHRI), along with vlogger Mohamed Oxygen and human rights lawyer Mohamed El-Baqer before the Supreme State Security Misdemeanor Court in New Cairo, as well as the referral of Engineer Yehyia Hussein Abdel Hadi before the State Security Misdemeanor Court in Nasr City, confirm fears of the approach adopted by the Supreme State Security Prosecution in recent period. This approach is represented in bringing prisoners of conscience who have exceeded the legal limit for pretrial detention to trial; apparently in order to legitimize their continued detention using the exceptional trials to achieve this goal. The rulings issued by these exceptional courts cannot be challenged or appealed before a higher court, but rather they are presented before the military ruler who is granted absolute powers to either ratify or upheld the rulings or rescind them and request for tougher penalties. Such a matter consequently reduces the chances of achieving fairness and justice when the trial is conducted away from the natural judge.
2- The days covered by the newsletter this week didn’t witness any detention renewal sessions for hundreds, if not thousands, of pretrial detainees who are being held pending cases of the Supreme State Security Prosecution, which are usually convened before the terrorism circuits at the Police Cadets Institute in Tora prison complex. This multiplies the pain suffered by detainees and closes the door of hope regarding the possibility of receiving release orders.
3- After receiving an official letter from the Tora Prisons administration stating that there are security reasons that impede bringing human rights lawyer and former parliamentarian Zyiad Al-Alimi and journalists Hossam Mounis and Hisham Fouad from their jail and detention places to the headquarters of the Emergency State Security Misdemeanors Court in Masr Al-Qadeima, without mentioning or declaring these security reasons that hinder their attendance and presence before the court, adding that the court is located in the same governorate where their detention places are, the consequent court’s decision to postpone the consideration of the aforementioned case to a hearing to be set late clearly indicates that the these defendants will continue suffering the pain of unjust pretrial detention despite having exceeded the legally period of remand detention prescribed by law.
4- The decision issued by the President of the South Cairo Court of First Instance to refuse to receive applications submitted by lawyers regarding the issuance of documents or judgments or the filing of cases, in case the power of attorney has reached a period of 7 years, has caused a state of indignation among a large number of lawyers. They considered the decision as an additional financial burden, other than the high fees and taxes collected from them, since it necessitates obtaining a new official copy of the power of attorney or a certificate from the real estate registry to confirm its validity, and this service is provided by the registry in return for a fee.
* 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.
