The Association for Freedom of Thought and Expression (AFTE) condemns the continued imprisonment of poet Galal El‑Behairy and calls for his immediate release, given that he has spent more than eight years in prison on various lawsuits stemming from his participation in writing a satirical political song for singer Rami Essam, amidst poor prison conditions that led to his suicide attempt and repeated hunger strikes.
In this context, AFTE submitted two petitions to the Public Prosecutor, registered under No. 1692516 of the year 2026, and 1692526 of 2026 (Public Prosecutor Petitions), requesting the mandatory release of El-Behairy and the rectification of the procedural irregularities in his case, in accordance with the provisions of the Code of Criminal Procedure. As the Supreme State Security Prosecution informed El-Behairy about his referral to a criminal trial in October 2025, in connection with lawsuit No. 2369 of 2023 (Supreme State Security) and 3391 of 2023 (Supreme State Security).
However, the case file has not yet been transmitted to the competent Court of Appeal to assign a circuit and set a hearing date, which consequently leads to his continued detention instead of proceeding with the trial.
The first lawsuit dates back to August 19, 2025, when the Prosecution summoned him from his prison cell for an investigation. He was charged with joining a terrorist organization while knowing its objectives, committing a terrorism financing crime, and spreading false news and statements intended to harm public security and order. The prosecution confronted him with the National Security investigation report, but presented no material evidence supporting these charges.
The prosecution also investigated El-Behairy in the second lawsuit on 28 August 2025. He was charged with participating in a terrorist organization in pursuit of its objectives and committing a terrorism financing crime. He was confronted solely with the National Security investigation report. The Prosecution ordered his detention for fifteen days pending investigation, to commence after the Court’s verdict in case No. 2369 of 2023, Supreme State Security (the one mentioned above).
The petition is based on two main grounds. First, the violation of Article 214 bis (A) of the Criminal Procedure Law, which mandates the immediate referral of the case file to the clerk’s office of the Court of Appeal. Where the defense requests time to review the file, the president of the court must set a period not exceeding ten days. This has not occurred, thereby obstructing El-Behairy’s right to appear before his natural judge.
Second, the absence of a legal basis for his continued detention. The defense affirmed that the ongoing detention without being presented before the competent criminal court or the advisory chamber constitutes a grave violation and an unlawful infringement of personal liberty, in contravention of Articles 143 and 151 of the Criminal Procedure Law (Law No. 150 of 1950). Accordingly, his detention has become arbitrary and unlawful, necessitating his immediate release.
El-Behairy was arrested on March 3, 2018, while traveling based on two arrest warrants (one is military, and the other is civilian). He was tried before a military court in case No. 4 of 2018 and sentenced to three years against charges of publishing a poetry book and insulting the military establishment. And after he finished his sentence, the Supreme State Security Prosecution included him in other lawsuits, till his detention period reached 8 years.
AFTE calls for El-Behairy’s immediate release, as he has exceeded the legally prescribed maximum period of pretrial detention without being brought before the competent judicial authority. AFT also urges the prompt transmission of his case file to the Court of Appeal to schedule a trial session, in accordance with the law and his constitutional rights.
