The Association for Freedom and Expression calls on the Public Prosecution to annul its decision to place researcher Ahmed Samir Santawy on the travel ban lists. AFTE considers this decision, issued on 16 April in connection with Case No. 65 of 2021 (Supreme State Security), to be a new arbitrary restriction on Santawy’s right to freedom of movement.
Santawy obtained a verdict in his favor from the Supreme Administrative Court in January, which annulled the Minister of Interior’s decision to prevent him from traveling. The court’s judgment affirmed Santawy’s right to freedom of movement under Article 62 of the Egyptian Constitution, and held that the travel ban, which was imposed at the request of the security authority, was invalid for infringing a natural right and for violating the Constitution.
The verdict on merits stated that freedom of movement falls under the category of public freedoms and therefore cannot be restricted without legitimate cause noting that the default is freedom of movement and the exception is its restriction. The Supreme Administrative Court did not accept the Interior Ministry’s pleading that its decision was based on “Santawy’s suspicious activity, which made him a source of danger to public security and previously led to his detention.”
It should be noted that researcher Ahmed Samir Santawy was investigated and his statement was taken in connection with Case No. 65 of 2021 (Supreme State Security) on 6 February 2021, and he was released pending investigation on 30 July 2022. Since then, Santawy has not received any summons to appear before the prosecution to complete any investigations in that case.
Furthermore, the events investigated and the charges brought against Santawy in that case are the same as those adjudicated in Case No. 774 of 2021 (Supreme State Security Misdemeanors). In that case he was sentenced to four years’ imprisonment, before receiving a presidential pardon after one and a half years of detention, under No. 329 of 2022. Presidential pardons in political cases aim to release prisoners of conscience and halt arbitrary practices against them.
AFTE is concerned that the same facts previously adjudicated may be reused so that repressive procedures against Santawy continue, since he remains accused in the first case. AFTE stresses that this decision deprives Santawy of his right to continue his academic studies and to communicate with his peers abroad. Therefore, the Public Prosecution must revoke the travel ban on Santawy and guarantee his right to freedom of movement without restrictions.
