AFTE’s Weekly Legal Bulletin (5: 12 February 2023) | The detention of 15 defendants renewed; two others released; Court of Cassation dismisses Mawaddah al-Adham’s appeal and upholds her 6-year prison verdict

Date : Sunday, 12 February, 2023
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Supreme State Security Prosecution

February 6 hearings: 

 

The Supreme State Security Prosecution renewed the detention of the journalist and former deputy editor-in-chief of the Radio and Television Magazine, Manal Agrama, for 15 days in connection with case No. 1893 of 2020 (State Security).

The 60 years old Agrama was arrested last November from her house. She faces charges of joining and financing a terrorist group, inciting a terrorist act, participating in a criminal agreement aimed at committing a terrorist act, and using social media to promote a terrorist act.

 

The Supreme State Security Prosecution renewed the detention of the deputy director of the Information Technology Department at Al-Akhbar newspaper, Yehia Elsayed Othman,  the nursing student at Ain Shams University, Islam Ramadan Kamel, Adel Ahmed Soliman, and Mohamed Mostafa Abdel Qader for 15 days, in connection with investigations of case No. 1893 of 2022 (State Security).

The four defendants face charges of joining and financing a terrorist group with their knowledge of its aims, inciting a terrorist act, promoting a terrorist act through social media, spreading false news, and participating in a criminal agreement intended to commit a terrorist act.

 

In another context, the Supreme State Security Prosecution released Khaled Mohamed Mahmoud under the guarantee of his place of residence, pending case No. 1691 of 2022 (Supreme State Security).

Mahmoud shared several posts on social media regarding the economic situation and calling for November 11 demonstrations, which was the reason for his arrest. He faced charges of joining a terrorist group, committing one of the crimes of financing a terrorist group, spreading false news and statements that would harm security and public order for a terrorist purpose, using an account on the internet to spread false news and statements for a terrorist purpose, participating in a criminal agreement to commit a terrorist crime, and incitement to commit a terrorist crime.

 

On February 8, the Supreme State Security Prosecution released journalist Mohamed Fawzy Mosaad under the guarantee of his place of residence in connection with case No. 440 of 2022 (State Security).

 

Security forces arrested Mosaad last May 15 against the backdrop of several posts on his Facebook account, including a post criticizing the Egyptian family’s breakfast party and the failure to pardon all those involved in Hossam Mu’nis case, and another post about the martyred Palestinian journalist Sherine Abu Aqleh. 

He faced charges of joining a terrorist group, spreading false news, and inciting a terrorist act.

 

On February 9, the Supreme State Security Prosecution decided to renew the detention of Hussein Shehata and Ahmed Fayez Abdel Majid for 15 days, in connection with case No. 2070 of 2022 (Supreme State Security).

Shehata and Abdel Majid were both arested for posting several political posts on Facebook. They face charges of joining and financing a terrorist group, participating in a criminal agreement aiming to commit a terrorist act, and using social media to commit a terrorist act, and inciting to commit a terrorist act.

 

Criminal Courts

February 8 hearing: 

 

The Criminal Court (Second Terrorism Circuit) renewed the detention of translator Marwa Arafa for 45 days in connection with Case No. 570 of 2020 (Supreme State Security). Although that Arafa completes three years in pretrial detention in a few weeks.

Arafa faces charges of joining a terrorist group with knowledge of its purposes and committing a financing crime for a terrorist purpose.

 

The Criminal Court (First Terrorism Circuit) renewed the detention of Amr Abdel-Moneim for 45 days in connection with Case Known in the media as “the Alliance of Hope Case.” Case No. 930 of 2019 (Supreme State Security).

Security forces arrested Abdel-Moneim on June 21, 2019, and faces charges of joining a terrorist group and spreading false news. 

 

The Criminal Court (First Circuit Terrorism) renewed the detention of four student participated in a paroday event on Facebook titled “Batman Helwan”, the four students are physical therapy student Anas Mahmoud Zahran, cooperation institute student Karim Mohamed Refaat, high school students Mazen Reda and Eslam Nagdy, for 45 days each, pending Case No. 440 of 2022.

 

Security forces arrested the four students on July 4, they face charges of joining a terrorist group, spreading false news, and inciting a terrorist act.

 

The Criminal Court (Second Terrorism Circuit) renewed the detention of student Mohamed Ahmed Saad, for 45 days, pending investigations of case No. 930 of 2019 (Supreme State Security). The Supreme State Security Prosecution interrogated Saad for the first time in July 2019 and charged him with joining a terrorist group, financing this group, spreading false news and information, and using a social media account to spread false news. 

 

The Criminal Court (First Terrorism Circuit) renewed the detention of journalist Tawfiq Ghanem for 45 days in connection with lawsuit No. 238 of 2021 (Supreme State Security Prosecution).

Security forces arrested Ghanem on May 21, 2021, from his house in the 6th of October district after his house was searched  and some of his personal belongings were confiscated. He faces charges of joining a terrorist group, spreading false news, and misusing social media to commit a crime. 

 

Court of Cassation

 

On February 11, the Court of Cassation decided to dismiss the appeal filed by the Association for Freedom of Thought and Expression and Ahmed Ragheb for Law and Legal Consultations on behalf of Mawaddah al-Adham against the verdict against her to 6 years in prison and a fine of 200,000 EGP, pending case No. 4917 of 2020, Sahel Felonies, registered under No. 2016 of 2020 North Cairo known in the media as “Tik Tok Girls Case.”

 

the Cassation Prosecution previously recommended in its memorandum to accept al-Adham’s appeal and to annul the verdict issued by the Criminal Court on the basis of her accusation of human trafficking due to the lack of sufficient evidence to outweigh the accusation, but the court did not consider the prosecution’s recommendation. This was al-Adham’s final level of litigation; thus, the verdict is final.

 

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