AFTE’s Weekly Legal Bulletin (9: 16 July 2023)| The detention of 7 defendants, including Tv Presenter Hala Fahmy renewed; And AFTE files a lawsuit on behalf of Ghada Ehab against the acting professions syndicate for refusing to register her in the syndicate without giving reasons

Date : Tuesday, 22 August, 2023
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Criminal Courts

 

On July 8, Cairo Criminal Court (Second Circuit) renewed the detention of translator and political activist, Marwa Arafa, for 45 extra days, pending investigations of lawsuit No. 570 of 2020 (Supreme State Security).

Security forces arrested Marwa from her house in Nasr City in April 2020. She was subjected to enforced disappearance for 14 days, during which her family tried to know where she was detained without receiving a reply from the concerned authorities. Then she appeared before the Supreme State Security Prosecution, which charged her with joining a terrorist group with knowledge of its purposes and committing a financing crime for a terrorist purpose.

It should be noted that the renewal of Marwa’s detention is a clear violation of the Code of Criminal Procedure, which stipulates that the maximum period of pre-trial detention is two years..

July 9 hearings: 

Cairo Criminal Court (Second Circuit) renewed the detention of the journalist at Al-Bawaba newspaper and the member of the Journalists Syndicate, Karim Ebrahim, for 45 days, pending investigations of lawsuit No. 569 of 2020 (Supreme State Security Prosecution).

Security forces arrested Ebrahim in April 2022. He did not appear before the prosecution until in October of the same year, after six months of illegal detention, and his family has not been able to visit him during this period and until now. Ebrahim is accused of joining a terrorist group.

Cairo Criminal Court (Second Circuit) renewed the detention of Moataz Bellah Hasab Elnaby for 45 days, pending investigations of lawsuit No. 965 of 2021 (Supreme State Security).

Security forces arrested Hasab Elnaby on July 12, 2021, against the grounds of several posts published on a Facebook account attributed to him; despite the fact that Hasab Elnaby denied his ownership of the account. Hasab Elnaby is accused of joining a terrorist group with knowledge of its purposes, spreading false news and information that would harm security, public order, and the interests of citizens, and using a social media account to spread false news and statements.

The Criminal Court (Second Circuit) also renewed the detention of Tv presenter Hala Fahmy, for 45 days, pending investigations of lawsuit No. 441 of 2022 (Supreme State Security).

Hala Fahmy is a senior TV presenter with the rank of general manager at the Egyptian state television. She worked as a broadcaster for a number of Egyptian TV channels, before the National Media Authority decided in February to temporarily suspend her from work and denied access from the Radio and Television building as a form of arbitrariness against her for her solidarity with the protests of Maspero employees back then.

Security forces arrested Fahmy on April 24, right after she posted a live video on Facebook stating that she’s being chased down and mentioned that security force members in civilian clothes stormed her house while she was absent, her arrest came against posting several videos on Facebook. Fahmy faces charges of joining a terrorist group, inciting to commit a crime and spreading false news domestically and abroad.

On July 10, the Criminal Court (the Council Chamber) renewedKhaled Galal Helmy’s detention for 45 days, pending investigations of lawsuit No. 935 of 2023 (Road Elfarag misdemeanor). It’s noteworthy that Helmy was arrested on February 8, 2023.

 

Supreme State Security Prosecution

 

On July 12, the Supreme State Security Prosecution renewed the detention of two Al-Ahly football club fans who were arrested from Cairo International Stadium after a match for Al-Ahly club, namely: Ahmed Shaker Abou Elrous and Ali Othman Ali, for 15 days, pending investigations of lawsuit No. 805 of 2023 (Supreme State Security).

 

Nasr City Prosecution accused Abou Elrous and Othman with rioting in the stadium and assaulting the security forces, and decided to release them two days later on bail; however they remained detained until they were transferred to the Supreme State Security Prosecution, which brought different accusations this time, which are joining a terrorist group, committing one of the crimes of financing a terrorist group, spreading false news and statements that may harm security and public order, and using an account on social media to spread the false information for a terrorist purpose.

 

Universities’ Disciplinary Councils

 

On July 11, The Disciplinary Council of the Teaching Staff at the Higher Technological Institute in the 10th of Ramadan City decided to adjourn the disciplinary hearing in which Manar Al-Tantawy was arbitrarily referred to, to July 25.

On the other hand, Al-Tantawy was referred to another disciplinary council after participating in one TV show called for her husband, journalist Hesham Gaafar’s release. Al-Tantawy’s referral to the disciplinary board came against charges of insulting the Higher Technological Institute in the 10th of Ramadan City and its dean via social media and some satellite channels. The disciplinary council later punished Al-Tantawy with a 15 days deduction from her salary. AFTE appealed the council’s decision, and the board set September 20 to investigate the appeal.

This reflects a series of arbitrary actions against Al-Tantawy, especially after the Administrative Judiciary Court did justice to her by annulling the Higher Technological Institute’s negative decision by refraining from granting Al-Tantawy a professorship despite fulfilling all the technical and procedural conditions for political reasons.

 

State Council Courts

On July 11, the Association for Freedom of Thoughts and Expression filed a lawsuit before the Administrative Judiciary Court on behalf of Ghada Ehab Abdel Rahaman challenging the negative decision of the acting professions syndicate by refraining from registering her to the syndicate without providing any reason for its refusal. The appeal carries No. 61465 of 77.

In addition, the Court scheduled a hearing for July 23 to examine the appeal. Although Ghada meets all the requirements for registration in the acting professions syndicate, she attached all the supporting documents. However, the Registration Committee refused to accept the application or proceed with it without providing any explanation.

According to the lawsuit, the appealed decision violated the constitution and the law, especially Article 77 of the Egyptian constitution, the abuse of power, and the illegality of the decision due to the absence of a reason.

 

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