AFTE’s Weekly Legal Bulletin (10: 17 September 2023) Hesham Kassem was sentenced to 6 months in prison and fined EGP 20,000, and the Court will examine his appeal on October 7, Mohamed Abdel Halim was released after 4 years of pretrial detention, and the detention of journalist Ahmed Gamal Ziada’s father was renewed for the third time

Date : Sunday, 17 September, 2023
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Economic Court 

On September 16, the Economic Court sentenced Hesham Kassem to three months in prison and a fine of 20,000 Egyptian Pounds, temporary civil compensation of 10,000 pounds over insulting, slandering, and intentionally disturbing Kamal Abu Eita, and three months in prison with enforced hard labor over insulting a public servant. The Court also acquitted Kassem of disturbing a public servant in connection with lawsuit No. 2121 of 2023. The Court also set the October 7 hearing to examine the appeal that Kassem’s defense filed against the sentence.

This verdict came as a result of two reports filed against Kassem. The first was filed by the former Minister of Manpower, Kamal Abu Eita, accusing Kassem of insulting and defaming him in posts on his Facebook account, and the second was filed by the police officer and police chiefs at El-Sayeda Zainab police station accusing Kassem of insulting and defaming them while he is interrogating him pending the first report.

Kassem faces accusations of insulting, slandering, and intentionally harassing the former Minister of Manpower, Kamal Abu Eita, and insulting, slandering, and intentionally harassing a public servant (the police officer and police chiefs at El-Sayeda Zainab police station).

 

Supreme State Security Prosecution 

 

On September 11, the Supreme State Security Prosecution decided to renew the detention of two Zamalek football club fans, Amir Sayed Mohamed and Reyad Mohamed Abdel Rahaman, for 15 days, pending investigations of lawsuit No. 744 of 2023 (Supreme State Security). Amir and Reyad are in custody for over four months after their arrest on May 3 from DownTown Cairo; they face accusations of joining a terrorist group (Ultras Ahlawy) and spreading false news and information that would harm public security and public order.

 

September 13 hearings: 

 

For the third time, the Supreme State Security Prosecution renewed the detention of journalist Ahmed Gamal Ziada’s father for 15 days pending investigations of lawsuit No. 2064 of 2023 (Supreme State Security). A security force arrested Ziada on August 22, and he was interrogated about his son and journalistic work.

The prosecution accused Ziada of joining a terrorist group, spreading false news and information that would harm security and public order, and using a social media account to spread false news and statements. Despite the accusations against him, the prosecution didn’t confront Ziada with any posts proving the accusation of spreading false news, as his Facebook profile is free of any political posts, and he only posts promotional materials for his work as a clothing workshop manager.

 

The Supreme State Security Prosecution renewed the detention of the enlisted man, Sherif Ahmed Ebrahim, for 15 days pending investigations of lawsuit No. 2064 of 2023 (State Security), in which Ebrahim was accused after he helped a police chief to shoot and publish a video on TikTok insulting the Ministry of Interior. The police chief was also arrested and held in custody in the same lawsuit.

 

Ebrahim is accused of joining a terrorist group, spreading false news and information, and using an internet account to commit a crime.

 

The Supreme State Security Prosecution also renewed the detention of student Ayman Abdel Halim Eldarder for 15 days pending investigations of lawsuit No. 508 of 2023 (Supreme State Security).

 

Eldarder was arrested on May 22 at Saray El-Koba metro station after the police forces stopped him and searched his mobile phone; he’s accused of joining a terrorist group, spreading false news and information, and using an internet account to commit a crime.

 

After four years in pretrial detention, The Supreme State Security Prosecution released Mohamed Mahmoud Abdel Halim under the guarantee of his place of residence in connection with lawsuit No. 855 of 2020 (State Security).

Security forces arrested Abdel Halim in November 2019 in connection with lawsuit No. 1331 of 2019; on November 3, 2020, the Criminal Court decided to replace his pretrial detention with one of the precautionary measures, but the decision was not executed, and he was listed in the second lawsuit with the exact previous accusations of joining a terrorist group, spreading false news, and misusing social media.

 

State Council Courts

September 10 hearings: 

 

The Administrative Judiciary Court (Second Circuit) adjourned to January 14, the examination session of appeal No. 61465 of 77 that AFTE files on behalf of Ghada Ehab Abdel Rahaman against the acting professions syndicate To view the report of the State Commissioners Authority with its legal opinion on the appeal.

AFTE filed the appeal challenging the negative decision of the acting professions syndicate by refraining from registering Ghada to the syndicate. It also refrained from accepting her application or proceeding with it without providing any explanation; according to the appeal, 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.

 

The Administrative Judiciary Court (Second Circuit) also adjourned to January 14 the examination session of three appeals AFTE filed on behalf of workers in the acting professions, namely Sheren Fathy Hussin, Amr Abdel Halim, and Ahmed Shoaib Abdullah. The appeals carried numbers 7551, 7553, and 7556 of 77 Judicial year.

The appeals were filed against the Syndicate Of Artists’ negative decision to refrain from registering them in the Syndicate, despite fulfilling all the conditions that qualify them to obtain the Syndicate membership, as well as the Syndicate’s refusal to review their applications or to clarify any reasons for refusal.

The Administrative Judicial Court adjourned to September 21 the examination session of AFTE’s appeal against the president of Helwan University and the dean of the university’s Faculty of Art Education, which was filed on behalf of AFTE’s client challenging the negative decision not to hire her for lack of security approval; to view the State Commissioners Authority’s report of its legal opinion.

The State Commissioners Authority recommended the Court to accept AFTE’s appeal and oblige Helwan University with the administrative charges, it also added that the opinion of the security authorities shouldn’t be conditional on hiring faculty staff and that it shouldn’t be reliable evidence for the administrative authorities to issue a decision to appoint faculty staff or not.

The Association of Freedom of Thought and Expression filed this appeal that barries No. 2330 of 70 on behalf of a faculty graduate after the university informed her of her official nomination for a teaching assistant position she was later informed of her exclusion from the position and that other candidates were hired, and the university refused to inform her of any reasons for her dismissal, the university justified this dismissal with the lack of approval from the security authorities.

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