AFTE’s Weekly Legal Bulletin (28 April: 5 May 2024)|: Administrative Court Overturns Dismissal of Student Omar Ali; Detention Renewed for 5 Defendants, Including Journalist Held for 4 Years

Date : Tuesday, 7 May, 2024
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28 April 2024 sessions 

Administrative Court 

The Administrative Court (Sixth Circuit) accepted the appeal No. 57029 of 74, filed by AFTE, and canceled the decision to dismiss student Omar Muhammad Ali from the Taiba Higher Institute of Engineering after proving that the student was imprisoned and not absent as the institute claimed.

 

AFTE presented to the court at the April 21 session a report proving it informed the institute of receiving a certificate from the military prosecution proving AFTE’s claim that Ali was imprisoned and not absent. 

Omar is spending his eighth year in detention after he was sentenced to 25 years in prison on February 7th, 2016. Since then, he has been trying to continue his studies at Thebes Higher Institute of Engineering, Architecture Engineering department, as he was arrested while enrolled in the third year. 

Criminal Court

 

Cairo Criminal Court (Third Terrorism Circuit) looked into 3 cases and decided the following: 

  • Renewing the detention of journalist Karim Ebrahim for 45 days, pending investigations of lawsuit No. 569 of 2020 (Supreme State Security Prosecution).

Security forces arrested the journalist at Al-Bawaba newspaper and a member of the Journalists Syndicate in April 2020; he was arrested in connection with clashes between the police forces and armed members, which took place in the Alamiria district, his residence place. He was also unlawfully detained for a month before being brought before the investigation authorities, who accused him of joining a terrorist group.

  • Renewing the detention of Moataz Bellah Hassab Elnaby for 45 days, pending investigations of lawsuit No. 965 of 2021 (Supreme State Security).

Hasab Elnaby completed two years in pretrial detention, which is the maximum period of pretrial detention according to the law. Security forces arrested Hasab Elnaby on July 12, 2021, against the grounds of several posts published on a Facebook account attributed to him;. However, Hasab Elnaby denied his ownership of the account.

  • Renewing the detention of Muhammad Fathallah Rushdi Zayan for 45 days pending investigations in Case No. 2727 of 2023, Supreme State Security, on charges of participating with a terrorist group in achieving its goals, publishing and broadcasting fake news and statements that would harm security and public order, and using an account on the internet for the purpose of publishing and broadcasting fake news and statements.

Zayan was arrested on October 15, 2023, from his home in Beni Suef Governorate based on an arrest warrant in another case, No. 2255 of 2023, Supreme State Security, the case of electoral process papers of potential candidate Ahmed Al-Tantawi. The prosecution investigated him on the same day, and he was detained pending investigations.

On October 25, 2023, the prosecution excluded him from referral to trial in the electoral process papers case and copied his papers to the case where he is now being held in pretrial detention.

Zayan was confronted with a video clip that he posted on his Facebook account from the conference of the potential candidate at the time, Ahmed Al-Tantawi, during his visit to Beni Suef Governorate. A TV channel took that video and broadcast it on its screen.

 

29 April 2024 sessions

Supreme State Security Prosecution

  • The Supreme State Security Prosecution renewed the detention of Mahmoud Gamal Abo Sree for 15 days pending investigations of lawsuit No. 508 of 2023 (Supreme State Security).

Security forces arrested Abo Sree On December 19, 2023, from Borg ElArab Airport while returning from abroad to spend a vacation with his family; he was brought before the Supreme State Security Prosecution on December 20, 2023, and was charged with joining a terrorist group while knowing its purposes, and publishing and broadcasting false news and information that would harm security and public order—and using an account on international information networks for publishing and posting false news and information.

It is also worth noting that he was not confronted with any seizures, nor was he confronted with any news or publications concerning him.

  • Moreover, the Supreme State Security Prosecution decided on the same day to renew the detention for Muhammad Taha Abdel Mawjoud Taha for 15 days pending investigations in Case No. 2526 of 2023 (Supreme State Security).

Taha was arrested on 10 March 2024 while returning from work outside the country to spend a vacation with his family.

He was presented to the Supreme State Security Prosecution on 11 March 2024. He was investigated in the case on charges of joining a terrorist group, publishing and broadcasting false news and data that would harm security and public order, and using an account on social media networks for the purpose of publishing and broadcasting false news and data, before deciding to detain him pending investigation.

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