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Court of Appeal ruled its lack of jurisdiction to examine Sherry Hanem and Zomoroda’s appeal against verdict to 5 years in prison and a fine of 100,000 EGP

Publish Date : Sunday, 15 August, 2021
Last Update : Sunday, 15 May, 2022
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27 April 2022 

On April 27, the Court of Appeal (Circuit 15) ruled that it had no jurisdiction to examine appeal No. 14705 of 12 filed by The Association for Freedom of Thought and Expression and Ahmed Ragheb for Law and Legal Consultations on behalf of content creators Sherry Hanem and her daughter Zomoroda. The Court also decided to refer the appeal to be examined before the Criminal Court.

On June 13, 2021, Cairo Economic Court sentenced Sherifa Refaat Abdel Moteleb, known as “Sherry Hanem,” and her daughter Nora Hesham Ahmed known as “Zomoroda,” to five years in prison and a fine of 100,000 EGP for each of them, in connection with lawsuit No. 730 of 2020 misdemeanor appeal, registered under No. 535 of 2020 economic misdemeanor.

This verdict against them comes against charges of infringing on family values and principles and posting indecent pictures and videos to distribute and display. It also charged one of the two with soliciting prostitution and the other with assisting her and creating personal accounts on the internet to commit these crimes.

23 March 2022 “Court of Cassation sets April 27 session to examine AFTE and Ahmed Ragheb law firm’s appeal against the verdict against Sherry Hanem and Zomoroda”

Yesterday, the Court of Cassation has set the next April 27 session to examine the appeal No. 14705 of 12 filed by The Association for Freedom of Thought and Expression and Ahmed Ragheb for Law and Legal Consultations, before the 15th Circuit cassation misdemeanors of the Court of Cassation.

AFTE and  Ahmed Ragheb for Law and Legal Consultations filed the appeal last August, against the verdict issued by Cairo Economic Court, pending Case No. 730 of 2020 misdemeanor appeal, registered under No. 535 of 2020 economic misdemeanor, to five years in prison and a fine of 100 thousand EGP against Sherifa Refaat Abdel Moteleb, known as “Sherry Hanem,” and her daughter Nora Hesham Ahmed known as “Zomoroda.”

On 11 June 2020, a police force arrested Refaat and her daughter from an apartment in Heliopolis, under an arrest warrant issued by the Public Prosecution. The Public Prosecution charged Refaat with infringing on family values and principles and posting indecent pictures and videos with the purpose of distribution and display. It also charged one of the two with soliciting prostitution and the other with assisting her and creating personal accounts on the internet with the aim of committing these crimes.

11 August 2021

Last Wednesday, The Association for Freedom of Thought and Expression and Ahmed Ragheb for Law and Legal Consultations filed a memorandum of reasons of appeal against the negative verdict issued by Cairo Economic Court, pending Case No. 730 of 2020 misdemeanor appeal, registered under No. 535 of 2020 economic misdemeanor, against both “Sherifa Refaat Abdel Moteleb” known as “Sherry Hanem”, and her daughter “Nora Hesham Ahmed” known as “Zomoroda”.

Requiring to accept the appeal in form by amending the appealed verdict in the first clause of the accusations including that the defendants using their social media account to publish videos and personal photos that offend public decency, by including sexual innuendos by gesture, deed, and speech, following through offending the values and principles of the Egyptian family, an invitation containing an inducement to prostitution and drawing attention, and defendant “Sherry Hanem” facilitating committing the crime of prosecution by filming and publishing videos and photos of the second defendant “Zomoroda”, nevertheless, the defendants used to engage in prostitution with men in return for sums according to the statement of the investigations, and creating and using social media account for the purpose of facilitating and committing these crimes.

The memorandum of appeal against the appealed verdict was based on the following reasons: Violation of the law by ignoring and disregarding the implementation of the second paragraph of Article 32 Penalties and imposing multiple penalties on the two appellants, and also ignoring and disregarding Article 71 of the Constitution and Article 29 of Law No. 180 of 2018, and the appeal judgment based on false confessions prohibited by law in convicting the two appellants, corruption in reasoning, error in understanding the reality, violation of the evidence established in the papers by reliance on contradictory facts and evidence that is not objectively acceptable, deficiencies in the statement and causation by not responding to the essential defense presented by the defendants’ lawyers and not invoking the element of habituality in the crime of prostitution in the appeal judgment.

It should be noted that AFTE had recently carried out providing legal aid for the aforementioned defendants in the stage of appealing the negative ruling issued against them before the Court of Cassation, and earlier, AFTE launched a campaign for “Tik Tok” cases, which includes the profiles of the defendants, the legislative context of their cases, analysis of the public prosecution’s statement, the role of the companies that own the applications used by the defendants, and a reading in the case papers, AFTE will continue its efforts to file other appeals on behalf of the defendants in this case.

To view the memorandum of reasons for the appeal, click here

licensed under a Creative Commons license Attribution-ShareAlike 4.0 International (CC BY-SA 4.0)