AFTE’s Weekly Legal Bulletin (August 22: August 29, 2021)

Date : Sunday, 29 August, 2021

 Appealing against the verdict against “Mawaddah Al-Adham”, And renewing the detention of “Ahmed Mohammad Abu Khalil” and “Marwa Arafa”

The Legal Bulletin covers the lawsuits in which AFTE provides the necessary legal aid, in accordance with AFTE’s framework.

Court of Cassation

In conjunction with Ahmed Ragheb for Law and Legal Consultations, AFTE filed a memorandum of reasons of appeal against the negative verdict issued by Cairo Criminal Court, in which it stipulated the punishment of “Haneen Hossam Abdel-Kader Mohamed Abdel-Glil” with a ten-year heavy prison sentence and a fine of 200 thousand pounds for what was attributed to her, and to punish “Mawaddah Fathy Rashad al-Adham” and others with a six-year heavy prison sentence and a fine of 200 thousand pounds for what was attributed to them, and to obligate them to afford the expenses and confiscation of seized tools and sums, pending Case No. 4917 of 2020, Sahel Felonies, registered under No. 2016 of 2020 North Cairo.

The memorandum of appeal was based on:

  • First: error in law by ignoring the text of articles 454 and 455 of criminal procedures and to address a fact that was previously decided upon by the final judgment issued by the Economic Court regarding the accusation of destroying family values, as the Economic Court acquitted “Haneen Hossam” and “Mawaddah al-Adham” of charges of assaulting family values, and creating and managing social private accounts, but the Public Prosecution referred them to the Criminal Court in the current case on the background of a video clip that the Public Prosecution considered it as an attack on the values of the Egyptian family and incitement to prostitution and human trafficking, although the same video clip was presented as incriminating evidence in the first case, but the Economic Court did not consider it as evidence of indictment and acquitted them.
  • Second: error in reasoning and in understanding the reality, violation of the evidence established in the papers by relying on verbal evidence by considering it technical evidence and excluding the only technical evidence found in papers.
  • Third: deficiencies in the statement and causation for not invocation the crime of human trafficking, as well as the manifestations of use and exploitation in the actions attributed to the appellant, over and above the court’s failure to respond to the appellant’s essential defense of not having control over her personal accounts, the subject of the crime.

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

Criminal Courts

 The Third Terrorism Circuit renewed the detention of “Ahmed Mohammad Abu Khalil Elsayed” for 45 days, pending Case No. 558 of 2020, Supreme State Security. Abu Khalil was arrested from his home in June 2020 and was subjected to enforced disappearance for 10 days, till the Supreme State Security Prosecution decided to detain him with charges of joining a terrorist group and spreading false news.

 It also renewed the detention of “Marwa Arafa” for 45 days, pending Case No. 570 of 2020, Supreme State Security, where a six-man security force arrested her from her home in Nasr City on April 2020 and confiscated her phone and sums in her possession, and got detained in an unknown location for 14 days, until she appeared at the Supreme State Security Prosecution headquarters on May 4, of the same year, to be investigated pending the above mentioned case.