AFTE’s Weekly Legal Bulletin (10 – 17 April 2022)

Date : Sunday, 17 April, 2022
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The detention of nine defendants renewed, the examination of Moka Hegazy’s appeal against the three-year prison sentence issued against her adjourned to 26 April, the Court of Appeal rules its lack of jurisdiction to examine Mawaddah al-Adham’s appeal against a verdict fining her 300,000 EGP

Criminal Courts

 10 April hearings:

 The Criminal Court (The Fifth Circuit – Terrorism) renewed the detention of translator Marwa Arafa for 45 days in connection with Case No. 570 of 2020 (Supreme State Security), in which she’s charged with joining a terrorist group with knowledge of its purposes and committing a financing crime for a terrorist purpose.

The Criminal Court (The Fifth Circuit – Terrorism) also decided to renew the detention of both accountant Alaa Essam and Amr Abdel-Moneim for 45 days in connection with Case No. 930 of 2019 (Supreme State Security), known in local media as “the Alliance of Hope”. The court’s decision to renew their detention came despite the fact that they exceeded the maximum period of two years in pretrial detention in connection with the same case.

Both Essam and Abdel-Moneim face charges of joining a terrorist group and spreading false news.

11 April hearings:

The Criminal Court (The Fifth Circuit – Terrorism) renewed the detention of activist Mohamed Salah Abdel-Aziz, Ahmed Maher Ezzat, known as “Rigo”, and Sameh Saudi for 45 days in connection with Case No. 855 of 2020 (Supreme State Security).

The defendants were arrested at various times. All of them had been recycled into the current case with the same previous charges that included joining and financing a terrorist group and spreading false news on social media.

The Criminal Court (The Fifth Circuit – Terrorism) renewed the detention of journalist Amer Abdel-Moneim for 45 days in connection with Case No. 1017 of 2020 (Supreme State Security).

Abdel-Moneim was arrested from his house on 18 December 2020. He faces charges of joining a terrorist group, spreading false news, and using a social media account to commit a crime.

Abdel-Moneim suffers from several health problems, the most notable is diabetes. He also underwent two eye surgeries less than two months before his arrest.

In a similar context, the Criminal Court (The Fifth Circuit – Terrorism) renewed the detention of journalist Tawfiq Ghanem for 45 days in connection with Case No. 238 of 2021 (Supreme State Security). Ghanem suffers from prostate enlargement, in addition to other bone problems. He earlier underwent several surgeries.

Ghanem faces charges of joining a terrorist group, spreading false news, and using social media to commit a crime.

13 April hearings:

The Zagazig Criminal Court renewed the detention of Omar Mahmoud Al-Hout for 45 days in connection with Case No. 24978 of 2021 (Abo Hamad Misdemeanors). This is the seventh case in which Al-Hout has been involved since his arrest in 2014 on charges of joining a terrorist group and possessing publications that promote its ideas.

The Criminal Court (The Third Circuit – Terrorism) decided to renew the detention of Moataz-Bellah Hasab-Elnaby for 45 days in connection with Case No. 956 of 2021 (Supreme State Security).

Hasab-Elnaby is charged with joining a terrorist group with knowledge of its purposes, spreading false news that would harm security, public order, and the interests of citizens, and using a social media account to spread false news and statements.

District Courts

 On 12 April, the Juvenile Misdemeanour Court of Appeal adjourned to 26 April the examination of the appeal filed by content creator Nancy Ayman Sobhy, known as “Moka Hegazy”, in connection with Case No. 5459 of 2020 (Juvenile Appeal), registered under No. 188 of 2022  (Juvenile Misdemeanour).

The court’s decision to adjourn the hearing came after the defense lawyer submitted a request to include the prosecution’s investigation report in Case No. 5679 of 2021, from which the current case was copied regarding the charge of practicing prostitution with men without discrimination in return for money, as the defendant is a minor, which indicates that she was subjected to an indecent assault, thus being a victim in this case. The defense lawyer also submitted a request to issue a court record regarding the crime of human trafficking. The lawyer also asked for the court’s permission to issue the criminal record of Hegazy.

On 13 April, the Court of Appeal (Circuit 15 – Misdemeanors Appeal) ruled that it had no jurisdiction to examine appeal No. 11144 of 12 filed on behalf of Mawaddah al-Adham against the verdict issued by the Cairo Economic Court to fine her 300,000 Egyptian pounds. The court referred the appeal to the Criminal Court of Appeal, as per the Economic Court’s law.

In July 2020, the Cairo Economic Court sentenced Al-Adham to two years in prison and fined her 300,000 Egyptian pounds in Case No. 246 of 2020 (Economic Misdemeanors). Later, the Cairo Economic Court of Appeal upheld the fine and annulled the prison sentence.

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