AFTE’s Weekly Legal Bulletin (22: 29 January 2023) | The detention of Ziad Abo El-Fadl and five other defendants renewed; the Court of Cassation to adjudicate Moka Hegazy’s appeal on February 11

Date : Monday, 30 January, 2023


Criminal Courts


On January 24, the Criminal Court (3rd Circuit) renewed the detention of the assistant professor of political science at the Faculty of Economic Studies and Political Science at Alexandria University, Ahmed Al-Tohamy, for 45 days in connection with Case No. 649 of 2020 (Supreme State Security). Although that, Al-Tohamy exceeded two years in pretrial detention without a trial. 


Al-Tohamy was arrested from his house on June 3, 2020, and was illegally detained at the headquarters of the National Security in Cairo for 17 days. He also suffered from poor detention conditions for seven months as he was prevented from family visits, outdoor walks, and communicating with his lawyers. He was also held in a poor ventilation detention room with 30 people. Although Al-Tohamy didn’t commit any crimes, he was charged with joining a terrorist group, spreading false news and statements, and misusing social media.


Supreme State Security Prosecution 


On January 24, the Supreme State Security Prosecution renewed the detention of Bread and Freedom Party member Ziad Abo El-Fadl, Khaled Abdel Mohsen, and Ahmed Abou Elsoud for 15 days in connection with investigations of case No. 2094 of 2022 (Supreme State Security).


Security forces arrested Abo El-Fadl and Khaled Abdel Mohsen on November 11 from a street in Alexandria governorate. The investigation authorities charged the defendants with joining a terrorist group, committing the crime of financing terrorism, using social media to promote a terrorist act, participating in a criminal agreement to commit a terrorist crime (demonstrations), inciting to commit a terrorist crime (demonstrations), and spreading false news and statements.


On January 25, the Supreme State Security Prosecution renewed the detention of Hussein Shehata and the journalist at “Parliament newspaper,” Ahmed Fayez Abdel Majid, for 15 days in connection with case No. 2070 of 2022 (Supreme State Security).


Hussein Shehata is a worker at a shoe factory in Alexandria; he was arrested on November 10 against the backdrop of Facebook posts where he talked about price hikes. While Abdel Majid was arrested for posting on Facebook about the detained political activist Alaa Abdel Fattah for ending his hunger strike, which he went through in protest of his forced detention. Both of them face charges of joining and financing a terrorist group, participating in a criminal agreement aiming to commit a terrorist act, using social media to commit a terrorist act, and inciting to commit a terrorist act.


Court of Cassation


On the hearing of January 28, The Court of Cassation (Fifth Circuit) set next February 11 hearing to examine appeal No. 14376 of 13 Judicial year, filed by AFTE against the verdict issued by the Juvenile Misdemeanour Court of Appeal against Moka Hegazy to two years in prison and to be under judicial probation for one year.


On July 8, 2021, a security force arrested Hegazy while she was in the 6th of October City. The Prosecution charged her with practicing prostitution with men without discrimination in return for money and offering herself in a public manner that contained temptation to practice debauchery, pending case No. 5459 of 2020.


Hegazy was later referred to trial before the Juvenile Misdemeanour Court, which sentenced her to one year in prison against the first charge and two years in prison against the second one. Later, the Juvenile Misdemeanour Court of Appeal reduced the sentence to placing Hegazy under judicial probation for a year instead of a custodial sentence for the first charge and upheld the two years prison sentence for the second charge.

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