AFTE’s Weekly Legal Bulletin (26 November- 3 December 2023)| The detention of 9 defendants renewed, including 4 held on the pretext of participating in demonstrations in solidarity with Palestine, and the postponement of the trial of Ahmed El-Tantawy and 22 members of his presidential campaign to January 9

Date : Monday, 4 December, 2023
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Detention renewals

The 26th of November hearings: 

The Criminal Court (Third Circuit) renewed the detention of Mohamed Raafat Nasr Taha for 45 days pending investigations of lawsuit No. 1977 of 2022 (Supreme State Security). Taha is accused of joining a terrorist group, committing the crime of financing terrorism, using social media to call for a terrorist act, participating in a criminal agreement intended to commit a terrorist crime, incitement to commit a terrorist crime, and publishing and spreading false news and information.

Security forces arrested Nasr from Alexandria on the 2nd of November, where he was subjected to enforced disappearance for five days before being brought before the investigation authorities.

The Criminal Court (Third Circuit) decided to renew the detention of the contractor, Abdel Rahaman Alwany, for 45 days pending lawsuit No. 1635 of 2022 (Supreme State Security Prosecution) in which Alawny is accused of joining a terrorist group, spreading false news and information, and using social media to commit a crime.

Security forces arrested Alwany from his house on the 1st of November 2022, and was illegally detained for a week before being brought before the prosecution.

The Supreme State Security Prosecution renewed the detention of Ahmed El-Tantawy’s presidential campaign member, Khaled Abdel Wahed Amin, for 15 days pending investigations of lawsuit No. 191 of 2023 (Supreme State Security) in which he’s accused of joining a terrorist group, spreading false news and information that would harm public peace and order, and using a social media account to spread false news and information.

The security forces arrested Amin from his house on August 27 as part of an expanded security campaign that targeted Al Tantawy’s supporters, members of his campaign, and his relatives and friends.

The 27th of November hearings: 

The Supreme State Security Prosecution renewed the detention of Mohamed Ibrahim Abdo for 15 days pending investigations of lawsuit No. 2064 of 2023 (Supreme State Security) which Abdo is involved in for posting videos on TikTok criticizing the policies of the current president of the country.

Security forces arrested the 31-year-old Abdo from his house in Monufia Governorate on August 21, he appeared before the prosecution a week after his arrest over accusations of joining a terrorist group, spreading false news, and using an internet account to commit a crime.

The Supreme State Security Prosecution renewed Hany Baset Soliman’s detention for 15 days pending investigations of lawsuit No. 2203 of 2023 (Supreme State Security). Soliman was arrested from the 50th anniversary of October’s victory over chanting and filming. 

Soliman faces accusations of joining a terrorist group, spreading false news, and using an account on social media to commit a crime. 

The Supreme State Security Prosecution decided to renew the detention of Omar Khaled Ragab Mahmoud Ghazy, a student at the Institute of Artificial Intelligence, and Omar Mohamed Mohamed ElDahma, a graphic designer, for 15 days, pending investigations in Case No. 2469 of 2023 (Supreme State Security ), following their participation in demonstrations of solidarity with Palestine Friday, 13 October in Alexandria.

Security forces arrested Ghazy from the solidarity march on the Alexandria Corniche, and they also stopped ElDahma in front of his house in the Miami neighborhood in Alexandria. The prosecution charged them with joining a terrorist group, spreading false news, and participating in a gathering that would put public peace in danger.

The Criminal Court (Third Circuit) renewed the detention of both Ahmed Abdel Mageed Oraby and Mohamed Abdel Aal Abou El-Dahab for 45 days pending investigations of the same lawsuit No. 2094 of 2022 (Supreme State Security). In this case, Oraby faced charges of sharing Facebook posts criticizing the current living conditions, and as for Abou El-Dahab, he was arrested by security forces on November 10 only to appear five days later before the prosecution facing accusations of 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.

It is worthy to mention  that Oraby lost his eye in the clashes of Mohamed Mahmoud Street, and he was previously imprisoned for a year and a half. This time he was arrested in November 2022, and he faces accusations of joining a terrorist group with knowledge of its purposes, committing a terrorist financing crime, inciting a terrorist act, participating in a criminal agreement for the purpose of committing a terrorist crime, spreading false news and statements, and using an account on social media to commit a crime.

The Criminal Court (Second Circuit) renewed the detention of poet Galal Al-Behairi for 45 days pending investigations of lawsuit No. 2000 of 2021 (Supreme State Security Prosecution). This is the third lawsuit against Al-Behairi after his arrest for writing the song “Balaha” criticizing the current president’s policies.

Al-Behairi went on two hunger strikes during this year. Also, he attempted to commit suicide on September 9 and his life was saved last minute. Beheiry’s suicide attempt came in protest against his prolonged detention without evidence or serious investigations. He has been held in pretrial detention for more than five years on charges repeatedly used to abuse prisoners of conscience, namely, joining a terrorist group with knowledge of its purposes and spreading and broadcasting false news and statements that would harm public security.

The 28th of November hearings: 

The Supreme State Security Prosecution decided to renew the detention of student Abdel Rahman Hassan Abdel Naby, for 15 days pending lawsuit No. 2468 of 2023 (Supreme State Security). Abdel Naby was arrested on October 20 while participating in the demonstrations in support of Palestine in Tahrir Square in addition to dozens of other demonstrators.

The Prosecution accused him of being a part of a terrorist organization, participating in a gathering that harmed public security and peace, vandalizing and damaging private property, and spreading false news.

The 29th of November hearings: 

The Criminal Court (Third Circuit) renewed Mohamed Mahmoud Amer Abdel Aziz’s detention for 45 days, pending investigations of lawsuit No. 1984 of 2021 (Supreme State Security Prosecution).

Abdel Aziz was arrested on October 15th, 2021 where he was subjected to enforced disappearance for 45 days in an unknown location. The national security investigation report stated that Amer had participated in a media movement attributed to the Muslim Brotherhood terrorist group, the same investigation that a warrant for his arrest and summons was issued. Abdel Aziz faces accusations of joining a terrorist group.

The 2nd of December hearings: 

The Supreme State Security Prosecution decided to renew the detention of Ahmed Husine Ahmed Abostit for 15 days pending lawsuit No. 2468 of 2023 (Supreme State Security); security forces had arrested him on October 24 in Abdel Moneim Riad Square due to his participation in the demonstrations in support of Palestine on October 20.

Also, the prosecution charged him with joining a terrorist group with knowledge of its purposes and participating in a gathering intended to harm public safety and order, changing the government system through force, and forcing a public employee to refrain from performing one of his duties through intimidation and violence. To accomplish a terrorist purpose, the defendant destroyed public and private property, both immovable and movable.

Postponement of Trial

The 28th of November 2023

Al-Matarya Misdemeanor Court postponed the trial of Ahmed Mohamed Ramadan El-Tantawy, presidential campaign manager Mohamed Mousa Abu El-Diyar , and twenty-one campaign members pending case no. 16336 of 2023 Matarya Misdemeanors until the January 9 session to review the case papers which is known in the media as “ Al-Tantawy’s public Endorsements”.

The defense lawyer confirmed their request to obtain an official copy of the case file, which amounts to 2,000 papers, the difficulty of allowing lawyers to view the documents without getting an official copy of the case file, and their affirmation of the right of the defendant’s defense to obtain a copy of the case papers.

The court accused El-Tantawy and his campaign manager of participating through incitement, agreement, and supplying the twenty-one other defendants with one of the electoral process papers (Form No. 4) in addition to printing and circulating it without the permission of the competent authority. Meanwhile, the rest of the defendants faced charges of printing and circulating the electoral process paper (Form No. 4) without a license.

The 21 defendants, whose names are as follows, were already referred to the prosecution after arresting them last October on the grounds of participating with a terrorist group and circulating electoral papers.

The Defendants are:

  1. Ibrahim Nabeeh Ibrahim Elsaka.
  2. Mohamad Kamal Ezzat Mostafa.
  3. Mohamad Ismaeel Ahmad Fathalla.
  4. Alaa Mahmoud Hassan Mohamad.
  5. Ali Hussein Ali Roushdy.
  6. Mahmoud Elsayed Mostafa Elreefy.
  7. Roqayya Taha Ahmed Mostafa.
  8. Ahmad Mohamad Abdelaal.
  9. Abdulrahman Khalaf Shehata Shehata.
  10. Ali Saad Abdo.
  11. Ahmad Elsayed Mohamad Ahmad.
  12. Hamdy Yasser Mohamad.
  13. Hagar Haggag Dessouky ali.
  14. Ahmad Moustafa Abdelsalam.
  15. Mohamad Mohamad Hasan El-Shatoury.
  16. Ahmad Mohamad Hasan Mady.
  17. Seyed Mohamad Hasan Abdallah Elshreey.
  18. Osama Fawzy Abdelqader Abdelbaqy.
  19. Mahmoud Abdelaleem Abdelsattar.
  20. Abdallah Abdelaal Ismaeel Mohamad.
  21. Shaimaa Maher.

Administrative Judiciary

On November 26  

the Administrative Judicial Court (Second Circuit) decided to cancel the negative decision of the Acting Professions Syndicate to refrain from registering Ayman Abdel Moniem Elsayed in the Syndicate, and its implications for the claimant’s right to join the Acting Professions Syndicate, in appeal No. 40133 of 77, which was filed by The Association for Freedom of Thoughts and Expression.

The appeal was filed on the grounds of the Syndicate of Artists’ negative decision to refrain El-Sayed from joining the syndicate despite his fulfillment of all the required conditions. The syndicate refused to give any reasons for its refusal.

On November 28

The Administrative Court (Sixth Circuit Education) ruled to cancel Helwan University’s negative decision to refrain from appointing the AFTE’s client to the position of teaching assistant at the university due to the lack of security approval, in Appeal No. 2330 of 70, filed by The Association for Freedom of Thoughts and Expression.

It is worthy to mention that the plaintiff is one of the first graduates of the 2021 class of the Faculty of Art Education at Helwan University and the university informed her of her official nomination to fill the position of teaching assistant at the university, and her name was included in University’s decision No. 526 of 2022 and accordingly, the plaintiff submitted her papers, but the university agreed to appoint other teaching assistants as they had the security approval to hire them and declined to appoint the plaintiff due to lack of security approval for her appointment.

The court had referred the appeal to the State Commissioners Authority to consult its legal opinion. In its report, the State Commissioners Authority recommended the Court accept AFTE’s appeal and annul the University’s negative decision to exclude the plaintiff from hiring; it also added that the opinion of the security authorities shouldn’t be conditional on hiring faculty staff and that it shouldn’t be reliable evidence for the administrative authorities to issue a decision to appoint faculty staff or not.

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