AFTE’s Weekly Legal Bulletin (21:28 January 2024)| The detention of 4 was renewed, including 1 of the participants in the October celebrations and 3 of the participants in the demonstrations in support of Gaza, and the administration court rejected the appeal submitted by higher education against Manar Al-Tantawy for refusing to promote her to the rank of professor

Date : Sunday, 28 January, 2024
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22 January sessions

Supreme State Security Prosecution

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, 2023, in Abdel Moneim Riad Square due to his participation in the demonstrations in support of Palestine on October 20.

It is worthy to note that the prosecution accused him of 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.

The Supreme State Security Prosecution decided to renew the detention of Ali Mohmed Ali Abo ElMajd, a student in the fourth year of the Faculty of Sharia and Law at Al-Azhar University, for 15 days, in Case No. 2468 of 2023 (Supreme State Security).

Security forces arrested Abo ElMajd on October 21 of the last year, from his home in the Bulaq Al Dakrur area, due to his participation in the demonstrations in support of Palestine. He remained detained in an unknown place to his family and lawyer until his presentation to the Supreme State Security Prosecution on the 28th of the same month, which proceeded with investigations with him and decided to detain him in pretrial detention for 15 days, pending investigations. The prosecution charged Abo ElMajd 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.

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

Security forces arrested Ghazy from the solidarity march on the Alexandria Corniche. The prosecution charged him with joining a terrorist group, spreading false news, and participating in a gathering that would put public peace in danger.

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. 

Criminal Court

Cairo Criminal Court reserves the lawsuit of journalist Hassan Al-Qabany, in which he’s accused of similarity of names, on March 27 due to the absence of the prosecution witness, the lawsuit known as “Rabaa Operations Room” No. 2210 of 2014.

On April 11, 2015,  Al-Qabany was sentenced in absentia to life imprisonment without being informed of his referral to trial and without being interrogated in the lawsuit against accusations of joining a group established in violation of the law while knowing its purposes, participating in a criminal agreement aimed to attempt to overthrow the state’s constitution and its government using force, publishing and spreading false news and information domestically and abroad about the domestic situation of the country.  And after his arrest took place in May 2023,  Al-Qabany requested a retrial.

AFTE’s lawyer pleaded Al-Qabany’s acquittal with the following pleas:

First plea: A mistake in the identity of the defendant. In the investigation records, there’s a discrepancy in the full name, profession, and date of birth of the defendant mentioned in the indictment and the referral order, as it was stated in the National Security Investigations record that the actual defendant is called Hassan Hosney Hassan, born on September 15, 1976, and holds a Bachelor of Agriculture. As for Al-Qabany, the defendant before trial, his full name is Hassan Mahmoud Ragab Al-Qabany, born on July 27, 1983, and works as a journalist.

Second plea: Arguing that the National Security investigations are invalid because they contradict the truth and reality and do not follow the correct legal investigation that can be relied upon in a criminal trial, as the actual defendant is a different person from the defendant in the trial.

Third and fourth pleas: The absence of the elements of the two accusations, joining a group established in violation of the provisions of the law, and publishing and spreading false news and statements due to the lack of material evidence that completes the elements of the crime.

Fifth plea: The absence of the elements of the two crimes of participating in a criminal agreement aimed to attempt to overthrow the state’s constitution and its government using force and intentionally sabotaging public buildings and property designated for government interests, public facilities, and institutions.

Sixth plea: The lack of connection between Al-Qabany, the defendant before trial, and the accusations attributed to him.

The court of cassation

The court of cassation has sat next 22nd of April 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 against the verdict issued by the Economic Court of sentencing 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 misdemeanors. This comes after the Court of Appeal has ruled its lack of jurisdiction to examine the appeal in April 2022.

The verdict was issued after a police force arrested Refaat and her daughter from an apartment in Heliopolis, On 11 June 2020, 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.

27 January sessions

Supreme Administrative Court

The Supreme Administrative Court refused the Ministry of Higher Education’s appeal No. 14728 of 1969 against the ruling issued in favor of Manar Al-Tantawy, assistant professor in the Department of Mechanical Engineering at the Higher Institute of Technology in 10th of Ramadan, deserving of her entitlement to the professorship degree that she was denied due to the security refusal, until January 27 session, to adjudicate.

The Disciplinary Council of the Teaching Staff at the Higher Technological Institute in the 10th of Ramadan City acquitted Al-Tantawy of the charges attributed to her in Disciplinary Case No. 20 of 2023 last August. The Ministry of Higher Education soon appealed this ruling, continuing the unjustified intransigence directed at El-Tantawy

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