AFTE’s Weekly Legal Bulletin (3: 10 March 2024)| Appeals Court postpones hearing the “electoral process papers” case until the 27 May session, and the Criminal Court renews the detention of 9 defendants, including the translator Marwa Arafa and the lawyer Ahmed Nazeer El-Helw

Date : Sunday, 10 March, 2024
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4 March 2024 sessions

Appeals Court

The Court of Appeal postponed looking into the appeal of Ahmed Muhammad Ramadan Al-Tantawi and 22 members of his electoral campaign against their one-year imprisonment till the next 27 May session to complete the pleadings in Case No. 16336 of 2023, Matareya misdemeanors, which is popular as electoral process papers.

On 6 February 2024, The Matareya Misdemeanor Court ruled to imprison Ahmed Muhammad Ramadan Al-Tantawi and his presidential campaign manager, Muhammad Musa Abu Al-Diyar, for one year with a bail of 20,000 pounds for each of them to suspend execution until appeal, and one year’s imprisonment for 21 of the other defendants in the case. The court also ruled to ban Ahmed Al-Tantawi from running for parliamentary elections for a period of 5 years.

The court has charged El-Tantawy and his campaign manager with Participating through incitement, agreement, and supplying the twenty-one other defendants with one of the electoral process papers (Form No. 4) and printing and circulating it without the permission of the competent authority, as well as charging the rest of the defendants with printing and circulating an electoral process paper (Form No. 4) without a license.

 

Criminal Court

  • After one year in pre-trial detention, the Cairo Criminal Court (First Circuit Terrorism) decided to renew the detention of human rights lawyer Ahmed Nazeer El-Helw for 45 days pending investigations of lawsuit No. 1940 of 2022 Supreme State Security.

Security forces arrested El-Helw from his house on November 7 2022, in conjunction with the random arrests by the security forces with the increasing calls for demonstrations on 11 November 2022. El-Helw was illegally detained for 6 days till he appeared before the prosecution, facing accusations of joining a terrorist group.

  • The Cairo Criminal Court (First Circuit Terrorism) decided to renew the detention of student Ahmed Khaled El-Toukhy for 45 days pending trial no. 532 of 2021 Shebin El Qanater against the background of joining a terrorist group established against the law aiming to disturb public security. 

Contrary to what is stated in the police report -that he was arrested in an ambush near his house- El-Toukhy headed to the National Security premises on the 26th of September, 2020 after being summoned by an officer over the phone. El-Toukhy then appeared on the 12th of January, 2021, after forcibly disappearing for more than three months.

5 March 2024 sessions

Criminal Court

  • The Criminal Court (Second Circuit Terrorism) decided to renew the detention of Amr Abdel-Moneim for 45 days, pending investigations of lawsuit No. 930 of 2019 (Supreme State Security).

Abdel-Moneim exceeded four years in pretrial detention, as security forces arrested him on July 19, 2019, in connection with the aforementioned case, known in the media as “the Alliance of Hope lawsuit,” which included several political activists, many of whom were released. AFTE calls for Abdel-Moneim’s release, similar to those who were released in the same lawsuit, and for lack of legal justifications for his continued detention. Abdel-Moneim faces accusations of joining a terrorist group and spreading false news.

  • The Criminal Court (First Circuit) decided to renew the detention of translator and political activist, Marwa Arafa, for 45 days, pending investigations of lawsuit No. 570 of 2020 (Supreme State Security).

Arafa has been detained in connection with this lawsuit since April 2020, despite the lack of legal justifications for her continued imprisonment as the Criminal Procedure Code stipulates that the period of pretrial detention must not exceed two years, after which release is mandatory.

This incident caused psychological disorders to her daughter Wafa, who was two years old at the time, as a result of the trauma she experienced when she witnessed her mother’s arrest, which resulted in delayed language problems with communication.

Arafa faces accusations of joining and financing a terrorist group; based on an accusation that she was financially supporting prisoners, Arafa denied the accusation and stated that she was only trying to help those in need, including the families of prisoners who may have lost their sole breadwinner. Even then, she had not provided any financial support, only supplies such as food and clothing.

  • The Criminal Court (First Circuit) renewed the detention of Mohamed Ahmed Saad for 45 days, pending investigations of lawsuit No. 930 of 2019 (Supreme State Security), known in the media as “the Alliance of Hope lawsuit.” which included a large number of political activists, Although he didn’t participate in any political activity.

Saad exceeded the legal period of pretrial detention stipulated in the law, as he was arrested from inside the examination hall at the Faculty of Commerce at Al-Azhar University on May 17, 2019, he appeared before the Prosecution on July 1. Saad faces accusations of joining a terrorist group, financing this group, spreading false news and information, and using a social media account to spread false news.

  • The Criminal Court (First Circuit) renewed the detention of Amir Sayed Mohamed and Reyad Mohamed Abdel Rahaman for 45 days, pending investigations of lawsuit No. 744 of 2023 (Supreme State Security).

Although Amir and Reyad are Zamalek football club fans, the prosecution accused them of joining a terrorist group, Ultras Ahlawy, and spreading false news and information that would harm public security and order.

Security forces arrested Amir and Reyad on May 3 from the DownTown district in Cairo, and security forces detained them without legal basis and in an unknown location for eight days before presenting them before the prosecution.

6 March 2024 sessions 

Criminal Court

  • The Criminal Court (First Circuit) renewed lawyer Saied Hassan Ali’s detention for 45 days pending investigations of lawsuit No. 238 of 2021 (Supreme State Security).

The Supreme State Security Prosecution investigated Ali in this lawsuit after his release from another. The lawyer and human rights defender faces accusations of joining a terrorist group and spreading false news.

  • The Cairo Criminal Court (First Circuit Terrorism) decided to renew the detention of Omar Mohamed Mohamed ElDahma, a graphic designer, for 45 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 stopped ElDahma in front of his house in the Miami neighborhood in Alexandria. The prosecution charged him with joining a terrorist group, spreading false news, and participating in a gathering that would put public peace in danger

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