AFTE’s Weekly Legal Bulletin (14:21 April 2024)|: Continuing the detention of two accused of demonstrating in solidarity with Palestine, the Criminal court renewed the imprisonment of a human rights lawyer and a student, and Shebin Al-Qanater’s misdemeanor acquitted Ahmed Al-Sawaf of the charge of escaping from police surveillance

Date : Sunday, 21 April, 2024
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16 April 2024 session

Cairo Criminal Court

The Cairo Criminal Court (Third Circuit Terrorism) looked into lawsuit No. 2468 of 2023 (Supreme State Security) of two participants who demonstrated solidarity with Palestine. Decisions were as following: 

 1- Renewing the detention of Ahmed Husine Ahmed Abostit for 45 days pending investigations. 

Security forces 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.

2- Postponing looking at 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 one month, in Case No. 2468 of 2023 (Supreme State Security) after the session was not be held for the second time.

The court did not give reasons for not holding a session for Ali this time despite holding it for the remaining defendants in other places of detention.

Notably, the decision came after an argument between the head of the circuit and one of the lawyers.

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 both Abo ElMajd and Abostit 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.

Supreme State Security Prosecution

The Supreme State Security Prosecution renewed the detention of  Mahmoud Gamal Abo Sree, for 15 days pending investigations of lawsuit No. 508 of 2023 (Supreme State Security).

Security forces arrested Abo Sree On December 19, 2023, from Borg ElArab Airport while returning from abroad to spend a vacation with his family; he was brought before the Supreme State Security Prosecution on December 20, 2023, and was charged with joining a terrorist group while knowing its purposes, and publishing and broadcasting false news and information that would harm security and public order—and using an account on international information networks for publishing and posting false news and information.

It is also worth noting that he was not confronted with any seizures, nor was he confronted with any news or publications concerning him.

17 April 2024

Cairo Criminal Court

On 17 April, the Cairo Criminal Court (Third Circuit Terrorism) decided to renew the detention of two persons for 45 days pending trial: 

1- Student Ahmed Khaled El-Toukhy, accused in the lawsuit 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 over three months.

2- Human rights lawyer Ahmed Nazeer El-Helw, after one and a half years in pre-trial detention, in lawsuit No. 1940 of 2022 Supreme State Security. 

Security forces arrested El-Helw from his house on 7 November 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 Administrative Court

The Thirteenth Circuit “Appeals” of the Administrative Court reserved Case No. 2199 of the judicial year 56, which was filed by Helwan University against the Administrative Court’s ruling in favor of Sarah Ahmed Al-Taher Khater confirming her right to be appointed as a teaching assistant at Helwan University, in order to issung the ruling in 28 April session.

In 28 November 2023 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 worth noting that the plaintiff is one of the first graduates of the 2021 class of the Faculty of Art Education at Helwan University. The university informed her of her official nomination to fill the teaching assistant position at the university, and her name was included in the University’s decision No. 526 of 2022. Accordingly, the plaintiff submitted her papers, but the university agreed to appoint other teaching assistants as they had the security approval to hire them. It declined to appoint the plaintiff due to a 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.

 

State Council court

The Foundation for Freedom of Thought and Expression (AFTE) filed a lawsuit at the State Council court in the city of Benha, on behalf of Nada Osama Abdel-Mughni against the Faculty of Arts at Benha University due to the negative decision to refrain from appointing her as a teaching assistant at the college, despite her eligibility. 

The case No. 7026 of the 11th judicial year. The court set a session for April 7 to consider the case at the State Commissioner’s Authority. 

AFTE attended the session and presented the supporting papers, and the State Commissioners Authority decided to reserve the case for a report.

 

Misdemeanor Court

Shebin al-Qanater Misdemeanor Court acquitted the student Ahmed Saeed Ahmed al-Sawaf after issuing a one-year prison sentence against him in absentia in Case No. 19808 of 2023 Shebin al-Qanater Misdemeanor on charges of escaping police surveillance imposed on him by the Criminal Court in the case known in the media as Al-Fath Mosque Incidents.

Al-Sawaf served a ten-year aggravated prison sentence in implementing the ruling against him in the Al-Fatah Mosque incident case, No. 8615 of 2013, Azbakeya criminal.

He was supposed to spend a period under police supervision after the end of his prison sentence, but Shebin al-Qanater Police Station filed a report against Ahmed, accusing him of escaping from supervision on September 1, 2023.

On August 16, 2023, while completing his release procedures, Al-Sawaf was unlawfully re-detained in a location unknown to his family and lawyer until he was presented to the prosecution, pending the new case on October 8.

Ahmed is being investigated in Case No. 8297 of 2023 (Shebin el-Qanater Administrative) on charges of joining a terrorist group while knowing its purposes, in which investigations began last October. 

Al-Sawaf was Dismissed from his university due to his imprisonment, while his lawyers took steps to have him return.

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