Monitoring and Documentation Unit’s Publications
Methodology
This report is based on an online interview with Omar Mahmoud al-Hout’s father, an interview over the phone with lawyer Ahmed Moawad who had earlier provided legal aid to al-Hout, and information provided by AFTE’s Legal Aid Unit which is currently providing legal support to al-Hout.
Background
Omar Mahmoud Ahmed al-Hout, 32, was a fourth-year student at the Faculty of Pharmacy at Zagazig University at the time of his arrest in 2014. He failed to take his exams that year, but he later resumed his study in prison and managed to obtain a bachelor of pharmacy.
The security authorities targeted al-Hout over his activism at the university. He was a member of the Students’ Union at Zagazig University. Although he had stopped participating in student activities since November 2013, the authorities continued to persecute him and arrested him in 2014. He was arrested in Nasr City and was investigated by the National Security police at the second New Cairo police station. He was released on bail and taken to Zagazig to implement the release procedures. Then, he was repeatedly prosecuted and it was found out that he was involved in five cases, including the demonstration case No. 3557 of 2013 (South Sharqia Full Court in 2013), in which he was sentenced to five years in prison and five more years of probation. His jail term, which he served in Wadi al-Natrun prison, ended on 5 January 2020. Since then, he has been recycled into six different cases, bringing the number of cases in which he was investigated to nearly 12, in which he faced almost the same charges.
Al-Hout’s father was arrested on 29 October 2014 – a month before his son was arrested – on charges of protesting, possessing anti-government publications, and joining a terrorist group. The father remained in detention until 24 May 2015, when he was acquitted of those charges.
In this report, AFTE sheds light on the prolonged and continuous security and judicial targeting of Al-Hout against the backdrop of his activism at the university, even though he quit public work before his arrest.
Al-Hout’s arrest
A police force arrested Al-Hout in a pharmacy he was working in in Nasr City on 23 November 2014. The force took him to his home in the Third Settlement neighbourhood, where they searched the place and found a note belonging to the Nadeem Center for the Rehabilitation of Victims of Violence and Torture. After that, he was taken to the second New Cairo police station where he was interrogated by the head of the investigations department in connection with case No. 5736 of 2014 (First New Cairo administrative). Al-Hout was questioned about his political activity since 2009, the date of joining the National Association for Change, and his role in the 25 January revolution, especially in Sharqia Governorate. Al-Hout had quit all political and student activities and demonstrations in 2013.
On 24 November 2014, Al-Hout was brought before the Public Prosecution, which remanded him in custody for four days. On the fourth day, he was taken to the National Security office in the Fifth Settlement, next to the second New Cairo police station, where he was interrogated for two hours. He was questioned about his link to the Muslim Brotherhood, joining the National Association for Change, his position towards the 30 June 2013 mass protests, and his participation in the sit-in staged by supporters of late Islamist President Mohamed Morsi in Rabaa al-Adawiya Square, east of Cairo.
The investigation officer told Al-Hout that he was aware that he had quit political and student activities a year and a half ago, but “we are settling old scores with you over those things”, according to a letter that Al-Hout sent to his father at the time.
Al-Hout was released on a bail of 10,000 pounds on 2 January 2015. Three days later, he was transferred to the second Zagazig police station to carry out the procedures of his release, but he was surprised that he was listed in five cases. In two of these cases, namely Case No. 3389 of 2013 (South Zagazig Full Court – felonies ) and Case No. 2685 of 2013 (South Zagazig District Court – felonies), he received prison sentences in absentia. Later, he submitted a request asking for a retrial, and was consequently acquitted in both cases. He was also acquitted in two other cases, namely Case No. 3560 of 2013 (South Zagazig Full Court – felonies), and Case No. 3670 of 2013 (South Zagazig District Court – felonies), according to lawyer Ahmed Moawad, who was member of Al-Hout’s defence panel at the time.
Al-Hout sentenced to five years
In the fifth case, No. 3557 of 2013 (South Sharqia Full Court), the Public Prosecution charged Al-Hout, as well as 54 others, with rallying, blocking a road, displaying force, threatening to use violence, damaging public and private property, and resisting the authorities. On 4 February 2014, the case was referred to the Zagazig Criminal Court, which – on 26 May 2015 – sentenced Al-Hout to five years in prison and five more years of probation. He served his jail term in Wadi al-Natrun prison, where he resumed his pharmacy studies.
A series of endless recycling
- After serving a five-year prison sentence that ended on 5 January 2020, Al-Hout was transferred from Wadi al-Natrun prison to Abu Kabir police station to carry out procedures for his release, but the police station refused to release him and detained him illegally. On 28 February 2020, he appeared before the prosecution in connection with Case No. 1607 of 2020 (State Security Misdemeanour – Abu Kabir), where he faced charges of joining a terrorist group, promoting its ideas and possessing publications. On 27 July 2020, the court sentenced him to two months in prison and ordered him to pay a fine of 500 pounds.
- Al-Hout remained in detention at Abu Kabir police station, although his father sent distress letters to the Public Prosecutor asking for the release of his son, fearing that he would be recycled into other cases. However, Al-Hout was brought before the prosecution in connection with Case No. 3139 of 2020 (Emergency State Security Misdemeanour – Abu Kabir), in which he was sentenced on 28 November 2020 to two months in prison and ordered to pay a fine of 50 pounds, on charges of joining a terrorist group and promoting its ideas.
- On 28 December 2020, Al-Hout was brought before the prosecution again in connection with Case No. 4071 of 2020 (Emergency State Security Misdemeanour – Abu Kabir), on charges of joining a terrorist group and promoting its ideas. The prosecution decided to remand him for 15 days pending investigations before the case was referred to the Abu Kabir Emergency State Security Misdemeanour Court, which on 30 January 2021 sentenced him to two months in prison and ordered him to pay a fine of 500 pounds.
- For the fourth time after serving his five-year jail term, Al-Hout was recycled into Case No. 1144 of 2021 (Emergency State Security Misdemeanour – Abu Kabir) on 24 March 2021. On 26 May 2021, the Abu Kabir Emergency State Security Court sentenced him to three months in prison on charges of joining a terrorist group and promoting its ideas through publications with a view to disrupting the provisions of the constitution and laws and preventing state institutions and public authorities from carrying out their work. These publications were confiscated during his arrest from his home.
- Instead of releasing him after serving a three-month prison sentence, the authorities continued the illegal detention of Al-Hout at Abu Kabir police station until he was brought before the Abu Kabir prosecution on 13 July 2021 in connection with Case No. 1873 (Emergency State Security Misdemeanour – Abu Kabir). The prosecution remanded him in custody for 15 days pending investigations. Then, the case was referred to the Abu Kabir Emergency State Security Misdemeanour Court, which on 11 September 2021 sentenced him to two months in prison and ordered him to pay a fine of 500 pounds.
- Al-Hout ended his jail term in Case No. 1873 of 2021 (Emergency State Security Misdemeanour – Abu Kabir) on 24 November 2021. Then, he was recycled into a new case, No. 24978 of 2021 (Abu Hammad misdemeanour), on the same charges (joining a terrorist group), then he was deported to Abu Hammad police station. The South Zagazig Prosecution decided to remand him for 15 days pending investigations.
The case in which Al-Hout is currently detained
Violations against Al-Hout have continued, as by 8 December 2021 his detention was renewed for 15 days consecutively. The last of these renewals was on 16 March 2022 when the South Zagazig Prosecution decided to renew his detention for 15 days and refer him to the council chamber. On 13 April 2022, the Zagazig Criminal Court (the council chamber) decided to renew Al-Hout’s detention for 45 days in connection with Case No. 24978 of 2021 (Abu Hammad misdemeanour).
During these renewals, and due to Al-Hout’s suffering from lower back pain and difficulty in moving on his feet, the lawyers demanded that he be taken to doctors. The prosecution agreed to perform an MRI (Magnetic Resonance Imaging) on his spine, the report of which proved that he had a lumbar herniated disc. However, the council chamber renewed his detention for 45 days.
On 25 May 2022, the Zagazig Criminal Court (the council chamber) decided to release Al-Hout under the guarantee of his place of residence, pending investigation into Case No. 24978 of 2021 (Abu Hammad misdemeanour). But on the same day the prosecution appealed the release decision. The next day, the Criminal Court accepted the appeal, and the decision to release Al-Hout was overturned, and his detention was renewed for 45 days pending investigation into the case.
Continuing to use recycling into new cases as a means of abuse and revenge and to keep Al-Hout behind bars, the Zagazig Criminal Court (the Fourth Circuit) decided on 4 July 2022 to renew his detention for 45 days in connection with the same case, the sixth in which he was involved after he was sentenced to five years in prison. The court has since continued to renew his detention for 45 days.
Thus, Al-Hout was recycled into six cases after serving a five-year prison sentence, as follows:
- Case No. 1607 of 2020 (State Security Misdemeanour – Abu Kabir). On 27 July 2020, the court sentenced him to two months and ordered him to pay a fine of 500 pounds.
- Case No. 3139 of 2020 (Emergency State Security Misdemeanour – Abu Kabir). On 28 November 2020, the court sentenced him to two months in prison and ordered him to pay a fine of 50 pounds.
- Case No. 4071 of 2020 (Emergency State Security Misdemeanour – Abu Kabir). On 30 January 2021, the court sentenced him to two months in prison and ordered him to pay a fine of 500 pounds.
- Case No. 1144 of 2021 (Emergency State Security Misdemeanour – Abu Kabir). On 26 May 2021, the court sentenced him to three months in prison.
- Case No. 1873 (Emergency State Security Misdemeanour – Abu Kabir). On 11 September 2021, the court sentenced him to two months in prison and ordered him to pay a fine of 500 pounds.
- Case No. 24978 of 2021 (Abu Hammad misdemeanour): repeated renewals of detention, the latest of which was a 45-day renewal by the Zagazig Criminal Court (the Fourth Circuit) on 4 July 2022.
Conclusion and recommendations
The security services and judicial authorities have continued to restrict Al-Hout’s freedom throughout eight consecutive years, by recycling him into various cases after he served all the prison sentences the Emergency Supreme State Security Court issued against him. He started serving these jail terms when he was a student in the fourth year at the Faculty of Pharmacy, from which he graduated while in prison. Al-Hout was told during the first interrogation session held at the National Security office in New Cairo that his student activities, especially those related to his membership of the Zagazig University Students’ Union, were the main reason for targeting him.
AFTE condemns the use of exceptional courts and pretrial detention to punish a student for expressing his opinions and for his legitimate peaceful activism at his university. It calls on the Public Prosecutor to quickly stop the abuse of Al-Hout and release him immediately.
