{"id":23052,"date":"2021-06-20T16:57:20","date_gmt":"2021-06-20T14:57:20","guid":{"rendered":"https:\/\/afteegypt.org\/?p=23052"},"modified":"2023-02-12T15:01:08","modified_gmt":"2023-02-12T13:01:08","slug":"10-years-rigorous-imprisonment-for-haneen-hosam-6-years-for-mowada-al-adham-and-a-fine-of-200000-egp-for-each","status":"publish","type":"post","link":"https:\/\/afteegypt.org\/en\/legal-profiles-en\/legal-news-en\/2021\/06\/20\/23052-afteegypt.html","title":{"rendered":"Court of Cassation dismisses Mawaddah al-Adham\u2019s appeal and upholds her 6-year prison verdict"},"content":{"rendered":"

11 February 2023\u00a0<\/b><\/span><\/p>\n

On February 11, the Court of Cassation decided to dismiss the appeal filed by the Association for Freedom of Thought and Expression and Ahmed Ragheb for Law and Legal Consultations on behalf of Mawaddah al-Adham against the verdict against her to 6 years in prison and a fine of 200,000 EGP, pending case No. 4917 of 2020, Sahel Felonies, registered under No. 2016 of 2020 North Cairo known in the media as \u201cTik Tok Girls Case.\u201d<\/span><\/p>\n

the Cassation Prosecution previously recommended in its memorandum to accept al-Adham\u2019s appeal and to annul the verdict issued by the Criminal Court on the basis of her accusation of human trafficking due to the lack of sufficient evidence to outweigh the accusation, but the court did not consider the prosecution\u2019s recommendation. This was al-Adham\u2019s final level of litigation; thus, the verdict is final.\u00a0<\/span><\/p>\n

Security forces arrested al-Adham on May 14, 2020. She\u2019s charged with human trafficking and commercial exploitation of two children by publishing video clips of them on social media.<\/span><\/p>\n

12 November 2022 “Court of Cassation to examine Mawaddah al-Adham\u2019s appeal against her 6-year prison sentence on February 11”\u00a0<\/b><\/span><\/p>\n

On November 12, the Court of Cassation set next February 11, 2023, as a date to examine the appeal filed by the Association for Freedom of Thought and Expression and Ahmed Ragheb for Law and Legal Consultations on behalf of Mawaddah al-Adham in the case that\u2019s known in the media as \u201cTik Tok Girls Case\u201d.\u00a0<\/span><\/p>\n

The appeal was filed challenging the sentence issued by the Criminal Court on June 20, 2021, against Mawaddah to 6 years in prison, in connection with Case No. 4917 of 2020, Sahel Felonies, registered under No. 2016 of 2020 North Cairo, in which the Public Prosecution charged her with human trafficking and commercial exploitation of two children by publishing video clips of them on social media.<\/span><\/p>\n

The memorandum of reasons of appeal that both AFTE and Ahmed Ragheb law firm submitted before the court stated that the accusations against Mawaddah can only be proven or denied by a technical expert examining the mobile phones and laptops seized in Mawaddah\u2019s possession at the time of her arrest; to indicate the ownership of the account that published the videos and that the court based its verdict on oral evidence instead of a technical report from a specialized expert, even the technical report issued by the Ministry of Communications did not prove Mawaddah\u2019s ownership of the accounts in question.\u00a0<\/span><\/p>\n

 <\/p>\n

In addition to the testimonies of the two children whom Mawaddah was accused of commercially exploiting, where they admitted that they were the ones who initiated filming with her based on their personal choice, and the video which the Public Prosecution considered as evidence of conviction was posted as a story on Instagram which is automatically deleted after 24 hours of the publishing date, which denies that Mawaddah profited from publishing it, and accordingly denies that she commercially exploited the two children.\u00a0<\/span><\/p>\n

18 April 2022 “Cairo Criminal Court sentenced Haneen Hossam to 3 years in prison and a fine<\/strong><\/span> of 200 thousand Egyptian pounds”\u00a0<\/strong><\/span><\/p>\n

Today, Cairo Criminal Court sentenced Haneen Hossam to three years in prison, a fine of 200,000 Egyptian pounds in connection with lawsuit No. 4917 of 2020 (Sahel Felonies), restricted to No. 2106 of 2020 (North Cairo), known in the media as the human trafficking lawsuit. The court also ordered her to pay the criminal expenses.<\/p>\n

On June 21, 2021, The same court issued a verdict in absentia to 10 years in prison and a fine of 200,000 Egyptian pounds against Hossam; her retrial was held giving that she was sentenced in absentia, as following by Article (395) of the Code of Criminal Procedure, Which gives those convicted in absentia the validity to request a retrial before the penalty is extinguished by the lapse of time.<\/p>\n

The verdict issued today by Cairo Criminal Court comes against the backdrop of accusing Hossam of human trafficking and commercial exploitation of children.<\/p>\n

13 April 2022 “Court of Appeal ruled its lack of jurisdiction to examine Mawaddah al-Adham\u2019s appeal against verdict to fine her 300,000 EGP”<\/strong><\/span><\/p>\n

Today, the Court of Appeal (Circuit 15) ruled that it had no jurisdiction to examine appeal No. 11144 of 12 filed on behalf of Mawaddah al-Adham, against the verdict issued by the Cairo Economic Court to fine her 300,000 Egyptian pounds and to refer the appeal before the Criminal Court; according to the Economic Court\u2019s law.<\/p>\n

The events date back to July 2020, as the Cairo Economic Court sentenced Al-Adham to two years in prison and fined her 300,000 Egyptian pounds in Case No. 246 of 2020 (economic misdemeanors). However, the court upheld the fine and annulled the prison sentence, attributing the reasons for its ruling to the defendant’s young age and to preserve her future.<\/p>\n

30 March 2022 “Court of Appeal to adjudicate Mawaddah al-Adham\u2019s appeal against verdict to fine her 300,000 Egyptian pounds on April 13”<\/strong><\/span><\/p>\n

Yesterday, the Court of Appeal (Circuit 15) set 13 April as a date to adjudicate appeal No. 11144 of 12 filed on behalf of Mawaddah al-Adham, against the verdict issued by the Cairo Economic Court to fine her 300,000 Egyptian pounds.<\/p>\n

In July 2020, the Cairo Economic Court sentenced Al-Adham to two years in prison and fined her 300,000 Egyptian pounds, into Case No. 246 of 2020 (economic misdemeanors) and restricted to No. 479 of 2020 (appealed misdemeanour).\u00a0<\/span>however, on 12 January 2021, the court upheld the fine and annulled the prison sentence, attributing the reasons for its ruling to the young age of the defendant and to preserve her future.<\/p>\n

22 March 2022 “Criminal Court sets the date of Haneen Hossam’s lawsuit on human trafficking for adjudication to April 18”<\/strong><\/span><\/p>\n

Yesterday, the Criminal Court (Circuit 15 South Cairo) decided to set the date of Haneen Hossam’s trial session in connection with Case No. 4917 of 2020 (Sahel Felonies), restricted to No. 2106 of 2020 (North Cairo), known in the media as the human trafficking case, to next April 18 for adjudication.<\/p>\n

Hossam’s defense in yesterday’s session was based on several pleas including lack of jurisdiction of the Circuit 15 South Cairo to hold the sessions and the jurisdiction of North Cairo courts as stipulated in Article (217) of the Judicial Authority Law.<\/p>\n

Inadmissibility of rehearing the case, due to the previous adjudication in Case 246 of 2020 Cairo Economic Misdemeanour (known as the case of demolishing family values), in which the Cairo Economic Court had previously acquitted Hossam of the charge against her.<\/p>\n

The defense also pleaded the lack of elements of the crimes of human trafficking and exploitation, the lack of the physical and technical evidence, the nullity of the investigations and the contradiction of the statements of its conductors, the lack of the material and moral element of the exploitation crime, and the lack of the general criminal intent.<\/p>\n

21 February 2022\u00a0<\/strong><\/span><\/p>\n

Today, the Criminal Court (Circuit 15 South Cairo) decided to adjourn the trial session of Haneen Hossam in connection with Case No. 4917 of 2020 (Sahel Felonies), restricted to No. 2106 of 2020 (North Cairo), known in the media as the human trafficking case, to next March 22 session as Hossam\u2019s defense shall submit documents to the Court.<\/p>\n

In today\u2019s session, the Court heard the statements of the witnesses, Malak Mohammad, Habiba Essam, Nada Khaled, and Sara, the girls that Hossam contacted on WhatsApp to work with her at Likee App. in which the Public Prosecution considered as human trafficking and commercial exploitation of children\u00a0 – According to the Public Prosecution – this implicitly incited immortality, temptation, and prostitution, through video conversations and establishing friendships intending to obtain financial benefits.<\/p>\n

It should be noted that The Criminal Court sentenced Hossam in absentia to 10 years in prison and a fine of 200,000 pounds, while the Economic Court acquitted her of charges of assaulting family values and creating and managing private accounts.<\/p>\n

18 January 2022<\/strong><\/span><\/p>\n

Yesterday, the Criminal Court (Circuit 15 South Cairo) decided to adjourn the trial session of Haneen Hossam in connection with Case No. 4917 of 2020 (Sahel Felonies), restricted to No. 2106 of 2020 (North Cairo), known in the media as the human trafficking case, to next February 21 for calling the rest of the witnesses.<\/p>\n

Hossam\u2019s defense demanded the court in the penultimate session to hear the witnesses, which the court accepted in yesterday\u2019s session by hearing two witnesses that Hossam contacted on the WhatsApp group in order to work with her at Likee, the court also decided to fine the witnesses who did not attend the session with 500 Egyptian Pounds.<\/p>\n

Hossam faces two charges of human trafficking and commercial exploitation of children, Earlier, Cairo Criminal Court sentenced Hossam to 10 years in prison and a fine of 200,000 pounds.<\/p>\n

20 December 2021\u00a0<\/strong><\/span><\/p>\n

Yesterday, the Criminal Court (Circuit 15 South Cairo) decided to adjourn the trial session of Haneen Hossam in connection with Case No. 4917 of 2020, (Sahel Felonies), restricted to No. 2106 of 2020 (North Cairo), known in the media as the human trafficking case, to next January 18 for the defense panel\u2019s requests.<\/p>\n

In her own defense, Hossam argued after the Court allowed her to speak at the beginning of the session that all that she was asked is to promote Likee App which already has advertisements and promotions everywhere.<\/p>\n

Hossam\u2019s defense requested the following before the court:<\/p>\n

1- Authorization to extract an official copy of the witness\u2019s testimony in Case No. 246 of 2020, restricted to No. 479 of 2020 in which the Cairo Economic Court found Hossam not guilty of the charges leveled against her.<\/p>\n

2- An official copy of record No. 2016 of 2020 (Al-Waili misdemeanor)<\/p>\n

3- Hearing of victims Malak Mohammad, Habiba Essam, Rawan Saleh, Nada Khaled, and Hebat Allah Khaled Ahmed Mousa testimony, the girls that Hossam contacted on the WhatsApp group in order to work with her at Likee.<\/p>\n

Earlier, the Cairo Court of Appeals rejected Hossam\u2019s defense request to refer the case to another circuit, as the same circuit had previously considered the case and issued a sentence against Hossam of 10 years imprisonment and a fine of 200,000 pounds.<\/p>\n

17 November 2021\u00a0<\/strong><\/span><\/p>\n

On November 17, The Appellate Court (Circuit 27 Civils) dismissed the request of Haneen\u2019s Hossam\u2019s defense of recusation of court, in connection with Case No. 4917 of 2020, Sahel Felonies, restricted to No. 2106 of 2020, North Cairo, known in the media as the human trafficking case.<\/p>\n

Hossam\u2019s defense had requested in her first retrial session for the court\u2019s recusation to refer the case to another circuit, as the Criminal Court (Circuit 5 South Cairo) had previously considered the case and issued a verdict on 21 June, sentencing the defendant in absentia to 10 years in prison and ordered her to pay a fine of 200,000 pounds, which the Appellate court dismissed and decided to confiscate the bail and fine Hossam and that the Criminal Court shall consider the case next December 20.<\/p>\n

Hossam faces two charges of human trafficking and commercial exploitation of children in connection with the mentioned case.<\/p>\n

14 November 2021<\/strong><\/span><\/p>\n

Yesterday, The Criminal Court (Circuit 15 South Cairo) decided to adjourn the trial session of Haneen Hossam in connection with Case No. 4917 of 2020, Sahel Felonies, restricted to No. 2106 of 2020, North Cairo, known in the media as the human trafficking case, to next December 20th for the court’s response.<\/p>\n

Hossam’s defense had asked for the court’s response to refer the case to another court, as the Criminal Court had previously considered the case and responded with the verdict in absentia against the defendant on June 21, to 10 years in prison and a fine of 200,000 pounds.<\/p>\n

The Public Prosecution charged Hossam with two charges of human trafficking and commercial exploitation of children; according to the prosecution’s reports, she committed the human trafficking crime by dealing with natural persons, namely two girls and other young women, by using them on the pretext of providing them with job opportunities under the guise of working as broadcasters on Likee. This implicitly incited immortality, temptation, and prostitution, through video conversations and establishing friendships during the period of isolation that swept the world under the Covid-19 pandemic, intending to obtain financial benefits.<\/p>\n

Notably, the Economic Court acquitted Hossam of charges of assaulting family values and creating and managing private accounts.<\/p>\n

1 November 2021<\/strong><\/span><\/p>\n

Yesterday, Cairo Appellate Court set Sunday’s November 14 session to consider the first session of Haneen Hosam’s retrial, before the Criminal Court (Circuit 15 South Cairo), in Case No. 4917 of 2020, Sahel Felonies, restricted to No. 2106 of 2020, North Cairo, known in the media as the human trafficking case.<\/p>\n

The first retrial session was scheduled to take place next November 4, before The Criminal Court (Circuit 5 South Cairo), Appellate Court issued the retrial decision given the verdict issued by the Cairo Criminal Court on June 21 against the defendant in absentia, to 10 years in prison and a fine of 200,000 pounds, Following by Article (395) of the Code of Criminal Procedure, Which gives those convicted in absentia the validity to request a retrial before the penalty is extinguished by the lapse of time.<\/p>\n

4 October 2021\u00a0<\/strong><\/span><\/p>\n

The South Cairo Criminal Court (Fifth Circuit) shall consider the first session of the retrial of “Haneen Hosam” in Case No. 4917 of 2020, Sahel Felonies, restricted to No. 2106 of 2020, North Cairo, known in the media as the human trafficking case.<\/p>\n

The Court of Appeal issued the decision, given the verdict issued against the accused in absentia on June 21, by the Cairo Criminal Court, to 10 years in prison and a fine of 200,000 pounds.<\/p>\n

Following by Article (395) of the Code of Criminal Procedure, which stipulates If the person convicted in absentia appears or is arrested, before the expiration of his sentence, or his representative attended and requested a retrial before the penalty lapses,\u00a0 the head of the Court of Appeal determines the nearest session to re-examine the lawsuit and presents the convicted person to be imprisoned at the session. The court may order his release or his provisional detention until the lawsuit is decided. And in this case, the court is not allowed to increase what the verdict in absentia has decreed.<\/p>\n

The Public Prosecution charged the defendant with two charges of human trafficking and commercial exploitation of children; according to the prosecution’s reports, she committed the human trafficking crime by dealing with natural persons, namely two girls and other young women, by using them on the pretext of providing them with job opportunities under the guise of working as broadcasters on Likee. This implicitly incited immortality, temptation, and prostitution, through video conversations and establishing friendships during the period of isolation that swept the world under the Covid-19 pandemic, intending to obtain financial benefits.<\/p>\n

Exploiting two girls commercially by encouraging and helping them join an online application through which they gain a financial benefit in return for getting children to join the application and creating videos for them on it.<\/p>\n

19 August 2021<\/strong><\/span><\/p>\n

Last Thursday, The Association for Freedom of Thought and Expression and Ahmed Ragheb for Law and Legal Consultations filed a memorandum of reasons of appeal against the negative verdict issued by Cairo Criminal Court, pending Case No. 4917 of 2020, Sahel Felonies, registered under No. 2016 of 2020 North Cairo, against \u201cMawaddah al-Adham\u201d and other TikTok bloggers.<\/p>\n

The verdict stipulated the punishment of \u201cHaneen Hossam Abdel-Kader Mohamed Abdel-Glil” with a ten-year heavy prison sentence and a fine of 200 thousand pounds for what was attributed to her, and to punish \u201cMawaddah Fathy Rashad al-Adham” and others with a six-year heavy prison sentence and a fine of 200 thousand pounds for what was attributed to them, and to obligate them to afford the expenses and confiscation of seized tools and sums.<\/p>\n

The memorandum of appeal against the appealed verdict was based on the following reasons: First error in law by ignoring the text of articles 454 and 455 of criminal procedures and to address a fact that was previously decided upon by the final judgment issued by the Economic Court regarding the accusation of destroying family values.<\/p>\n

The second error in reasoning and in understanding the reality, violation of the evidence established in the papers by relying on oral evidence by considering it technical evidence and excluding the only technical evidence found in papers.<\/p>\n

Third deficiencies in the statement and causation for not invocation the crime of human trafficking, as well as the manifestations of use and exploitation in the actions attributed to the appellant, in addition to the court\u2019s failure to respond to the appellant\u2019s essential defense of not having control over her personal accounts, the subject of the crime.<\/p>\n

Notably, the Economic Court acquitted \u201cHaneen Hossam\u201d and \u201cMawaddah al-Adham\u201d of charges of assaulting family values and creating and managing social private accounts, but the Public Prosecution referred them to the Criminal Court in the current case on the background of a video clip that the Public Prosecution considered it as an attack on the values of the Egyptian family and incitement to prostitution and human trafficking, although the same video clip was presented as incriminating evidence in the first case, but the Economic Court did not consider it as evidence of indictment and acquitted them.<\/p>\n

20 June 2021<\/strong><\/span><\/p>\n

Cairo Criminal Court 15D South of Cairo has ruled, today June 20, 2021, in Case No. 4917 of 2020, Sahel Felonies, registered under No. 2016 of 2020 North Cairo.<\/p>\n

In absentia for the first defendant \u201cHaneen Hosam\u201d with 10 years rigorous imprisonment and a fine of 200,000 EGP, and in her presence for the second defendant “Mowada Al-Adham\u201d with 6 years rigorous imprisonment and a fine of 200,000 EGP.<\/p>\n

And obliged them to pay the expenses and confiscate all the seizures.<\/p>\n","protected":false},"excerpt":{"rendered":"

11 February 2023\u00a0 On February 11, the Court of Cassation decided to dismiss the appeal filed by the Association for Freedom of Thought and Expression and Ahmed Ragheb for Law and Legal Consultations on behalf of Mawaddah al-Adham against the verdict against her to 6 years in prison and a fine of 200,000 EGP, pending […]<\/p>\n","protected":false},"author":1,"featured_media":33565,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_lmt_disableupdate":"no","_lmt_disable":"","_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[978],"tags":[],"class_list":["post-23052","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-legal-news-en"],"acf":[],"yoast_head":"\nCourt of Cassation dismisses Mawaddah al-Adham\u2019s appeal and upholds her 6-year prison verdict - 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