“The most important investigations, trials and procedures related to justice and respect for the rule of law that took place in a week and ANHRI’s commentary on them”

First: The most important justice news in a week (From 18 November to 24 November 2021)

  1. Upholding the decision to place former presidential candidate Abdel Moneim Aboul Fotouh, blogger Alaa Abdel Fattah, and human rights lawyer Muhammad Al-Baqer on the lists of terrorist entities (Rulings)
  2. Rotating/adding 15 citizens into new cases after receiving their acquittal in Sharqyia governorate (Rotation into new cases)
  3. The Third Terrorism Circuit at Cairo Criminal Court is considering the detention renewal of 828 citizens who are being held in pretrial detention in relation to state security cases (Detention renewal)
  4. State Security Prosecution ordering the release of journalist Ahmed Shaker after 24 months in pretrial detention in Case No. 488 of 2019 Supreme State Security (Release order)
  5. Considering the first hearings of the trial of former presidential candidate Abdel Moneim Aboul Fotouh and other members of the Strong Egypt Party (Trials)
  6. Egypt’s President ratifies Law No. 150 of 2021 amending some provisions of the Penal Code, and Law No. 151 of 2031 amending some provisions of Law No. 136 of 2014 regarding securing and protecting public and vital facilities. (Decisions and Legislations).

Second: Details on the monitoring of justice news in a week 

1- Investigations 

18 November 2021 

1- The State Security Prosecution interrogated 13 citizens, after they were arrested from different governorates on different dates, on charges of joining a terrorist group and spreading false news.

  1. Hehya Prosecution interrogated lawyer Adel Saeed and ordered him detained for 15 days pending investigations on charges of joining the Muslim Brotherhood group and possessing publications.
  2. The Abu Hammad Prosecution investigated 2 citizens and ordered him detained for 15 days pending investigations on charges of joining the Muslim Brotherhood group and possessing publications.

21 November 2021 

  1. The State Security Prosecution interrogated 10 citizens after they were arrested from different governorates on different dates, on charges of joining a terrorist group and spreading false news.
  2. The 10th of Ramadan Prosecution investigated 1 citizen and ordered him detained for 15 days pending investigations on charges of belonging to a terrorist group and possessing publications.
  3. The Derb Negm Prosecution interrogated 1 citizen and ordered him detained for 15 days pending investigations on charges of joining the Brotherhood group and possessing publications.
  4. Zagazig Public Prosecution investigated 2 citizens from Derb Negm and ordered them detained for 15 days pending investigations on charges of joining the Brotherhood and possessing publications.

23 November 2021 

1- The State Security Prosecution interrogated 13 citizens, after they were arrested from different governorates on different dates, on charges of joining a terrorist group and spreading false news.

2- Rotation into new cases 

20 November 2021 

  1. The 10th of Ramadan Prosecution investigated 10 citizens and ordered them detained for 15 days pending investigations on charges of belonging to a banned group and possessing publications.
  2. The Ibrahimiya Prosecution interrogated 3 citizens pending a new case, and ordered them detained for 15 days on charges of belonging to a terrorist group and possessing publications. The defendants had been acquitted by the 10th of Ramadan Emergency State Security Court on 10 October 2021 and remained forcibly disappeared until they appeared before the Prosecution on 20 November.

21 November 2021

  1. The Derb Negm Public Prosecution interrogated 4 citizens after being added to new cases after they were ordered released in other cases. They were ordered detained, once more, for 15 days pending investigations on charges of joining the MB group and possessing publications.
  2. The Zagazig Prosecution interrogated 3 citizens pending a new case after they were ordered released in other cases. They were ordered detained, once more, for 15 days pending investigations on charges of joining the MB group and possessing publications.

3- Detention renewal 

20 November 2021 

  1. Qalyub Prosecution renewed the detention of Ahmed Hamdi Al-Sayed Suleiman, a client of the Arabic Network for Human Rights Information (ANHRI), for a period of 15 days in connection with Case No. 5472 of 2021 Qalyub Administrative.

20 November 2021

  1. The Third Terrorism Circuit at Cairo Criminal Court considered the detention of 252 citizens in the following cases: No. 984 of 2021, 960 of 2020, and 880 of 2020, which involves linguistic Ayman Abdel Muti whose detention was renewed for  45 days, 741 of 2019 which includes human rights lawyer Amr Nohan, whose detention the court decided to continue for 45 days, 630 of 2017, 627 of 2021, 1361 of 2019, 1888 of 2018, 1180 of 2018, 510 of 2020, 880 of 2021, 976 of 2020, 910 of 2021 , 656 of year 2021, 620 of year 2021, 549 of 2020, 483 of 2021, 1627 of 2021.
  2. The Tenth of Ramadan Prosecution decided to renew the detention of 20 citizens for 15 days pending investigations on charges of belonging to a banned group and possessing publications.

22 November 2021

1- The Third terrorism circuit has considered the detention renewal orders of 307 defendants pending the following cases: 960 of 2020, 908 of 2021, Cases 880, which includes dentist Walid Shawqi who was ordered detained for further 45 days, Case No. 65 of 2021, among the defendants in this case is activist Nermin Hussein (ANHRI’s client) who was ordered detained for further 45 days, 910 of 2021 which involves human rights lawyer Mohamed Ramadan whose detention was extended for further 45 days, and Cases No. 620 of 2021 and 1000 of 2021.

23 November 2021

1- The third terrorism circuit at Cairo Criminal Court has considered the detention renewal of 179 defendants in the following cases: No. 955 of 2020, which involves photojournalist Hamdi Al-Zaim, whose case was postponed due to inability to transfer him from his prison cell, 575 of 2020, 566 of 2020, 563 of 2020, 376 of 2012, 26 of 2021, which involves journalist Hussein Karim, 1196 of 2020, 1116 of 2021, 1116 of 2020, 1058 of 2020, 1018 of 2020, and 1196 of 2020, which involves ANHRI’s client Sameh Ahmed Al-Mallah whose detention was extended due to the inability to bring his from his jail to the courthouse.

24 November 2021 

1- The Third Terrorism Circuit at Cairo Criminal Court has considered the detention renewal session of 90 citizens in following cases: No. 991 of 2021, 965 of 2021, 915 of 2021, 912 of 2021, 909 of 2021, 878 of 2021, 662 of2021, 657 of 2021, 571 of 2020, 484 of 2021, 260 of 2021, 240 of 2021, 238 of 2021, 1624 of 2021, 1442 of 2021, 1413 of 2021, 1224 of 2021, 1222 of 2021.

4- Release orders 

19 November 2021

  1. The Supreme State Security Prosecution ordered the release of journalist Ahmed Shaker with the guarantee of his place of residence after 24 months of detention pending the Case No. 488 of 2019 Supreme State Security.

21 November 2021

  1. The Third Circuit of Terrorism in the Cairo Criminal Court released 7 defendants, including the client of the Arab Network for Human Rights Information, Alaa Gomaa, in Case No. 960 of 2020 Supreme State Security, while placing them under precautionary measure.
  2. The Third Circuit of Terrorism in the Cairo Criminal Court released, with a precautionary measure, 16 defendants, including the client of the Arab Network for Human Rights Information, Saleh Owais, in Case No. 880 of 2020 Supreme State Security.

22 November 2021

  1. The Third Circuit of Terrorism at Cairo Criminal Court probationary released 6 defendants, including the clients of the Arab Network for Human Rights Information Hamada Attia Mahmoud and Mohamed El-Sayed Saad in Case No. 960 of 2020, Supreme State Security.
  2. The Third Circuit of Terrorism at Cairo Criminal Court released, with precautionary measures, 11 defendants in Case No. 880 of 2020 Supreme State Security.

5- Trials 

20 November 2021 

1- Cairo Criminal Court adjourned the trial of 103 defendants, including 40 minors, in the case known in the media as “Al-Joker Cell” for the hearing of 12 January, 2022.

2- The third terrorism circuit at Cairo Criminal Court set the trial of 12 defendants in the case known in the media as “Al-Agouza-ISIS” for adjudication at the hearing of 23 January, 2022.

3- Al-Zagazig Emergency State Security Misdemeanor Court considered the cases against 15 citizens.

4- Abo Keber Emergency State Security Misdemeanor Court ruled it has no jurisdiction over the cases it is considering and referred 13 citizens to the Public Prosecution.

5- Al-Zagazig Emergency State Security Misdemeanor Court set the trial of 16 citizens for adjudication at the hearing of 27 November 2021.

6- Al-Zagazig Emergency State Security Misdemeanor Court adjourned the trial of 2 citizens for the 4th of December, 2021 hearing for documents.

26 November 2021 

1-  The Court of Cassation adjourned the appeals submitted by 26 defendants against the high-security prison and death sentences handed down in the case known in the media as “The Attack on the Three Pyramids Hotel” for the hearing of 2 January 2022.

2- The Court of Cassation set the appeals submitted by 38 defendants against the high-security prison sentences handed down in the case known in the media as “Al-Fath Mosque incidents” for the hearing of 19 December 2021.

3- Cairo Criminal Court’s first circuit adjourned the retrial procedure of 3 defendants in the case known in the media as “The Cabinet incidents” for the hearing of 29 November 2021.

4- Cairo Criminal Court’s third terrorism circuit set the trial of 8 defendants in the case known in the media as “ISIS-Helwan” for adjudication at the hearing of 25 December.

5- Minya Al-Qamh Belbeis Emergency State Security Misdemeanor Court considered cases against 43 citizens.

6- Derb Negm Emergency State Security Misdemeanor Court presided over the trial of 8 defendants in the case No. 1213 of 2021 Derb Negm.

7- Derb Negm Emergency State Security Misdemeanor Court presided over the trial of 4 defendants in the case No. 1450 of 2021 Derb Negm.

22 November 2021 

1- The 1st terrorism circuit at Cairo Criminal Court adjourned the trial of Mohamed Badie, the Muslim Brotherhood Guide, Mahmoud Ezzat and 77 other defendants in the case known in the media as “Al-Manassas incidents” for the hearing of 20 December for the Prosecution pleadings.

2- The 3rd terrorism circuit at Cairo Criminal Court set the trial of one defendant in the case known in the media as “Al-Nusra Front Mufti” for adjudication at the hearing of 26 December 2021.

3- The 3rd terrorism circuit at Cairo Criminal Court adjourned the trial of 8 defendants in the case known in the media as “The Agnad Organization” for the hearing of 26 December 2021.

23 November 2021

1- Cairo Criminal Court’s third terrorism circuit adjourned the trial of one defendant accused of joining a terrorist group and manufacturing explosive materials for the December 26 session.

2- Cairo Criminal Court’s first terrorism circuit adjourned the trial of 8 defendants in the case known in the media as “spying for terrorist ISIS organization” for the December 20 session.

3- Cairo Criminal Court set the retrial procedure of one defendant in the case known in the media as “Al-Sudan street incidents” for adjudication at the hearing of November 30, 2021.

24 November 2021

1- The Third Terrorism Circuit at the Criminal Court, convened at the Police Cadets Institute in the Tora Prison Complex, adjourned the trial of Dr. Abdel Moneim Abo El-Fotouh, head of “Strong Egypt” Party and Muhammad al-Qassas, the party’s deputy head, along with Mahmoud Ezzat and 22 other defendants, for the hearing of 28 December to check documents and arrest the fugitive suspects.

6- Trials

18 November 2021 

1- The Court of Cassation rejected the appeal No. 4 of 91 (judicial year) submitted by the defense of Dr. Abdel Moneim Aboul Fotouh, head of the Strong Egypt Party and Mohamed Al-Qassas, the party’s deputy head, along with blogger Alaa Abdel-Fattah and human rights lawyer Mohamed Al-Baqer challenging the decision to place them on the lists of terrorist entities issued in Request No. 1, 2 of 2020 in connection with Case No. 1781 of 2019 Supreme State Security.

2- Banha Criminal Court’s 6th circuit sentenced one defendant to death by hanging (in a criminal case) after he was convicted of a murdering a doctor and a pension employee with premeditation and injuring 4 others in the case known in the media as the “Toukh massacre”.

21 November 2021

1- Cairo Criminal Court sentenced 3 defendants to 5 years in high-security prison and two defendants to 3 years in high-security prison on a charge of “joining one of the armed cluster cells affiliated with the Quantitative Committees”.

2- Cairo Criminal Court’s 1st terrorism circuit sentenced two defendants to 5 years in prison into their retrial procedure into the case of “the arson of Kafr Hakim Church”.

3-The 10th of Ramadan Misdemeanor Court ordered the acquittal of 14 citizens in the following cases:

Case No. 5217, Case No. 5426, Case No. 5437, Case No. 5430, Case No. 5439, Case No. 2928, Case No. 2929, Case No. 3092, Case No. 3094, Case No. 3095, Case No. 3096.

22 November 2021

  1. Al-Minya Criminal Court acquitted 18 defendants in their retrial procedure over the life sentence issued in absentia in the case known in the media as the “Matai Violence Incidents”.

2- Cairo Criminal Court sentenced 3 defendants to death by hanging, after being convicted, in a criminal case, of killing and robbing a worker in Dar Al Salam neighborhood.

7- Administrative and constitutional judiciary:

18 November 2021 

  1. The Disciplinary Court at the State Council acquitted 3 former officials of the Egyptian Agricultural Authority of the charge of neglecting the quantities of wheat seed accumulated, which led to its deformation and the emergence of insect infestations and as a result, they were sold as poisonous pesticide at less than the market price.

20 November 2021

  1. The Supreme Administrative Court of the State Council rejected the appeals filed by the son of Mohamed Morsi and others demanding the annulment of the first degree ruling ordering the cancelation of their membership of the Bar Association.
  2. The First Circuit for Rights and Freedoms of the Administrative Court at the State Council postponed the lawsuit demanding the annulment of the decision banning women under the age of 40 from residing in hotels. The case was set for adjudication at the January 22nd session.

3- The First Circuit for Rights and Freedoms of the Administrative Court at the State Council postponed the lawsuit demanding the cancellation of the decision to refrain from taking all legal measures regarding the annulment of all decisions, instructions, regulations and warnings, whether written or verbal, issued by all clubs, hotels, and public and private establishments, banning veiled woman from entering swimming pools while wearing a “burkini” a full-body swimsuit. The case was postponed to the hearing set on January 22, 2022.

  1. The Administrative Court of the State Council adjourned the lawsuit demanding the suspension of Resolution No. 20 of 2018, issued by the Prime Minister, to establish a new urban community on the lands of Al-Warraq Island, for the January 1 hearing for pleadings.

21 November 2021 

1- The Supreme Administrative Court of the State Council rejected, by consensus, the appeal No. 46175 of 61 (judicial year), which was lodged by the Governor of Beheira and the head of the local unit of Shabrakhit city and, accordingly, upholding the ruling issued by Court of Administrative Justice in Alexandria, in favor of people with disabilities (who have contracts with the government in crafts- related works) to halt the implementation of the decision issued by the head of the city council to close the marble workshop owned by the local unit and managed by the plaintiff (with disabilities), with a contract between them with equal revenue. The court turned down the appeal and accordingly, ordered the reopening of the marble workshop, obligated the government to pay the expenses and ordered the implementation of the ruling.

2- The Administrative Court of the State Council adjourned the lawsuit demanding the nullification of the Bar Association elections that took place in mid-March, for the January 16, 2022.

8- Legislation and Resolutions:

18 November 2021 

1-The Official Gazette published, in its issue No. 44 bis issued on 10 November 2021, the decision No. 3025 of 2021 issued by Prime Minister Dr. Mostafa Madbouly, to consider the expansion and development project of Hussein Kamel Selim Street in Heliopolis district as a public benefit that requires the seizure of land and real estate. The decision stipulates in its first article that the expansion and development project of Hussein Kamel Selim Street in Heliopolis district (Cairo) is a work of public interest.

The second article of the decision stated: “He shall take possession, by direct execution, of the lands and real estate necessary for the implementation of the project referred to in the previous article, whose location, area, borders and names of their owners appear in the explanatory memorandum, cadastral maps, and statements.”

19 November 2021 

  1. The President of the Republic issued Resolution No. 554 of 2021 appointing a deputy to the State Council and some advisors as agents in the State Council, along with Resolution No. 555 of 2021, and Resolution No. 556 of 2021 appointing some assistant delegates to the State Council.

21 November 2021

  1. The Prime Minister issued a decision renewing the secondment/assignment of Judge Hatem Ahmed Abdel Bari Suleiman, Vice President of the Court of Cassation, Assistant Secretary-General of the Supreme Judicial Council, to work in the Office of State Security Affairs.

22 November 2021

  1. The Egyptian Gazette published in its issue No. 255- continued (B)- issued in 2021, the decision of the Ministry of Social Solidarity No. 533 of 2021, regarding the model regulation for the service and job of the elderly companion.
  2. The President of the Republic issued Resolution No. 558 of 2021 amending some categories of customs tariffs
  3. The President of the Republic ratified Law No. 150 of 2021 amending some provisions of the Penal Code.
  4. The President of the Republic ratified Law No. 151 of 2031 amending some provisions of Law No. 136 of 2014 regarding securing and protecting public and vital facilities.

23 November 2021

  1. The Official Gazette published the decision of the Ministry of Justice to establish an official translation office at the Port Said Court of First Instance, to be located inside the court. The Office of Consular Affairs for Foreigners and Attestations of the Ministry of Foreign Affairs and the Legalization Office of the Ministry of Justice must be notified of the approval of accreditation of the translated papers and documents.

9- Judicial statements:

22 November 2021

  1. The Public Prosecutor ordered the detention of a person accused of bullying against people of determination on social media for 4 days pending investigations.

10- Prison news

19 November 2021

  1. The security forces transferred 12 citizens from the Kafr Saqr Police Station to the Al-Wadi Al-Jadeed (New Valley) prison
  2. The security forces transferred 12 citizens from Abu Hammad Police Station to Al Wadi Al Jadeed Prison
  3. The security forces transferred 2 citizens from Mansha’at Abu Omar police station to Al Wadi Al Jadeed Prison
  4. The security forces transferred 1 citizen from the Minya al-Qamh Police Station to Al Wadi Al Jadeed Prison.
  5. The security forces transferred 1 citizen from the Zagazig Police Station to the Al Wadi Al Jadeed Prison

11- Arrest and detention in an unknown location

19 November 2021

  1. The security forces of the 10th of Ramadan Police Station arrested citizen Muhammad Taha Taha Othman in one of the police ambushes in the 10th of Ramadan City and took him to an unknown destination.  He hasn’t been appeared before the Public Prosecution until now. It’s noteworthy that Muhammad has three uncles who are being held in prison (Saad, Muhammad and Saleh) along with his cousin Ahmed Saad Taha Othman.
  2. The security forces of the 10th of Ramadan Police Station arrested, a week ago, Dr. Muhammad Muhammad Al-Janaini from a pharmacy where he works, in Shubra Al-Khaimah district, before they took him to an unknown destination. He hasn’t been appeared before the Public Prosecution until now. It’s noteworthy that Al-Janaini’s son was arrested three weeks ago, after the security forces raided the house to search for his father, while they confiscated the mobile phones of all the family’s members.

ANHRI’s comment 

  1. The Court of Cassation’s rejection of the appeals filed by former presidential candidate Abdel Moneim Aboul Fotouh, blogger Alaa Abdel-Fattah and human rights lawyer Muhammad Al-Baqer Ali against the decisions to place them on the terrorist lists came to complicate the matter further; as each of them is awaiting court rulings in different cases, some of which have been set for adjudication and some are still being deliberated.
  2.  The security services have continued to follow the methodology of “rotation”- adding defendants to new cases after receiving release orders or acquittal. This week, they recycled/rotated 15 defendants and brought them before the Public Prosecution, which in turn ordered them detained for 15 days pending investigations, which have been conducted against them in great disregard of the release orders they have just received upon judicial rulings and decisions. And all the new charges leveled against these defendants are based on the provisions of the Terrorism Law.
  3.  After a week-long hiatus, terrorism circuits holding their sessions at the Police Cadets Institute, adjacent to the Tora Prison Complex, resumed their consideration of the detention renewal orders against 828 defendants held on remand pending charges of terrorism crimes. The Third Terrorism Circuit has presided over such orders, and until the 23 November hearing, only 40 defendants have been ordered released, and the 90 others remained behind bars and their detention renewals were considered on Wednesday, November 24.
  4.  The number of citizens who have been tried or interrogated over terrorism-related charges during the period covered by the newsletter (7 days only), has reached- as far as estimated by ANHRI- 1225 citizens, which is a very big number. Such a matter casts a shadow on the extent to which terrorism in Egypt has really declined. It also sheds light on the methodology of fabricating accusations of terrorism by the security services, which trump up charges against peaceful opponents of the government’s policies. Nevertheless, the most important question from the perspective of justice always remains: Why does the Public Prosecution go along with such fabricated accusations, most of which contradict the history of personal attitude and eligibility of the persons alleged to have committed these terrorism-related crimes, and why does the Public Prosecution not investigate the allegations made by these defendants regarding the situation of their arrest, detention in illegal places, and the enforced disappearance of most of them for different periods of time, not to mention the allegations of torture and cruel and degrading treatment that some of them have endured and which their lawyers officially proved in the investigation papers before the Public Prosecution.
  5. With the President’s ratification of the amendments approved by the House of Representatives and the publication of these amendments in the Official Gazette putting them legally in force against citizens, the Egyptian legislative structure has then replaced the temporary emergency law with these new laws characterized by permanence, as if the state of emergency was permanently legalized in Egypt. These amendments, noteworthy, included a permanent endorsement of the authority of the President of the Republic to isolate any geographical area or prevent entry or exit from it. They also doubled the penalties of fine and detention and imposed a prison sentence for anyone who violates such measures, in addition to re-using the same broad and vaguely-worded terms that may not be included in a punitive provision such as “public and vital facilities”. These new laws also opened a new door to refer civilians for trial before the military court, away from their natural judge.

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* A weekly newsletter that monitors the most important investigations, trials, and proceedings related to justice and respect for the rule of law, which took place during the week (from Thursday to Wednesday). It is based on the work carried out by ANHRI’s Criminal Justice Program team, in addition to media reports and the news published by the Official Gazette, and concludes with ANHRI’s comments and opinion on the incidents being monitored.