“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 (16 December to 22 December 2021)
- The Supreme State Security Prosecution interrogated 73 citizens over terrorism charges after arresting them from different governorates on various dates (investigations)
- Human rights lawyer Mohamed Al-Baqer and vlogger Mohamed Oxygen have been sentenced to 4 years in prison each and blogger Alaa Abdel-Fattah to 5 years of imprisonment for allegedly publishing false news and statements (judicial ruling)
- Considering the trial of Muhammad Badie, the Muslim Brotherhood’s Supreme Guide, and his deputy, Mahmoud Ezzat, and others in the case known in the media as “Al Manassa incidents” (trials)
- Cairo Criminal Court has stepped down from the trial of businessman Hassan Rateb and former parliamentarian Alaa Hassanein in the case known in the media as “The Great Antiquities” for feeling embarrassment (trials)
- Citizens from Sharqyia governorate have been rotated into new cases after obtaining acquittal rulings (rotation into new cases)
Second: Details on the monitoring of justice news in a week
1- Investigations
18 December 2021
1-The State Security Prosecution interrogated 22 citizens, after they were arrested from different governorates on different dates, on charges of joining a terrorist group and spreading false news.
2- Hehya Prosecution interrogated Professor Mahmoud Fahmy Mahmoud Youssef and ordered him detained for 15 days pending investigation on charges of joining the Muslim Brotherhood group and possessing publications.
3- The 10th of Ramadan Prosecution investigated 4 citizens and ordered them detained for 15 days pending investigations on charges of joining a banned group and possessing publications.
20 December 2021
- The State Security Prosecution investigated 23 citizens after they were arrested on different dates and from different governorates on charges of joining a terrorist group and spreading false news.
- The Tenth of Ramadan Prosecution investigated 2 citizens and ordered them detained for 15 days pending investigations on charges of belonging to a terrorist group and possessing publications
21 December 2021
- The State Security Prosecution interrogated 13 citizens after they were arrested on different dates and from different governorates on charges of joining a terrorist group and spreading false news.
- Zagazig Public Prosecution investigated 5 citizens before ordering their detention for 15 days pending probe on charges of joining a banned group and possessing publications
- Hehya Prosecution interrogated one citizen and decided to imprison him for 15 days pending investigations on charges of joining a banned group and possessing publications.
2- Rotation into news cases
19 December 2021
- Zagazig Public Prosecution in Shaqyia governorate investigated 2 citizens and ordered them detained for 15 days – after they were rotated in a new case on charges of joining a terrorist group – after receiving their acquittal.
3- Detention renewal
18 December 2021
- Zagazig Criminal Court renewed the detention of 45 citizens pending investigations for all those who appear before the court in the counseling room.
19 December 2021
- Zagazig Criminal Court decided to renew the detention of all those who appear before it for 45 days pending investigations
3- Investigations
20 December 2021
- Zagazig Public Prosecution decided to renew the detention of 15 citizens from different centers in Sharqia governorate for 15 days pending investigations
4- Release orders:
20 December 2021
- The Misdemeanors Court of Appeal in Belbeis ordered the release of student Ahmed Yassin Muhammad Muhammad Al-Ganaini and set the January 17, 2022, for considering the hearing.
5- Trials:
18 December 2021
- Zagazig Misdemeanors Court’s Terrorism Circuit adjourned the trial of 22 citizens in the “Abu Hammad” cases to January 15, 2022.
19 December 2021
- The Court of Cassation set the appeal of 38 defendants in the case known in the media as “Al-Fath Mosque incidents” for adjudication at the January 16th session.
20 December 2021
- The First Circuit Terrorism at Cairo Criminal Court adjourned the trial of Mohamed Badie, the Muslim Brotherhood’s guide, along with Mahmoud Ezzat, the MB acting guide, and 77 other defendants in the case known in the media as “Al-Manassa incidents”, to the January 19 session to hear the defense pleadings and to inquire from the ambulance cars’ owners about the damages.
- The First Circuit Terrorism at the Cairo Criminal Court adjourned the trial of 8 defendants in the case known in the media as “spying for ISIS” to the January 16 session to continue the defense pleadings.
21 December 2021
- Cairo Criminal Court adjourned the trial of Magdi Raskh, the father of the wife of Alaa Mubarak, son of the late President Hosni Mubarak, and two others, accused of seizing more than one billion pounds of gas consumers’ money. The case was set for adjudication at the February 22 hearing.
- Cairo Criminal Court stepped down from the trial of businessman Hassan Rateb and former parliamentarian Alaa Hassanein in the case known in the media as “The Great Antiquities” for feeling embarrassment and accordingly referred the case to the Cairo Court of Appeal to determine another circuit to consider it.
3- Cairo Criminal Court adjourned the trial of Hanin Hosam in Case No. 4917 of 2020 Al-Sahel in the case known in the media as “human trafficking” for January 18 session.
6- Trials
16 December 2021
- The Cairo Criminal Court decided to refer the papers of a defendant involved in a criminal case in which he is accused of killing his brother’s wife to the Mufti of the Republic and set the next January 1 session to pronounce the verdict.
18 December 2021
- Abu Kabir Misdemeanor Court’s Terrorism circuit sentenced 12 citizens to one year in prison and a fine of 500 pounds, on bail of 1000 pounds.
19 December 2021
- The First Terrorism Circuit at Cairo Criminal Court sentenced Mahmoud Ezzat, the acting Muslim Brotherhood Supreme Guide, to life in prison, and ordered him to pay criminal expenses.
- The 10th of Ramadan Misdemeanor Court acquitted 43 citizens from the 10th of Ramadan district
20 December 2021
- The Emergency State Security Misdemeanor Court in the Fifth Settlement sentenced blogger Alaa Abdel Fattah to 5 years in prison, and both human rights lawyer Mohamed El-Baqer and blogger Mohamed Ibrahim, aka “Oxygen”, to 4 years each, in connection with case No. 1228 of 2021 Emergency State Security Misdemeanour.
- Giza Criminal Court decided to refer the papers of an accused in the case known in the media as “Giza serial killer” to the Grand Mufti, on a charge of killing his wife.
- Zagazig Appellate Misdemeanors Court’s the Terrorism Circuit acquitted 2 citizens in Case No. 24184 of 2021 Belbeis Misdemeanor.
21 December 2021
- The Court of Misdemeanors’ Terrorism circuit sentenced 26 citizens to one year in prison and a fine of 500 pounds in the following cases: Case No. 10533 of 2021 Misdemeanour, Case No. 10884 of 2021, Case No. 10804 of 2021 Misdemeanours, Case No. 11757 of 2021 Heya, Case No. 11696 of 2021, Case No. 11556 of 2021, Case No. 11665 of 2021, and Case No. 11303 of 2021.
22 December 2021
- Cairo Criminal Court unanimously sentenced an accused to death by hanging, in a criminal case on a charge of murder for the purpose of stealing a tuk-tuk and the victim’s phone.
7- Administrative and Constitutional judiciary:
16 December 2021
- The Court of Administrative Justice adjourned the appeal submitted by residents of “Nazlet al-Samman” district objecting to the decisions to demolish their homes and carry out investment project. The adjournment was to notify the administration (government) that dozens of families got involved in the lawsuit.
18 December 2021
- The State Council affirmed its full commitment to continue implementing the precautionary measures decided by the State to confront COVID-19 in implementation of the provisions of the aforementioned law and the decisions issued. It also affirms the commitment of the judges to these measures, and hence the State Council’s employees, lawyers and concerned citizens must adhere to such procedures.
- The Supreme Administrative Court at the State Council issued a certificate that it hasn’t received any appeal against a ruling that was victorious for women. The ruling was issued by the Administrative Court in Alexandria accepting a lawsuit demanding that its plaintiff be entitled to a full maternity leave despite the death of her newborn, and accordingly obligated the administrative authority to pay her full wages, including bonuses, allowances, incentives, and other additional wages, in exchange for extraordinary efforts and other financial benefits as if that the appellant is actually in service and and obligated the administration to pay expenses. The ruling has therefore become final and conclusive.
19 December 2021
1- The Court of Administrative Justice at the State Council set the case demanding the opening of candidacy for the Writers Union elections for adjudication at the December 26 session.
20 December 2021
- The Court of Administrative Justice at the State Council suspended, as a penal proceeding, the consideration of the appeal filed by the National Telecommunications Authority, in which it demands the annulment of the ruling issued by the Administrative Court to suspend Shiite channels, for a month for not submitting the required documents to the court.
8- Legislation and Resolutions:
20 December 2021
- The Official Gazette published four decisions issued by the President, most notably: Resolution No. 603 of 2021 transferring Judge Islam Abdel Moez Abdel Baqi Youssef at the Damietta Court of First Instance to a non-judicial position.
9- Judicial statements:
21 December 2021
- Counselor Hisham Al-Mahdi, Vice President of the Administrative Prosecution Authority, approved the referral of the head of the legal sector in the General Company for Wholesale Trade of the Holding Company for Food Industries, the Director General of Investigations and one of the company’s lawyers, to an urgent disciplinary trial for committing serious legal and administrative violations in their field of work.
- The Public Prosecution announced the end of the procedures for packing and shipping the recovered artifacts in preparation for their return to Egyptian lands from Spain.
ANHRI’s comment
1- The State Security Prosecution’s severe expansion in the implementation of Terrorism Law, including provisions and articles that violate the principles of criminalization and the Constitution, is still in full swing. During this week, 73 citizens accused of terrorism charges appeared before the Prosecution based on investigative reports and records conducted by the National Security officers. After the end of the investigation sessions, the Public Prosecution ordered all the defendants detained for a period of 15 days pending a probe.
2- “Shock and unjustified cruelty”, this is how relevant circles perceived the 5-year prison sentence issued against activist Alaa Abdel-Fattah, and the 4-year prison sentence handed down against each of human rights lawyer Mohamed El-Baqer and Egyptian vlogger Mohamed Ibrahim “Oxygen”, for allegedly committing the crime of “spreading false news that would prejudice the security and economy of the country”, despite the fact that they had already spent more than two years in pretrial detention. The general feeling of the harshness of the sentence was reinforced by the violations that accompanied the trial proceedings, starting from holding the trial before an exceptional court to the defendants and their lawyers being deprived of their right to obtain a copy of the case papers, which ended with a ruling of conviction against the defendants without giving them the opportunity to defend themselves, in a judicial precedent that totally contradicts the principles of due process.
3- The Cairo Criminal Court’s stepping down from presiding over the trial of businessman Hassan Rateb and former parliamentarian Alaa Hassanein and others in the case known in the media as “The Great Antiquities” for feeling embarrassment raises a broad question about the extent of human rights violations in Egypt why courts repeatedly withdraw from hearing cases which involves businessmen and people with political positions, while at the same time they refuse to enable defendants to take the measures required for requests to disqualify the court judges who openly expressed their enmity towards defendants who expressed their feeling of the absence of fair trial standards and due process in their trial proceedings.
* 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.
