Public Prosecutor’s aide Adel Elsa’eed misguides ANHRI’s lawyers to protect a military figure involved, paving the road to bury the case
Cairo-30 January 2012
ANHRI presents the facts and proceedings of the law suit against communication companies in which the companies are having their share in the criminal liability of killing the “revolution martyrs” and raising the number of injured as well, by cutting down connections. In other words: “contributing in killing revolutionists and raising the number of injured”. Along with the misguiding part played by the public prosecution, particularly the public prosecutor’s aide, counselor “Adel Alsa’eed”, who misguided ANHRI’s lawyers since the end of the investigation in August 2011, up till the case was referred to the military prosecution to be buried in its drawers, along with the truth about one of the most concerns of Egyptian people, which meant to be “secluded” or “concealed” till justice and rule of law return to Egypt.

Developments by dates

25 January 2011, Tahrir Square

Protesters inside Tahrir Square were surprised by cutting down connections starting from 4 P.M. up till next morning 26 January. Any one needed to make a call had to get out and away of the square where there is a signal.

28 January, Cutting down connections including the internet service in all over Egypt

In the first hours of 28 January 2011, “Friday of Rage”, the three mobile companies: “Vodafone, Mobinil and Etisalat”, as well as the two Internet service providers “TE-data and” stopped working, in an action that took Egypt 10 years back, and deprived many, specially demonstrators, from calling ambulances or checking their families, not to mention the harms caused business wise. And further more the number of death cases caused only by deprivation of medical aid.

23 February 2011, Filing a communiqué against connection companies

After ousting the dictator Hosni Mubarak, on 23 Feb., 4 lawyers from ANHRI submitted a communiqué to the public prosecutor against the Minister of Communications, the head of the national authority for communications, the three mobile companies and the two internet service providers. The lawyers, representing the affected party, demanded investigations with all the charged bodies as partners in the crime of cutting down connections that caused harms to them and others.  The communiqué was registered with number 2193 year 2011. The Public Prosecutor’s aide counselor Adel Sa’eed examined the communiqué and referred it to the Prosecution of South Giza.

3 March 2011, Slowness and the hollow circle, one more communiqué

As The lawyers noted a doubtful slowness in initiating the investigations, while the communiqué was being referred to 4 different prosecutions: South Giza, 6th of October First, South Cairo and 6th of October Second, they submitted one more communiqué on this slowness causing justice impediment, Public Prosecutor’s aide counselor Adel Alsa’eed once again referred it to the fifth prosecution of North Giza.

9 March 2011, Starting investigations

The head of the North Giza Prosecution “Mahmoud Elhefnawy” started investigating with the lawyers, heard their testimonies in which they charged the communications companies and the internet providers with taking part in killing demonstrators by cutting down the connection.

10 March 2011, Resuming investigation and filing a civil lawsuit

The head of the North Giza Prosecution “Mahmoud Elhefnawy” resumed the investigations and the hearing of the affected party. The lawyers then had filed a civil lawsuit against the companies and the internet providers, and have paid the fees which according to the law, entitles them, as civil plaintiffs, access to minutes of investigation and attaining a formal copy of any relevant investigation conducted.

–  From March through May the case file lied down in the drawer

–  May 2011, Starting investigating with the companies

As a result of the pressures exerted by ANHRI, the North Giza Prosecution started investigating with the mobile companies and internet service providers.

24 August 2011, The Public Prosecutor takes back the case file from Giza Prosecution, one day after ANHRI calls for his leave.

On 23 Aug., ANHRI held a press conference to announce its reasons for calling for the leave of both the Public Prosecutor and his aide. One of the reasons stated in its report “Justice for a while” was: the usual slowness of the Public Prosecutor either during Mubarak’s rule or after ousting Mubarak, including slowing down the communications case when he interfered after 6 months, just in time when the head of the North Giza Prosecution has promised to give the lawyers their entitled copy of the investigations, yet when they went to receive it he informed them that the Public Prosecutor had taken the case file back.

For 4 months, the case file vanished and lawyers were misguided

Though the case was returned to the Public Prosecutor office, when the lawyers inquired about the investigations and requested a copy as civil plaintiffs, their request was rejected several times with responses differentiated from “the file is not found”, or “it is with the counselor Adel Alsa’eed” or, “come back next week”

December 2011, ANHRI’s director meets the Public Prosecutor’s aide

After several failed attempts by ANHRI’s lawyers, as right holders, to know the destiny of the case and attain a copy of its file, but in vain, and for this case concerns millions of Egyptians, ANHRI’s director along with the legal aid officer went to meet with counselor Adel Alsa’eed, who informed them that the case was referred to the Military Prosecution in October 2011, though it was to be referred to the Kerdasa misdemeanor court with No 9329 year 2011. When they asked for an explanation for the lawyers misguiding for 4 months, and also the reasons behind referring a communiqué filed by civilians against civil companies to a military prosecution, he answered then that the case involves a military personal!!

When ANHRI’s director inquired about the register number of the file in the military prosecution, he said that it had not taken a number yet and told them to go to meet General Adel Elmorsy, Head of the Military Judiciary!!!! That is what casted doubts over his credibility.

January 2012, New misguiding round in the Military Prosecution

The lawyers went to the military prosecution to inquire once again about the course of the case and attain a copy of its file, after several rejections, they were informed that the file is in the possession of Colonel Khaled Fat.hy, member of the military prosecution, who in his turn told them to come back after a week to have their copy.

Misguiding and waste of law between the public prosecutor’s aide and the military prosecution

After several attempts the military prosecution clarified the situation, the case had not been referred to it until January 2012, with No 4 year 2012 administrative military public prosecutor, the military prosecution also refused to permit lawyer to photocopy the file or even look into it under the pretext that the investigations are not going to reach an end before other several months!!

That means either the file was referred to the military prosecution recently, for it registered it with No 4 in the year 2012, as it does not make sense to think that it was referred in October 2011 and kept not registered until January 2012! In that case, the public prosecutor’s aide was not telling the truth then back in December 2011 when he met ANHRI’s director and claimed that the file was referred to the military court,

or, the file had been really referred to the military prosecution in October 2011, but was not registered until January 2012, which is a legal infringement, overlooking to register a case file for three months “from October till January”. To cut a long story short, one of the two bodies is lying or not enforcing the law!

Is the case to be buried in the Military Prosecution’s drawers and Egyptians’ blood to be discarded?  

One year after opening this case that concerns millions of Egyptians, as it relates to their right to know the names of those who issued the cutting down orders in specific; and their right to law enforcement in such action or crime -as ANHRI sees it, ANHRI is anxious that such significant case might be in its way to be buried, the truth might be concealed and thus offenders might escape punishment in the shade of impunity which grows to be the permanent system in Egypt when it comes to a violation or a crime committed by a responsible official or an officer either from police or armed forces. Therefore ANHRI asserts the following points:

1-      The Public Prosecutor’s aide counselor Adel Alsa’eed was a clear active actor in blinding justice in this case, either by misguiding the lawyers for several months, or by refusing to enforce the law and grant the civil plaintiffs (ANHRI’s lawyers) their fundamental right to photocopy the case file.

2-      The conduct of the Public Prosecutor’s aide does not exempt the Public Prosecutor himself from the responsibility as his direct superior as well as the body responsible for coining the systematic permanent impunity in Egypt since 2006 through the rule of the dictator Hosni Mubarak.

3-      The Military Prosecution’s refusal to allow the lawyers to photocopy the file or even to look into it, though they are the plaintiffs, is asserting the injustice of such exceptional judiciary, and a clear attempt to terrify Egyptians in order not to claim their rights to know who exactly ordered cutting down the connection; and punish the offenders by law.

4-      ANHRI while presents the details of this case, publicize it in respect for the public’s right to know the destiny , the truth and the nature of cases concerning people and the way they are dealt with either by the public prosecution or the military one

5-      ANHRI is going on its impartial legal campaign calling for assigning a new public prosecutor who works on justice endorsement; the rule of law and carries out the oath he has taken to achieve justice.

6-      ANHRI and all powers seeking the rule of law will spare no effort in using all the national and international legal tools to reveal the details and the truth about this crime and its perpetrators; and to punish them sooner or later, all in equal foot with those who schemed against Egyptian people.

The Arabic Network for Human Rights Information