{"id":3289,"date":"2018-12-10T06:26:31","date_gmt":"2018-12-10T06:26:31","guid":{"rendered":"https:\/\/www.anhri.info?p=3289"},"modified":"2018-12-10T10:36:32","modified_gmt":"2018-12-10T10:36:32","slug":"commands-are-above-the-law","status":"publish","type":"post","link":"https:\/\/www.anhri.info\/?p=3289&lang=en","title":{"rendered":"Commands are above the law"},"content":{"rendered":"

On the obstruction of release orders for detainees pending National Security instructions<\/b><\/span><\/span><\/p>\n

First: <\/b><\/span><\/span>A scene from an Egyptian movie: <\/b><\/span><\/span><\/p>\n

Police officer: The new prosecutor doesn’t understand anything at all. He released the young protesters!<\/b><\/span><\/span><\/p>\n

Low-ranking policeman: Don’t worry Sir. The release order is implemented by us, and when you says ‘No’ I will say \u2018No\u2019 until you say ‘Yes’ and then I will say ‘Yes’ as well.<\/b><\/span><\/span><\/p>\n

This was a conversation between the low-ranking police officer “Hatem”- late actor Khaled Saleh- and the investigating officer- actor Amr Abdel-Jalil in “Heya Fawda” (This is Chaos) movie by late director Youssef Chahine. <\/span><\/span><\/p>\n

This scene summarizes what we are experiencing right now; release orders issued by the Public Prosecution or courts for defendants involved in political cases are not implemented unless the National Security officers approve them- even after the decision is already handed down, and hence its implementation is delayed for days or weeks until ‘orders from above’ approve it, approve the Prosecution\u2019s or the judiciary’s decision! <\/span><\/span><\/p>\n

It is a clear scene that embodies a blatant disregard for the rule of law and the constitutional principles as well as an encroachment on the judicial authority represented in the Public Prosecution and the judiciary. The final word in a release order became in the hands of National Security officers affiliated with the Ministry of Interior, which in turn is part of the executive branch of government. <\/span><\/span><\/p>\n

There is no consolation to the judicial branch that should prevail over the parliamentary and, of course, the executive branch. <\/span><\/span><\/p>\n

Second: Fact scenes: <\/b><\/span><\/span><\/p>\n

It is an old topic<\/b><\/u><\/span><\/span><\/p>\n

* Dar al-Salam Metro detainees, 3 months awaiting the approval!<\/b><\/span><\/span><\/p>\n

– On 25 January 2017, four students (Sayed Mansy, Ahmed Hamdy, Islam Mahmoud and Hossam al-Arabi) were arrested from “Dar al-Salam” metro station. A communiqu\u00e9 then was filed under No. 1334\/2017 Dar al-Salam Misdemeanors, and<\/span><\/span> on 26\/1\/2017, the aforementioned appeared before the Prosecution, which charged them with joining a group established contrary to the provisions of the law, spreading false news and information, and protesting without a permit. Afterwards, the Prosecution ruled to detain the four students for 4 days which was later renewed for further periods. <\/span><\/span><\/p>\n

– On 14\/12\/2017, Dar al-Salam<\/span><\/span> State Security Misdemeanors Court ordered the release of the four defendants ensuring their place of residence, and referred the case to the Public Prosecution to correct the flaws in the referral order. The court set the 21\/12\/2017 hearing to consider the trial of the defendants.<\/span><\/span><\/p>\n

However, the four young men were not released. <\/span><\/span><\/p>\n

– On 18\/12\/2017, a report was filed to Dar al-Salam Prosecution stating that the defendants had been unlawfully detained in Dar al-Salam police station. After meeting with the head of Dar al-Salam Prosecution explaining to him the defendants’ situation, he refused to receive the report after marking it; under the pretext that decision is only in the hands of the National Security officer at Dar al-Salam police station. <\/span><\/span><\/p>\n

– On 21\/12\/2017, a documents folder containing the complaints lodged by the defendants’ families along with the report which the head of Dar al-Salam Prosecution refused to receive was submitted to Dar al-Salam State Security Misdemeanors Court, which set the case for adjudication at the 1\/2\/2018 hearing. The court also upheld the release order issued for the mainly illegally-detained defendants would continue to be in effect. <\/span><\/span><\/p>\n

– On 21\/1\/2018, a complaint carrying No. 360\/2018 was filed with the Attorney-General against the head of Dar al-Salam Prosecution, head of Dar al-Salam police station along with its investigating (Detective) officer. <\/span><\/span><\/p>\n

– On 1\/2\/2018, the court ruled to extend the case’s sentencing hearing to the 15\/2\/2018 hearing with the continuation of the release order’s implementation. <\/span><\/span><\/p>\n

– On 15\/2\/2018, the court sentenced the defendants to 6 months in prison.<\/span><\/span><\/p>\n

– On 18\/2\/2018, Dar al-Salam police station transferred the four defendants to al-Basateen police station placing them in custody, which is illegal. <\/span><\/span><\/p>\n

– On 21\/2\/2018, a complaint was directed to the head of South Cairo Prosecution reporting the above-mentioned incident (Dar al-Salam police station’s transferring the defendants to al-Basateen police station), in addition to the continuation of the defendants’ illegal detention after the expiry of the penalty issued against them. The report also demanded to carry out an inspection of the two aforementioned police departments (Dar al-Salam and al-Basateen).The chief prosecutor, however, refused to receive the complaint.<\/span><\/span><\/p>\n

– On 4\/3\/2018, a meeting was held with the head of Dar al-Salam Prosecution in order to hand him a complaint reporting the continued illegal detention of the four defendants. After <\/span><\/span>meeting him and making a phone call with the police station head (warden), we were informed that the defendants were not in custody in Dar al-Salam<\/span><\/span> police station and that they were being held at al-Basateen police station pending the National Security Sector’s decision. <\/span><\/span><\/p>\n

Therefore, we headed to the head of al-Basateen police station and met with him. For his part, he made a phone call to the head of the police department who told him that the defendants had been transferred to his department and that if they continue to be detained, he himself will immediately release them. Accordingly, and on the evening of the same day, al-Basateen police station transferred the defendants back to Dar al-Salam station. <\/span><\/span><\/p>\n

– On 21\/3\/2018,<\/span><\/span> Dar al-Salam police station issued a memorandum reporting the defendants’ arrest and their appearance before Dar al-Salam Prosecution to hand down the ruling issued against them before returning them back to the police station. Three days later, the four students were released. <\/span><\/span><\/p>\n

Three months and a week; the defendants were kept detained for this period just because the National Security hadn’t approved or commanded their release despite the fact that the Prosecution had already ordered it. <\/span><\/span><\/p>\n

Third: It wasn’t an isolated incident but a phenomenon<\/b><\/span><\/span><\/p>\n

Examples of cases in 2018: <\/b><\/span><\/span><\/p>\n