Archive for Cairo Criminal Court

The Cairo Criminal Court on Wednesday set 27 December to review the Illicit Gains Authority’s decision to freeze former Tourism Minister Zoheir Garana and his family’s assets.

The court said that the IGA has discovered more properties owned by the suspect that were not included in the authority’s initial order and adjourned the session one day in order to review additional documents.

Former IGA head Assem al-Gohary had referred Garana to court for allegedly amassing wealth illegally.  

Garana is also accused of abusing his power to the advantage of companies he owned. The IGA said that he possesses 12 villas, plots of land, and wealth inside and outside the country.

Edited translation from Al-Masry Al-Youm

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Prosecutor General Talaat Abdallah on Wednesday challenged the Cairo Criminal Court’s order to release former Information Minister Anas al-Fiqqi.

Last September, Fiqqi was sentenced to seven years in prison for squandering public funds, but the Court of Cassation overturned the ruling and ordered a retrial.

The Cairo court ruled that he must be released unless he is a suspect in another case, as he has been detained for the maximum legal time and is currently in prison without legal basis.

The Court of Cassation is expected to set an urgent hearing date at the Cairo Criminal Court to consider Abdallah’s challenge.

Fiqqi had been found guilty of granting broadcasting rights for Premier League football games to private satellite channels free of charge, costing the state LE1.89 million in losses from 2009-2011.

Edited translation from Al-Masry Al-Youm

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The Cairo Criminal Court on Wednesday ordered the release of former Information Minister Anas al-Fiqqi pending a retrial on graft charges, state TV reported.

The Court of Cassation this month annulled the previous verdict against Fiqqi. Last September the Cairo Criminal Court sentenced Fiqqi to seven years in jail for corruption, along with Osama al-Sheikh, the former head of state TV, who was sentenced to five years.

Fiqqi's would be among the first retrials of former regime figure. This month the Court of Cassation also annulled a ruling against former Housing Minister Ahmed al-Maghrabi and ordered a retrial.

On Tuesday, the Cairo Criminal Court released former Shura Council speaker Safwat al-Sherif on LE50.000 bail, pending his trial over illicit gain charges. However, the prosecution challenged the decision, and Sherif is currently still in detention.

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The Cairo Criminal Court on Tuesday released former Shura Council speaker Safwat al-Sherif on LE50.000 bail, pending his trial over illicit gain charges, state TV reported.



The release came after Sherif filed a grievance at the appeals court claiming that he had been held over the legal detention period. The request was referred to the criminal court for approval.

In April, the prosecutor general ordered Sherif’s detention pending investigation into accusations of graft.

He was accused of “exploiting a public position for his own benefit and the benefit of his family, which led to their accumulating large wealth.”

Later he was accused, among other 23 former senior Egyptian officials, of sending men on horseback and camels to attack protesters during last year’s uprising, which later became known as the Battle of the Camel.

The Camel Battle trial lasted for almost a year. Last October, the court acquitted all 24 defendants, including Sherif, who was one of Mubarak’s closest aides.

 

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The Cairo Criminal Court (CCC) ruled on Thursday not to release former Radio and Television Union head Osama al-Sheikh from prison, despite the Court of Cassation’s decision to reverse the verdict finding him guilty of squandering public funds. The CCC advised that Sheikh be retried before another court.

Sheikh appeared before the court wearing a blue prison uniform and walking with a crutch. When he left, his relatives made victory signs.

Sheikh’s defense team includes a number of prominent lawyers, including Nabieh al-Wahsh and Mortada Mansour.

The defense claimed there was no justification for Sheikh's detention and that he was in poor health. Furthermore, the defense argued that Sheikh did not pose a flight risk as he had a fixed and known place of residence and there is a travel ban in place preventing him from leaving the country.

Defense lawyers also cited Article 151 of the Code of Criminal Procedure, which states: “The length of police custody in the first stage of investigation shall not exceed one third of the sentence.”

Sheikh has now been in prison for 22 months, which constitutions a violation of that article, Mansour argued.

The lawyer also claimed that his client had declined the opportunity to earn millions of dollars to work abroad so that he could remain in Egypt and serve his country. Sheikh had previously been found guilty of squandering public funds by granting contracts to air football games and TV serials without getting approval from the necessary pricing and regulation boards. Mansour argued that the defendant had granted those contracts to make the Egyptian people happy.

Edited translation from Al-Masry Al-Youm

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The Cairo Criminal Court has rejected a request from the Illicit Gains Authority to freeze the assets of former Prime Minister Ahmed Shafiq and his three daughters.

The court ordered the Illicit Gains Authority, which is part of the Justice Ministry, to cancel its previous decision to freeze the assets of Shafiq and his daughters Sherine, Mai and Amina, which would prevent them from disposing their liquid and movable funds, real estate, stocks, bonds and bank balances.

The authority had previously requested that the Cairo Court of Appeal support its decision.

Investigations and regulatory reports had raised suspicions about possible graft cases involving Shafiq, leading the authority to make its initial decision.

Decisions to freeze funds, either by the Illicit Gains Authority, the General Prosecution or investigating judges summoned by the justice minister, are temporary decisions that must subsequently be ratified by a criminal court. The decision lasts until the defendant is either referred to criminal court or the case is suspended.

Edited translation from MENA

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Cairo Criminal Court acquitted Thursday police officers Ahmed Mostafa al-Shazly and Khaled Abu Raid of killing five protesters and injuring seven others last year.

The officers were found not guilty of shooting revolution protesters outside the Darb al-Ahmar police station on 28 January 2011.

The defense lawyer argued the charges were false and based on malicious motives. Their attorney claimed criminals in the district made up the allegations out of hostility toward Shazly after his 11 years on the police force. He suggested that the protesters may have been killed by unknown gunmen who infiltrated the demonstrations.

The mother of Ahmed Khalifa, one of the protesters shot dead, burst in to tears when the verdict was announced.

"I was sure they would acquit the defendants. We will see what President [Mohamed] Morsy will do with them," she said.

According to the defense, Shazly was stationed at the Cairo Security Department on the day of the killings and Abu Raid was securing Al-Azhar Mosque during Friday prayers that day. Brigadier General Ahmed Helmy, Captain Mohamed Fawzy and Captain Ahmed Kilany all provided testimony corroborating Shazly’s alibi.

The lawyer also said the killed and injured protesters had been violent and tried to burn down the police station.

Edited translation from Al-Masry Al-Youm

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A judicial official said Monday that Egyptian authorities are considering all legal procedures to compel the Spanish authorities to extradite businessman Hussein Salem’s children, who fled to Spain during the 25 January uprising.

The state-run MENA news agency quoted the official as saying that the Spanish Constitutional Court on Friday rejected the extradition of Khaled and Magda Salem to Egypt.

According to the source, the ruling was based on the fact the pair are Spanish citizens and Spanish law bans extraditing citizens to other countries unless there is an agreement in place between them. The court also cited the UN Anti-Corruption Treaty in its decision.

A Spanish court ruled to hand the Salems over to Egypt in March, but they appealed the verdict.

Salem and his children are charged with several crimes, including money laundering in collaboration with the former president.

In June, the Cairo Criminal Court sentenced Salem, a close ally of former President Hosni Mubarak, and former Petroleum Minister Sameh Fahmy to 15 years in prison for their involvement in Egypt’s notorious gas deal with Israel.

Egypt has an extradition request pending for Salem, who was arrested in Spain last June. On 1 November, the Spanish Supreme Court rejected Salem’s asylum request and ruled that his extradition could go ahead.

Prior to this, a Spanish national court had ordered the handover of Salem on the grounds that he is exploiting his Spanish nationality to evade extradition.

Salem fled to Spain during Egypt’s 25 January uprising last year. Following Mubarak’s resignation, Egypt called on Interpol to arrest Salem for bribery, abuse of power and squandering public money. The Spanish government then found evidence implicating him in money laundering in Spain.

Salem was accused of giving Mubarak and his two sons, Alaa and Gamal, luxury villas in Sharm el-Sheikh for free, although they are valued at more than 5 million euros, in return for Mubarak granting him more than 2 million square meters of land in the same area.

The Cairo Criminal Court acquitted the defendants on 2 June, saying the sales in question occurred more than 10 years ago, which is beyond the statute of limitations for non-state employees to be prosecuted on corruption charges.

Edited translation from MENA

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Cairo Criminal Court will issue a verdict in the Mohamed Mahmoud clashes case on 15 December, Al-Masry Al-Youm reported Saturday.

The decision on Saturday came two days ahead of the first anniversary of the clashes between protesters and security forces on Mohamed Mahmoud Street, which began on 19 November last year.

President Mohamed Morsy decided a few weeks ago to pardon all but one of the 379 defendants facing trial for violent incidents that took place during the 25 January revolution and the interim period under the rule of the Supreme Council of the Armed Forces. The pardon could force the judge to find almost all of the defendants not guilty of charges related to the clashes.

Prosecutors are accusing defendants of burning down real estate tax offices and setting fire to police cars, as well as injuring police officers and damaging the facade of the American University in Cairo’s downtown campus overlooking the street.

Activists say the clashes were the result of congestion among many demonstrators after Central Security Forces broke up a sit-in of the revolutionary martyrs’ families in adjoining Tahrir Square by force on 19 November 2011, leading to clashes with police that lasted for five days, killing over 40 people.

In a statement, prosecutors had said the amnesty decision covered all but one defendant, whom they alleged was in possession of narcotics.

The Constitutional Declaration, issued in March 2011, grants the president the right to issue a pardon for criminal defendants, which, according to legal experts, will give the court the right to acquit the defendants in that case.

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The Cairo Criminal Court adjourned the trial of controversial media figure Tawfiq Okasha on charges of attempting to incite the killing of President Mohamed Morsy to 5 December as the defendant was absent from the Wednesday session.

The court turned down a request from Okasha’s defense team demanding that a travel ban on the television presenter be lifted. The defense also submitted a medical statement as evidence that Okasha is recuperating for three weeks to justify his absence from the session.  

A number of Okasha supporters were present at the court. They chanted, “Down with the Supreme Guide's rule,” referring to Muslim Brotherhood Supreme Guide Mohamed Badie, and “No God but God, the Brotherhood are the enemies of God.”

The trial began on 1 September after the public prosecution referred Okasha to court on 13 August on charges of libel, defamation, and inciting the murder of the president.

State-run Al-Ahram reports that nearly 30 cases have been filed against Okasha, a talk show host and head of the privately-owned Al-Faraeen satellite channel, over statements he made that were critical of Morsy.

Okasha, who is known for his harsh criticism of the Muslim Brotherhood and its political rise since the 25 January revolution, said weeks after Morsy’s victory that his presence in the presidential palace was illegal.

The Al-Faraeen channel was suspended on 16 August, with authorities threatening to revoke the channel’s license if it did not make programming changes. A court ordered that it could resume broadcasting on 20 October in response to a lawsuit filed by Okasha.

Edited translated from Al-Masry Al-Youm

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