The Appeal Court rules for the right of the Martyr Khaled Said, and approves compensating his heirs.. The Egyptian Center: “ we will appeal before the Court of Cassation to increase the amount of Compensation”
English

The Appeal Court rules for the right of the Martyr Khaled Said, and approves compensating his heirs.. The Egyptian Center: “ we will appeal before the Court of Cassation to increase the amount of Compensation”

The 21st Civil Chamber of the Cairo Court of Appeal, presided over by Counselor Mahmoud Abdel Gawad, rejected the appeal filed by the Ministry of Interior, the police Secretary, and Police Sergeant against the judgment obtained by the lawyers of the Egyptian Center for Economic and Social Rights to compensate the heirs of the martyr Khaled Said with a sum of one million pounds for his murder.

The Court decided to amend the appealed judgement by reducing the compensation for the moral and financial damages with an amount of 400 thousand EGP, and decreasing the inherited compensation value to one hundred thousand EGP, with a total of 500 thousand EGP instead of one million EGP, in a first Instance judgement. The Court decided to accept the appeal on the collateral guarantee claim submitted by the Ministry of Interior against a police secretary and sergeant who were convicted of murdering Khaled Said, in addition to obliging them to pay to the Ministry whatever the amount of compensation that it might pay to the heirs of the martyr.

ECESR pays tribute to the ruling as it is considered a victory to the family of the Martyr Khaled Said and finally closes one of the crucial cases in Egypt during the last two decades, as it was the focus of attention for a large segment of Egyptian citizens, human rights organization, media corporates and legal foundations. The trial process took more than 13 years to reach a verdict. At the same time, the center expresses its regret over the verdict to reduce the compensation instead of increasing it to uphold the rights of the martyr.

Mohamed Abdel Aziz, the ECESR’s lawyer, said that the legal defense team will appeal against the ruling before the Court of Cassation, to increase the amount of compensation to be appropriate to the enormity of the damage occurred to the family.

The 3rd Circuit for compensations, New Cairo Full Court, decided in Lawsuit No. 152 of 2018 filed by the Center’s lawyers as attorneys on behalf of two siblings of the Martyr Khaled Said, to compensate them with one million EGP due to his murder.

On June 6, 2010, Khaled was murdered after being tortured by a police secretary and a sergeant who worked at Sidi Gaber Police Station in Alexandria. The public Prosecution referred them to the proceedings of a felony under charges of arresting Khaled without any legal right, using brutality and torturing him physically depending on their job. In addition to beating him, and pushing his head to be smashed to a wall made of marble in one internet cafe. Then, they dragged his body to an entrance of a near building, and continued beating him in different parts of his body, as what was described in the forensic report.

On October 26, 2011, Alexandria Criminal Court decided to imprison both of them with seven years as an aggravated sentence, and refer the civil lawsuit to the competent Court. The defendants and the public prosecution challenged the ruling through the Court of Cassation. On December 20, the Court of Cassation decided to approve the appeal, and refer the case to Alexandria Criminal Court to be considered through a new Circuit.

On March 3, 2014, the Court which was dedicated to the rehearing of the case, decided to imprison the accused with 10 aggravated years. Then they made an appeal for the second time through the Court of Cassation on April 26, 2014. Subsequently, the Court of Cassation rejected the appeal in it’s matters on March 4, 2015.

On March, 2018, ECESR’s lawyers filed a lawsuit as attorneys on behalf of two siblings of the Martyr Khaled Said and his mother, demanding the obligation to force the defendants and the Minister of Interior to pay two million EGP as a compensation for the moral and financial damages occurred to them due to Khaled’s murder. The Ministry of Interior submitted a collateral guarantee claim against the convicted police secretary and Sergeant to pay to the Ministry whatever the amount of compensation decided by the Court to the heirs. During the deliberation of the lawsuit, Mrs. Laila Marzouq, Khaled’s mother died. Thus, the lawsuit was considered for his two siblings, Mrs. Al Zahraa Said and Mr. Ahmed Said.

The lawsuit was deliberated in the hearings, till the Court issued it’s ruling on December 2021, by obliging the defendants to pay one million EGP to the heirs of the martyr as a compensation for the moral and financial damages, in addition to rejecting the collateral guarantee claim submitted by the Ministry of Interior , then the defendants made an appeal, and eventually the Court issued it’s ruling.

Leave feedback about this