Criminal Justice | From Arrest to Life Imprisonment in Days… and Trials Without Defense: The Case of Amr Ali and Ramy Sayed

**Ramy Sayed (The Funeral Detainee)**

From Misdemeanors to Felonies in Secret…

From Arrest to Life Imprisonment in Days

Ramy Sayed Hasanin, a prominent figure in the April 6 Youth Movement, a member of its political bureau, and a member of the Revolutionary Front, finds himself entangled in a legal battle that began on September 1, 2014. On that day, a group of April 6 Youth Movement members visited the home of their former colleague, the martyr Ahmed Sabry, to commemorate the first anniversary of his martyrdom at his residence in the Bulaq Al-Dakrur area. However, upon entering the area, ten of them were arrested by security forces. When they were presented before the prosecution, they were charged with demonstrating, gathering, and possessing leaflets and explosives. The prosecution released them within the first four days of the investigation.

The ten defendants in this case are: Khaled Ahmed Ismail, Mohamed Ashraf, Kareem Shalaby Taha, Ahmed Taha El-Sayed, Ahmed Ali Abdel Hamid, Hassan Hossam El-Din Saad, Mohamed Kamal, Ramy Sayed Hasanin, Abdel-Meguid Sayed Abdel-Meguid, and Imam Fouad Imam.

Over a year after the case began, it was suddenly escalated from a misdemeanor to a felony and referred to the 5th Circuit for Terrorism Cases in Giza, where a life sentence in absentia was handed down in the very first session. This decision was made without notifying any of the defendants of the referral, as required by Article 384 of the Code of Criminal Procedure. The life sentence was issued on October 8, 2015.

Just days after the sentence was passed, Ramy Sayed Hasanin was arrested on October 18. He was accompanied by Nader Nagy, who was charged with harboring a fugitive. When the District Prosecution requested a certificate from the Criminal Court Registry regarding the case in which Rami was implicated, they were surprised to find that the certificate indicated the case had been referred to the Criminal Court on June 22, 2015, and sent to the Court of Appeal on August 3, 2015, under case number 4118, without a trial date being set as of yet. Based on this, the Bulaq Al-Dakrur Prosecution ordered the release of both Ramy and Nader, as the essential element of fleeing from justice was not established, given that Rami was unaware of the court referral.

Despite the clear evidence that Ramy was unaware of the case’s referral to the Criminal Court or the issuance of a sentence, and that the law mandates he be notified of both the referral order and the sentence — without which he cannot be considered a fugitive, thereby entitling him to request a retrial and be released until the appeal session is scheduled by the Court of Appeal Prosecution — the prosecution nonetheless ordered that Rami be detained until his retrial before the same circuit, presided over by Judge Mohamed Nagy Shehata, on charges of demonstrating, gathering, and possessing leaflets and explosives. This was all because he and his colleagues had gone to pay their respects to their fallen comrade.

**Amr Ali (General Coordinator of April 6)**

The Public Prosecution’s Hostility Toward the Defense Lawyers of the Detainee “Amr Ali”

And Its Refusal to Allow Them to Appeal His Detention Order

On September 22, 2015, at noon, security forces from Ashmoun Police Station in Monufia Governorate arrested “Amr Ali,” a founding member of the April 6 Youth Movement and its general coordinator. He was taken to an undisclosed location. Two days after his disappearance, his family received information that he was being held in Tora Prison, where he was reportedly seen by another political detainee who informed his family during a visit. Later, Amr’s brother learned that Amr had been interrogated by the Al-Marg Prosecution in New Cairo on the afternoon of the following day, in connection with a previous case in which two members of the movement were arrested on June 4, 2015, at Al-Marg Metro Station, accused of distributing leaflets inciting citizens to strike, disrupt the constitution, and harm public interest and security. The prosecution had, however, released them in that case.

Despite this information, Amr’s family and lawyers could not verify his whereabouts until five days after his arrest, due to the official Eid al-Adha holiday. Once the holiday ended, it was confirmed that Amr had indeed been interrogated by the Al-Marg Prosecution without the presence of a lawyer, a violation of the constitution and law, which mandate that a lawyer be present during any interrogation of an accused person. If the accused has no lawyer, the prosecution must appoint one to ensure the accused’s rights are protected. During the interrogation, the Public Prosecution charged Amr Ali with the following:

1. Willful destruction of buildings and property intended for public use, in execution of a terrorist purpose.

2. Establishing a movement (“April 6 Youth Movement”) aimed at dominating another social group and overthrowing the regime by force and terrorism.

3. Possession and distribution of documents and publications within Egypt intended to disrupt the constitution and the political systems of society, with the aim of overthrowing the state using terrorism.

4. Establishing and managing a communication network that threatens public security.

5. Deliberately broadcasting false information and rumors, with the intent to disturb public security, spread fear among the population, and harm the public interest.

The evidence listed in the case file included some business cards of public figures, a personal laptop, a mobile phone, and a piece of paper with some names written on it.

After the interrogation session with Amr Ali, the Chief Prosecutor of Al-Marg issued a decision to detain Amr Ali for fifteen days pending further investigations by the Public Prosecution into the case, with his detention being periodically renewed ever since.

Despite an appeal filed by Amr’s lawyers from the Egyptian Center for Economic and Social Rights, the Chief Prosecutor refused to acknowledge the lawyers’ request to appeal the detention order, despite them being officially authorized to represent Amr Ali. In violation of the Code of Criminal Procedure, the prosecutor insisted that Amr be brought from his detention in Tora Prison to personally sign the appeal request, claiming that the prosecution had no authority over him while he was in investigative custody. To date, Amr has not been brought from his detention to sign the appeal request, with the prosecutor claiming that the prison has not responded to the request for his transfer, even though the prison transfers detainees to the prosecution daily. This obstruction led to the expiration of the opportunity to appeal Amr’s detention, as his next detention renewal session was scheduled for October 17, 2015. However, neither the Chief Prosecutor nor Amr attended, as the Chief Prosecutor was preoccupied with the elections!

Tomorrow, on October 22, the appeal session for Amr Ali’s detention order will take place for the third consecutive time.

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[1] – In the case number 214442 of 2014, Bulaq Al-Dakrur Misdemeanors

[2] – Felony case number 4546 of 2015, South Giza Criminal Court

[3] – Harboring a fugitive, case number 31165 of 2015, Bulaq Al-Dakrur Misdemeanors

[4] – Case number 4549 of 2015, Al-Marg Administrative Court