The Egyptian center receives the executive formula for compensating the heirs of the martyr Khaled Said in preparation for its implementation
The Egyptian Center for Economic and Social Rights (ECESR) received the executive formula for the ruling from the CairofAppeal Court, compensating the heirs of the martyr Khaled Said. In the lawsuit of his murder by two policemen. is an amount of 400,000 Egyptian pounds, in addition to a compensation of 100,000 pounds, making a total of 500,000 pounds in the first-degree judgment.
The center announced its intention to initiate temporary execution procedures pending the resolution of the appeal aimed at increasing the compensation for the family of the martyr Khaled Said.
Cairo Appeal Court, Civil Circuit No.21 presided over by Judge Mahmoud Abdeljawad, rejected the appeal filed by the Ministry of Interior and a police officer against the judgment obtained by the lawyers of the Egyptian Center for Economic and Social Rights, ordering one million pounds in compensation for the killing of the martyr Khaled Said.
The Court decided to amend the appealed judgment, reducing the compensation for material and moral damages to 400,000 Egyptian pounds and lowering the inherited compensation to 100,000 pounds, resulting in a total of 500,000 pounds instead of one million pounds, in the first-degree judgment. Moreover, the court accepted the appeal on the subsidiary claim filed by the Ministry of Interior against the convicted police officer and ordered them to pay the compensation to the heirs of the martyr Khaled Said.
On August 9, 2023, the Center lodged an appeal with the Court of Cassation, under Case No.24618 of the Judicial year No.93, challenging the ruling issued by the Cairo Court of Appeal that reduced the compensation for the heirs of the martyr Khaled Saeed In the lawsuit of his murder by two policemen. to 400,000 Egyptian pounds and lowering the inherited compensation to 100,000 pounds, resulting in a total of 500,000 pounds instead of one million pounds, in the first-degree judgment.
Mohamed Abdelazim, the lawyer for the Egyptian Center, stated that the center, as an attorney on behalf of the heirs of the martyr Khaled Said, demanded an increase in the compensation amount. Furthermore, he sought to annul the appealed judgment and referred the case for reconsideration before a different circuit of the Cairo High Appeals Court, specifically the North Cairo High Appeal Court, with the obligation for the appellants to cover the expenses and legal fees.
Abdelazim added that the court, in its appellate judgment, decided to reduce the compensation amount, citing alleged exaggeration. This decision is perceived as corrupt reasoning and a contradiction in the grounds, considering the court’s certainty that the awarded compensation amount – one million pounds only – is excessive, without providing reasons or examining the extent of the harm suffered by the appellants. or to ascertain the truth in assessing the material and moral damages suffered by the plaintiffs. Or to prove the elements of exaggeration in assessing the compensation by the court of first instance.
He clarified that in this regard, the Court of Cassation stated, “While determining the deserved compensation for the plaintiff due to his torture in detention is a matter left to the discretion of the subject judge, it must specify the elements considered in its assessment without increasing or decreasing from what compensates for the harm incurred. Additionally, if the Appeal Court modifies the compensation amount, it is obligated to provide reasons for that modification; otherwise, its judgment would be considered deficient and subject to annulment.
In a previous statement, the Egyptian Center affirmed that it welcomes the verdict as a triumph for the family of the martyr Khaled Said, marking the final closure of one of the most significant cases in Egypt over the past two decades. This case drew the attention of a large sector of Egyptian citizens, as well as human rights, journalistic, and legal institutions. The legal process lasted for more than 13 years. However, the center simultaneously expressed regret over the Appeals Court’s decision to reduce the compensation amount instead of increasing it in justice for the martyr’s family. ،