At its meeting held on Tuesday, corresponding to 02/16/2016 in the presence of the “freedom Seekers” Observatory lawyer, Caliph and Mokattam Misdemeanor Appeal circle reject the Appeal against renew the imprisonment of both: “Mahmoud Hossam El Din” is a student at the Faculty of Law, Cairo University, and his brother, “Ahmed Hossam El Din” student at the Faculty of Commerce, Ain Shams University, and continuing into force of the decision against them on Wednesday, 02/10/2016 renew jailed for 15 days pending the investigation.
It is noteworthy that the “Freedom Seekers” Observatory lawyer reported that the court refused to allow him to plead at the session, where it decided to directly refuse the submitted Appeal that against the imprisonment of two students and decided to continue detaining them up without listening to their defense, which is a flagrant violation of Article No. (136) of the Egyptian Law of Criminal Procedure, which reported by stipulating that it “investigating judge must hear the words of the public prosecutor and the defense of the accused, before to order the jail this article shall be also applied on the orders that are issued after the remand pursuant to the provisions of this law”.
Stating that the security forces had raided a home in the students on ٍMonday 12/28/2015 and then had them arbitrarily detention without a warrant, and took them to an undisclosed location where they remained under enforced disappearance for nearly twenty days, proved that they were tortured at the headquarters of the state security apparatus in Blazawgla,untill the first appearance for them on Wednesday, 01/13/2016,To be brought before a public prosecutor who had not conducted any investigation in the crimes of enforced disappearance and torture, which done against the students, were charged with direct charge: to join the “Ultras Nahdawi” movement against the current system, and then ruled their detention pending the investigation, where they were currently detained at the police station, “Elmokattam”.
It is noteworthy that what is done against students from arbitrary arrest without a warrant, and then exposing them for the crimes of enforced disappearance and torture to prison terms, all this is a clear violation of Articles No. (54) and (55) of the current Egyptian constitution, where the first criminalized the arrest of any person without permit or injunction reasoned, as necessitated that brought before the investigation authority within twenty four (24) hours as of the time of restricting his/her freedom.’ the second, criminalized subjecting any person to be arrested to torture, intimidation or physical or psychological abuse, which is what the policy security services under the current system of Egypt violated,By detaining the students without viewing on any investigative body for more than tens of times the legal limit.
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