Summary
The Egyptian government has targeted independent business owners, subjecting them to arbitrary prosecution under the guise of combating terrorism, but in fact to control, harass, intimidate, and rob its citizens. One such victim is Mohamed Ahmed Hassan Thabet, whom the Egyptian government initially disappeared, and then held without charge or trial for nearly five years starting on September 25, 2019, bringing charges against him only on July 30th, 2024, August 10, 2024 and November 20, 2024. He remains imprisoned at Badr prison. Thabet, age 73, owns a business in the agricultural industry, and is married with four children. Thabet's case is part of a broader pattern of government crackdowns, in which Egyptian authorities unjustly imprison successful businessmen under fabricated charges of association with the banned Muslim Brotherhood, freezing and eventually seizing their assets.
There is no credible evidence that Thabet has committed any crime or has had any association with the Muslim Brotherhood. The government has banned the Muslim Brotherhood as a terrorist organization, although it failed to provide any evidence of the organization's responsibility for political violence. Criminalizing membership in the organization as a terrorist crime also fails to meet basic international legal standards for protection of free speech and association, and is itself an abuse of rights. Thabet's arrest and subsequent persecution appear entirely politically motivated due to his status as a prominent Egyptian businessman, particularly at a time when the Egyptian government has extensively seized the assets of many successful businessmen.
Presented as evidence against Thabet in Egyptian police case records are books related to the history of the Muslim Brotherhood they confiscated without a warrant in Thabet's 500 volume library, and images from protests during the 2011 Arab Uprisings, which they obtained in his illegally searched personal phone. Prosecutors also claim that an inmate "admitted" during an interrogation that Thabet is a member of the Muslim Brotherhood. This claim, coming after Thabet's detention, is not credible and includes no supporting evidence; Egyptian authorities have relied on such fabricated confessions from prisoners subject to duress. In all events, none of these materials are evidence of any wrongful conduct, and there is no legitimate basis for designating the Muslim Brotherhood as a terrorist organization or criminalizing membership in the organization as a terrorist offense. In addition, Thabet has consistently denied any membership in the organization.
Based on the First Attorney General of the Supreme State Security Prosecution's (SSSP) referral order to the court (page 20 to 22), the baseless charges under the Anti-Terror Law No. 94 of 2015 include: joining a terrorist group with knowledge of its purposes and means; committing the crimes of financing terrorism by providing, collecting, possessing, and transferring funds and information to the terrorist group; and possessing printed materials and recordings that promote the aims of the terrorist group.
The arrest of Thabet appears connected to the Egyptian government's attacks against his brother, Safwan Thabet, and nephew, Seif Thabet, whom it also imprisoned on arbitrary charges, between December 2020 and January 2023.
Egyptian authorities have subjected Thabet to cruel and inhumane conditions. This includes reports of prison guards denying Thabet food,leading to his significant weight loss; medicine for existing medical conditions; and climate-appropriate clothing. Prison officials have also subjected Thabet to confinement in a crammed cell with 40 other detainees without regular access to restroom facilities, while denying Thabet's family with any information about his whereabouts for weeks on end.
Methodology
A DAWN researcher interviewed sources close to Mohamed Ahmed Hassan Thabet who had direct knowledge of his persecution and reviewed publicly available reports and information that we consider reliable, as detailed below. Interviews include the following:
Source A: A DAWN researcher remotely interviewed Source A on September 26, 2024, December 17, 2024, January 14, 2025, January 27, 2025 and February 4, 2025. DAWN researchers have been in close contact with this source for additional inquiries and support in fact-checking via online messaging platforms.
Source B: A DAWN researcher remotely interviewed Source B via online applications to authenticate trial and legal proceedings and other facts.
We do not disclose the identity of our sources to protect their security unless sources expressly provide for us to disclose their identity. We reference our unnamed source here as Source A and Source B.
Notes
This investigation provides only partial documentation of the legal proceedings against Mohamed Ahmed Hassan Thabet between 2019 and 2025. For almost five years, between September 25, 2019, when authorities first arrested him, and July 30, 2024, there was no documentation of any legal proceedings against Thabet, and Egyptian authorities illegally held him in pre-trial detention beyond the time period prescribed by the law. On August 10, 2024 and November 20, 2024, Egyptian prosecutors finally charged him with Case No. 1175 of 2018 and Case No. 205 of 2022, and he remains imprisoned under these charges awaiting trial. Source A provided case documents after Egyptian prosecutors took the case to court in 2024.
Personal and Professional Background
Mohamed Ahmed Hassan Thabet was born on July 2, 1951, in Cairo. As a successful businessman, Thabet served as the General Manager of Ebad Al-Rahman Import and Export Company. Thabet's ordeal began on September 25, 2019, when national security forces raided his home in the afternoon, confiscating his personal belongings and arresting him in front of his family, without presenting any warrant or documentation to justify their forceful actions.
Time and Circumstances of Arrest; Enforced Disappearance
Source A and Source B recall that at the time of security forces first arrest on September 25, 2019, Thabet was at home with his family. A van carrying five guards parked outside Thabet's home around two o'clock in the afternoon. Court documents state that police officer Sherif Ibrahim El-Sakka Saqr led the arrest after a "reliable secret source" of the Egyptian government provided authorities with Thabet's residence. These documents also falsely claim that the officers arrested Thabet and presented him with a judicial warrant on September 26th, 2019, a day after they actually arrested him; such forgery of arrest records is a common practice that has been documented in prior cases. According to eyewitness testimony, three guards entered the building and proceeded to Thabet's room, demanding Thabet follow them out the door. During this arbitrary arrest, guards confiscated a laptop, mobile devices, and books from Thabet's personal library without a warrant.
Upon arrest on September 25, 2019, Egyptian authorities took Thabet to a local detention center in Sixth of October (City), known as Amn el Dawla, overseen by the State Security Investigations Services (SSIS). Thabet reported to Source A that Egyptian authorities placed blindfolds over his eyes for the 48 hour duration of his detention at this local detention center.
After what Source A says was a two day period in the SSIS center, Egyptian authorities then transferred Thabet to a Central Security Forces camp on the Cairo-Alexandria desert road, called Kilo 10.5 Prison. As Egyptian authorities did not provide Thabet, his lawyer, or his family with any official record or documentation of these detentions, the dates listed are approximations from the recollection of Source A.
Egyptian authorities held Thabet at Kilo 10.5 Prison for a period of three to four days, as Source A recalls. During this time, Thabet was able to contact Source A through a cell phone he obtained within the prison. Over the phone, Thabet reported his location at the time to Source A, while requesting food, medicine, and clothes since Egyptian authorities failed to provide these essential items to him. On the phone call to Source A, Thabet also recounted the names of other prisoners whose families may not have known their whereabouts, so that they could be provided with basic necessities. Immediately after this call, Source A went to Kilo 10.5 Prison with medicine, food, and climate-appropriate clothes for Thabet. However, Egyptian authorities claimed Thabet was not at the prison, banning Source A from providing these items and restricting the family from seeing Thabet.
Shortly after the phone call from Kilo 10.5 Prison, around October 1, 2019, an unknown Egyptian policeman came by Thabet's family home to request his passport or identification card, because Thabet's ID was lost. There, Source A pleaded with the officer to share Thabet's location. The officer then told Source A, unofficially, that Thabet was en route to the notorious Tora Maximum Security Prison, a facility known for prisoner abuse and degrading living conditions.
Upon learning of Thabet's alleged transfer from Kilo 10.5 Prison to Tora Prison, Source A traveled to Tora to make contact with Thabet. Upon Source A's arrival, specifically to the Istiqbal section of Tora (one of seven classified blocks at the prison) where a family connection said authorities may be holding Thabet, an unnamed security official told Source A that no visitors are permitted for a period of at least one month from a detainee's first arrival. At the same time, the unnamed officer did not confirm that Thabet was being held at Tora. Both of these instances violate Article 38 of Prison Law No. 396/1956, which explicitly states that every convict has the right to maintain correspondence and to be visited by relatives.
For this entire month-long period, Source A and Thabet's family had no information of Thabet's exact whereabouts or condition. After a month passed, Source A was able to see Thabet in the Tahqiq section of the prison. This is where Source A and Thabet's family noticed that Thabet's physical condition was deteriorating. Then, Thabet recounted instances of authorities placing him in a crammed cell unfit for human habitation while prison officials deprived him of adequate food and water. Source A also recalls a point when Thabet's physical appearance indicated starvation, with a reported loss of 30 kilograms in weight. Egyptian authorities would keep Thabet detained in Tora Prison for a period of about two years, according to Source A.
After about two years in Tora, Egyptian authorities transferred Thabet to Badr Prison Complex, where prison guards currently hold him. This new facility is also where the Egyptian government holds Anas El Beltagy, whose abusive detention DAWN researchers have documented. Human rights groups have documented extensive torture and inhumane treatment at this prison, including detainee complaints regarding the deterioration of their physical and mental health due to detention conditions.
Source A said that they believed Thabet concealed the extent of harm authorities imposed upon him due to a desire not to worry his family.
Charges
Egyptian authorities detained Thabet without charge or trial for a period of nearly five years. Starting July 30, 2024, Egyptian prosecutors finally charged him with a host of offenses for which they provided no evidence. These charges include:
Joining a terrorist group with knowledge of its purposes and means;
Committing the crimes of financing terrorism by providing, collecting, possessing, and transferring funds and information to the terrorist group;
and possessing printed materials and recordings that promote the aims of the terrorist group.
These charges are in reference to membership in the outlawed Muslim Brotherhood, which the Egyptian government has designated as a "terrorist" group. Egyptian authorities are now prosecuting Thabet under these charges in two separate cases, No. 1175 of 2018 and No. 305 of 2022.
Case 1: On July 30, 2024 after nearly five years of pretrial detention without charge, Prosecutor Mohamed Abdel Naser of the SSSP referred Case No. 1175 of 2018, involving Thabet and 116 other defendants, to the Cairo Court of Appeals for the Criminal Division. Prosecutors charged Thabet with joining and promoting terrorist activities. This was the first time Egyptian authorities informed Thabet of the charges against him in a pending case before a court. Under this case, authorities claim Thabet joined a terrorist group while knowing its purposes, and that Thabet owns publications to promote the goals of the terrorist group. This same case is also listed in the court under a different number, Case No. 9453 of 2024.
On August 10, 2024, Judge Wagdy Mohamed Abdel Moneim added all those charged in this case to the so-called "terrorism list." Inclusion on this list allows the Egyptian government to seize assets of the accused, impose a travel ban, force the withdrawal of passports, and disqualify them from running for any position. In Thabet's case, authorities froze his assets about a week before this decision to add him to the list, but according to Source A, the Egyptian government does not currently control Thabet's assets. Thabet is listed as individual number 23 in the list.
Egyptian authorities presented no substantive evidence to support Thabet's inclusion in this terrorism list. The court simply issued a supplemental document naming Thabet and the 116 other defendants on the terrorist list for a period of five years starting from the date of issuance of the decision. Thabet's legal team appealed the decision within the required 60 days, which necessitates the issuance of a power of attorney. As a result of this appeal, authorities have scheduled a hearing for February 15, 2025.
The only documentation that Egyptian Police cite as evidence in their case records are books related to the history of the Muslim Brotherhood they claim to have found in Thabet's 500 volume library, and images from protests during the 2011 Arab Uprisings on his illegally searched personal phone. Authorities claim that these books were accompanied with sheets of paper that organize study and prayer schedules affiliated with the Muslim Brotherhood. The images include an Egyptian woman at a demonstration holding up a sign that reads in Arabic "My brother died" and "Enough." One of the printed materials included a slogan reading "We are all Rabaa." These are what authorities are citing as evidence of joining a terrorist group. Authorities also say that a prisoner, identified as number 22 but whose name we are not sharing to respect his privacy, "admitted" during an interrogation that Thabet was a member of the Muslim Brotherhood. According to Source A, however, Egyptian authorities released prisoner 22 after this fabricated confession. Authorities provided no evidence to actually support the allegation beyond the unnamed witness testimony. The practice of forced confessions fabricating information, often extracted by duress and a victim's wish to end the torture and incarceration, is well documented in El-Sisi's Egypt.
Case 2: On November 20, 2024, Egyptian authorities brought Thabet before the SSSP in the Fifth Settlement in Cairo under a second case, No. 305 of 2022, charging him and 116 others with joining a terrorist group and financing terrorism under the Anti-Terror Law No. 94 of 2015.
Under Article 12 of Egypt's Anti-Terror Law (Law No. 94 of 2015):
Whoever establishes, founds, organizes or manages a terrorist group, or assumes leadership or command thereof, shall be punished by death or life imprisonment. Whoever joins a terrorist group or participates in it in any way, knowing its objectives, shall be punished by rigorous imprisonment. The penalty shall be rigorous imprisonment for a term of not less than ten years if the perpetrator receives military, security or technical training from the terrorist group to achieve its objectives, or if the perpetrator is a member of the armed forces or the police. Whoever coerces or induces a person to join a terrorist group, or prevents him from leaving it, shall be punished by life imprisonment. The penalty shall be death if the coercion, inducement or prevention results in his death.
Egyptian authorities have weaponized the Anti-Terror Law to prosecute people on baseless charges of terrorism, often merely alleging a person's membership in the Muslim Brotherhood, or without any substantive evidence at all, and relied on it as a tool for political repression, typically against those involved in human rights activity, although Thabet has not even been involved in such activism. This has also been the case against other prisoners Egyptian authorities have unjustly arrested, like Hassiba Mahsoub. To date, the prosecution has presented no credible evidence to support any of the charges against Thabet.
Thabet's detention and legal process have been inexcusably prolonged by frequent delays, a regular practice of the Egyptian government to indefinitely detain people without sentence. These prolonged delays are in direct violation of the Egyptian penal code Articles 134 and 143, as detailed below in Violation of Rights. Since his initial detention, prosecutors have subjected him to 56 detention renewals, each resulting in an extension of either 15 or 45 days. These extensions have amounted to over five years imprisonment, with judges repeatedly extending his pretrial detention with little to no explanation. Moreover, over a dozen different judges presided over sessions to extend his pre-trial detention, highlighting the systemic nature of his prolonged detention.
Source A notes that Thabet hoped that authorities would release him after one to two years of detention, like they released two other defendants Thabet knew who also work in agricultural research and were charged under Case No. 1175 of 2018, but freed after two years in jail. Moreover, Egyptian authorities detained Thabet's brother and nephew and released them after two years in detention. Yet over five years later, Sisi's regime continues to imprison Thabet under baseless charges.
The charges against Thabet, including joining a terrorist group and financing terrorism, mirror the baseless accusations used to oppress other successful businessmen, writers, journalists, artists, and activists in Egypt. These cases are also illustrative of the Egyptian government's practice of unjustly holding detainees for years without trial or sentence based on charges in multiple, often overlapping cases, and without presenting evidence to substantiate their charges. Moreover, as numerous human rights organizations have documented, notwithstanding eventual acquittals on appeal in these baseless cases, Egyptian authorities manage to keep detainees imprisoned for years. As The New York Times details in "Egypt's Revolving Jailhouse Door: One Pretrial Detention After Another":
No public records exist of how many people are held in pretrial detention. But an analysis by The New York Times of handwritten court logs, painstakingly kept by volunteer defense lawyers, shows for the first time the number of individuals detained without trial and exposes the circular legal process that can keep them there indefinitely.
A report by the Tahrir Institute titled "Indefinite Pretrial Detention in Egypt: Rotation and Detention Pending Multiple Cases," also delves into more detail. DAWN's archives on Egypt Unjust Prosecution provides additional examples.
Prosecution
There is no credible evidence that Thabet has committed any crime or cognizable offense. Instead, the Egyptian government's arrest and subsequent persecution of Thabet appear entirely politically motivated due to his status as a prominent Egyptian businessman, particularly at a time when Sisi's regime seeks to seize assets of many successful businessmen.
Thabet's personal family affiliation appears to be an additional reason for Egyptian authorities to prosecute him. Source A shared with DAWN researchers that, decades ago, Thabet's grandfather Hassan El Houdaiby, was a leader of the Muslim Brotherhood. This provides reason to believe that his unjust detention is also related to his familial ties, although Source A recounts Thabet himself has not been involved in any public political activity, and has always focused on his business. Moreover, even if such political involvement is apparent, it is not criminal and does not justify the punishment that Egyptian authorities have inflicted upon detainees like Thabet.
Trial and Legal Proceedings
The following Judges presided over the 58 sessions repeatedly renewing Thabet's pre-trial detention: Mohamed El-Saed Mohamed Abdel Aziz El-Sherbini, Ghareeb Mohamed Ezzat Ghareeb Metwally, Mahmoud Mohamed Abdel Moneim Zidan, Mohamed Mohamed Mohamed Ammar, Raafat Zaki Mahmoud Hussein, Ali Hassan Ibrahim Emara, Wagdy Mohamed Abdel Moneim Mohamed Abdo, Wael Mohamed Ali Youssef Omran, Mohamed Nabil Shafiq Abdel Rahman, Essam Ali Abdoul Ela Ali, and Mohamed Hammad Abdel Hady Mohamed. The court did not provide documentation as to which particular judge presided over which exact session.
The chronology of legal proceedings below, provided mostly by Source B, reflect how the Egyptian court holds routine sessions every 15 or 45 days in which the Attorney General, as the main prosecutor, levies the same charges against Thabet, in order to prolong his detention, exceeding the maximum mandate under Egyptian law of a total of 150 days of pretrial (made up by renewals of 15-day periods by either a prosecutor or investigating judge), without sentence. Additional information regarding these laws is listed under the section, The Right to a Trial Within a Reasonable Time or to Release.
After the 150-day period, Thabet's defense attorney, Ahmed Abo El Ela Mady, issued numerous habeas corpus petitions notifying the judge that under Egyptian law, they must release Thabet. However, authorities continue to imprison Thabet.
26 September 2019
First investigation, overseen by prosecutor Mohamed Abdel Naser. Judge ordered 15 days of pretrial detention.
8 October 2019
Judge ordered renewal of Thabet's pre-trial detention by 15 days.
20 October 2019
Judge ordered renewal of Thabet's pre-trial detention by 15 days.
4 November 2019
Judge ordered renewal of Thabet's pre-trial detention by 15 days.
19 November 2019
Judge postponed the hearing. According to Source A, security presence was not possible for reasons unknown.
21 November 2019
Judge ordered renewal of Thabet's pre-trial detention by 15 days.
4 December 2019
Judge ordered renewal of Thabet's pre-trial detention by 15 days.
17 December 2019
Judge ordered renewal of Thabet's pre-trial detention by 15 days.
1 January 2020
Judge ordered renewal of Thabet's pre-trial detention by 15 days.
19 January 2020
Judge ordered renewal of Thabet's pre-trial detention by 15 days.
2 February 2020
Judge ordered renewal of Thabet's pre-trial detention by 15 days.
11 February 2020
Judge ordered renewal of Thabet's pre-trial detention by 45 days.
5 March 2020
Judge rejected the appeal and the decision was upheld by the SSSP.
24 March 2020
Judge postponed the hearing for pretrial detention to April 4th, 2020. According to Source A, police officers responsible for sending prisoners to the SSSP did not take Thabet to the session due to an unknown administrative reason.
4 April 2020
Judge postponed the hearing to April 18, 2020. According to Source A, police officers responsible for sending prisoners to the SSSP missed the session due to an unknown administration reason.
18 April 2020
Judge postponed the hearing to May 3, 2020. According to Source A, police officers responsible for sending prisoners to the SSSP missed the session due to an unknown reason.
15 June 2020
Judge ordered renewal of Thabet's pre-trial detention by 45 days.
27 July 2020
Judge ordered renewal of Thabet's pre-trial detention by 45 days.
15 September 2020
Judge ordered renewal of Thabet's pre-trial detention by 45 days.
2 November 2020
Judge ordered renewal of Thabet's pre-trial detention by 45 days.
13 December 2020
Judge ordered renewal of Thabet's pre-trial detention by 45 days.
24 January 2021
Hearing postponed; security presence not possible.
22 February 2021
Judge ordered renewal of Thabet's pre-trial detention by 45 days.
30 March 2021
Judge ordered renewal of Thabet's pre-trial detention by 45 days.
3 May 2021
Administrative postponement to June 7, 2021.
7 June 2021
Judge ordered renewal of Thabet's pre-trial detention by 45 days.
29 June 2021
Judge ordered renewal of Thabet's pre-trial detention by 45 days.
11 July 2021Jj
Judge ordered the renewal of Thabet's pre-trial detention by 45 days.
14 September 2021
Judge postponed the session for reasons unknown.
10 April 2021
Judge ordered renewal of Thabet's pre-trial detention by 45 days.
1 November 2021
Judge ordered renewal of Thabet's pre-trial detention by 45 days.
8 December 2021
Judge postponed to December 12, 2021. Security presence not available to bring Thabet to court for unknown administrative reasons.
12 December 2021
Judge ordered renewal of Thabet's pre-trial detention by 45 days.
23 January 2022
Judge ordered renewal of Thabet's pre-trial detention by 45 days.
7 March 2022
Judge ordered renewal of Thabet's pre-trial detention by 45 days.
10 April 2022
Judge ordered renewal of Thabet's pre-trial detention by 45 days.
29 May 2022
Judge ordered renewal of Thabet's pre-trial detention by 45 days.
28 June 2022
Judge ordered renewal of Thabet's pre-trial detention by 45 days.
20 August 2022
Judge ordered renewal of Thabet's pre-trial detention by 45 days.
3 October 2022
Judge ordered renewal of Thabet's pre-trial detention by 45 days.
14 November 2022
Judge ordered renewal of Thabet's pre-trial detention by 45 days.
28 December 2022
Judge ordered renewal of Thabet's pre-trial detention by 45 days.
8 February 2023
Judge ordered renewal of Thabet's pre-trial detention by 45 days.
13 March 2023
Judge ordered renewal of Thabet's pre-trial detention by 45 days.
10 April 2023
Judge ordered renewal of Thabet's pre-trial detention by 45 days.
23 May 2023
Judge ordered renewal of Thabet's pre-trial detention by 45 days.
8 July 2023
Judge ordered renewal of Thabet's pre-trial detention by 45 days.
13 August 2023
Judge ordered renewal of Thabet's pre-trial detention by 45 days.
24 September 2023
Judge ordered renewal of Thabet's pre-trial detention by 45 days.
8 November 2023
Judge ordered renewal of Thabet's pre-trial detention by 45 days.
20 December 2023
Judge ordered renewal of Thabet's pre-trial detention by 45 days.
30 January 2024
Judge ordered renewal of Thabet's pre-trial detention by 45 days.
5 March 2024
Judge ordered renewal of Thabet's pre-trial detention by 45 days.
23 April 2024
Judge ordered renewal of Thabet's pre-trial detention by 45 days.
9 June 2024
Judge ordered renewal of Thabet's pre-trial detention by 45 days.
27 July 2024
Judge ordered renewal of Thabet's pre-trial detention by 45 days. A total of 54 sessions, starting from September 26, 2019 to July 27, 2024.
29 October 2024
First trial session for Case no. 1175 of 2018, overseen by prosecutor Mohamed Abdel Naser. According to Source A, police officers responsible for sending prisoners to the SSSP did not take Thabet to the session due to a soccer match. This practice of Egyptian authorities postponing sessions because of these games is common, with reports documenting the practice in other cases.
3 November 2024
Prosecutor Mohamed Abdel Naser transferred Case No. 305 of 2022, in which they charged Thabet, to the court for hearing before a judge.
20 November 2024
Prosecutor Mohamed Abdel Naser informed Thabet that they are prosecuting him in Case No. 305 of 2022.
21 December 2024
The judge rescheduled the trial session for Case No. 1175 of 2018 to February 10, 2025. Thabet and his lawyer attended the court session.
10 February 2025
Judge Wagdy Mohamed Abdel Moneim postponed the trial of 117 defendants, including Thabet, under Case No. 1175 of 2018 to April 17, 2025 citing "witness hearings" as the reason. Thabet and his lawyer attended the court session.
15 February 2025
Thabet is scheduled to appear in court to appeal his inclusion in the so-called "terrorism list" of Case 1175 of 2018.
17 April 2025
Next court date scheduled for "witness hearings."
Abuse in Detention, Denial of Medical Care
Thabet recounted to Source A that during his first two days of detention in the local prison, prison authorities deprived him of food and denied him regular access to restroom facilities. Source A also reports Thabet told him that authorities placed him in a cramped room at Tora Prison, with only concrete floors. There were almost 40 other detainees in the room who had no place comfortably to stand or lay to sleep. Thabet shared with Source A that authorities failed to provide detainees in this cell with regular access to a toilet, and he consequently watched many detainees urinate and defecate on themselves.
Source A and others were able to visit the prison to see Thabet around one month after his initial detention, around the end of October 2019, at Tora prison, a maximum-security facility known for prisoner abuse and degrading living conditions. In his first year of visits to the detention center, Source A reports immediately noticing signs of physical and psychological abuse on Thabet.
In addition to his prolonged detention, Thabet has suffered from inhumane treatment. Source A and his family reports that he has lost over 30 kilograms since his arrest, and his existing medical conditions—including high blood pressure, kidney disease, and cataracts—have worsened due to medical neglect. Despite developing cataracts, prison authorities have denied Thabet's repeated requests for medical treatment, constituting cruel and inhumane treatment, criminalized under Article 7 of the International Covenant on Civil and Political Rights (ICCPR) and Article 129 of the Egyptian Penal Code.
This deliberate medical neglect violates both Egyptian and international legal standards. Under Egyptian law, Article 55 of the Constitution and Article 129 of the Penal Code require humane treatment for all detainees. Internationally, the ICCPR and the Nelson Mandela Rules emphasize the right to healthcare for prisoners. Thabet's case highlights the urgent need for international intervention to address medical neglect in Egyptian detention facilities.
Impact on Family and Professional Life
For the past five years and counting, Egyptian authorities have harmed the Thabet family through their arbitrary detention and inhumane treatment of Thabet. Thabet did not report incidents of direct threats and torture to Source A. However, the prison conditions to which Egyptian authorities have subjected Thabet constitute inhumane treatment. These include medical neglect and dire living conditions consisting of overcrowded jails and lack of hygiene.
Because of his years of arbitrary detention and unjust imprisonment, Thabet has been unable to attend to commitments and projects under his leading business practice. These measures negatively impact Thabet's source of income, which his family relies on for financial support. Moreover, the family business is in the livestock industry, and Thabet's farm went out of business following his detention.
Violation of Rights
The Right to Freedom and Security of Person
The Egyptian government security forces that arrested Mohamed Ahmed Hassan Thabet in September 2019 deprived him of his right to freedom and security of person, as the arrest was made without a judicial warrant and without presenting an arrest warrant.
According to Article 54 of the Egyptian Constitution:
Personal freedom is a natural right that is safeguarded and cannot be infringed upon. Except in cases of flagrante delicto, citizens may only be apprehended, searched, arrested, or have their freedoms restricted by a causal judicial warrant. All those whose freedoms have been restricted shall be immediately informed of the causes therefore, notified of their rights in writing, be allowed to immediately contact their family and lawyer, and be brought before the investigating authority within twenty-four hours of their freedoms having been restricted.
Likewise, Article 9(1) of the International Covenant on Civil and Political Rights states, "Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law." Similar legal guarantees safeguarding the right to freedom, liberty, and security of person are found in Articles 3 and 9 of the Universal Declaration of Human Rights and Article 8 of the Arab Charter on Human Rights.
This Egyptian government failed to meet any of the legal criteria set forth in the Egyptian Constitution or applicable international human rights law, as detailed below. As a result, this unlawful arrest violates Thabet's right to freedom, liberty, and security of person.
Arbitrary Detention
The Egyptian government has arbitrarily detained Thabet for much of the last five years by renewing his pretrial detention on numerous occasions despite the failure of the Public Prosecution to present credible evidence to substantiate its claims against him.
The UN Working Group on Arbitrary Detention has the mandate to "investigate cases of deprivation of liberty imposed arbitrarily or inconsistently with the international standards set forth in the Universal Declaration of Human Rights, or the international legal instruments accepted by the States concerned." The Working Group has established five categories where a deprivation of liberty is arbitrary under these standards. Category I concludes that a detention is arbitrary when, "it is clearly impossible to invoke any legal basis justifying the deprivation of liberty," while Category II concludes that a detention is arbitrary when the deprivation of liberty results from the exercises of the rights and freedoms guaranteed by numerous articles in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, provided the state is party to that treaty. Category III concludes that a detention is arbitrary when "the total or partial non-observance of the international norms relating to the right to a fair trial, spelled out in the Universal Declaration of Human Rights and in the relevant international instruments accepted by the States concerned, is of such gravity as to give the deprivation of liberty an arbitrary character."
As described in detail above, Thabet's detention is arbitrary under all three categories and constitutes a violation of international law as set forth in Article 9 of the Universal Declaration of Human Rights and Article 9 of the International Covenant on Civil and Political Rights.
The Right not to be Subjected to Enforced Disappearance
During his lengthy arbitrary detention and unjust imprisonment, security forces have forcibly disappeared Thabet for extended periods. Source A tells DAWN researchers that the Egyptian government did not provide Thabet's family with information about his whereabouts for weeks on end, particularly after Thabet's phone call from Kilo 10.5 Prison, when Source A did not have any information about Thabet's whereabouts for two weeks, until his transfer to Tora Prison. Later after transferring him to Tora, Egyptian authorities would not confirm that they imprisoned Thabet there until four weeks after his arrival there.
The Egyptian authorities' refusal to allow Thabet's family to see him during his first month of detention in Tora and their refusal to provide any information about his whereabouts during his initial arrest and imprisonment violates Article 38 of Prison Law No. 396 of 1956, which states:
Subject to the provisions of the Criminal Procedure Code, every convict has the right to correspond and make telephone calls for a fee, and his family may visit him twice a month, all under the supervision and oversight of the prison administration and in accordance with the controls and procedures specified by the internal regulations.
The authorities are also in violation of an amendment pursuant to Egyptian Law 106 of 2015 which states that prison administration shall treat visitors to prisoners humanely and ensure that they have appropriate places for waiting and visiting.
According to the UN Working Group on Enforced Disappearances, "An enforced disappearance is considered to be the arrest, detention, abduction or any other form of deprivation of liberty by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law." Enforced disappearance has three constitutive elements and violate separate provisions of a number of international treaties, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment. The Declaration on the Protection of all Persons from Enforced Disappearance and the International Convention for the Protection of All Persons from Enforced Disappearance further elaborate on this crime and its prohibition under international law based on existing treaties.
The Egyptian government's detention of Thabet and their refusal to acknowledge his whereabouts for at least four weeks while placing him outside of the protection of the legal system clearly constitutes an enforced disappearance and a violation of international law.
The Right to a Trial Within a Reasonable Time or to Release
Thabet has been in pretrial detention without charges from September 25, 2019 until July 30, 2024, when the prosecution charged and referred him to court for trial. Despite the failure of the prosecution to present any credible evidence to substantiate their claims in the charges, Thabet remains arbitrarily detained with no realistic prospect of trial or release. By denying Thabet a right to a trial within a reasonable time, Egyptian authorities have violated Egyptian and international law.
Under Article 143 of the Egyptian Criminal Procedure Law, a prosecutor has the right to renew a detainee's pretrial detention for 15 days up to five months (150 days) when the accusation is a felony crime. After the 150-day period, a prosecutor must receive judicial approval to renew a detainee's pretrial detention. A criminal court (Terrorism Circuit or regular ordinary court) assumes the responsibility for the decision to end or extend the detention—which usually lasts only a few minutes and does not allow for presenting evidence in defense—with 45 days allowed to pass between each two consecutive sessions. In total, the Code of Criminal Procedure limits the pre-trial detention period to 24 months. A judge may renew the detainee's pretrial detention for 45-day periods up to 18 months for felonies and two years for crimes that carry a penalty of death or life imprisonment. Even for the worst criminal accusations, after reaching two years of imprisonment, it is mandatory to release the detainee. Authorities, however, continue to imprison Thabet.
Further, Article 134 of the Criminal Procedure Law only permits pretrial detention in the following circumstances:
- In flagrante delicto [if the defendant was caught in the act of committing the crime].
- Fear of the escape of the defendant.
- Fear of harming the interest of the investigation, whether by influencing the victim or witnesses, or by tampering with the evidence and physical clues, or by making agreements with the rest of the perpetrators to change the truth or obscure its features.
- Preventing serious breaches of security and public order that may result from the gravity of the crime.
- However, the accused may be held in remand if he does not have a fixed permanent place of residence in Egypt, and the crime is a felony or a misdemeanor, punishable by imprisonment.
Further, Article 9(3) of the International Covenant on Civil and Political Rights states:
Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgment.
Likewise, the Principles 37 and 38 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment provide similar legal safeguards.
Egyptian authorities have failed to explain which of the five circumstances justifying pretrial detention apply to Thabet or to provide credible evidence supporting the continued renewal of his pretrial detention based on any of the five circumstances. Accordingly, the Egyptian government has violated Thabet's right to a trial within a reasonable time under Egyptian and international law.
Officials Involved in Prosecution and Detention
List of Judges Who Presided Over the Renewal Hearings:
- Mohamed El-Saeed Mohamed Abdel Aziz El-Sherbini. DAWN has documented El-Sherbini's role in other cases of abusive and unlawful detention of Egyptian citizens.
- Ghareeb Mohamed Ezzat Ghareeb Metwally
- Mahmoud Mohamed Abdel Moneim Zidan
- Mohamed Mohamed Mohamed Ammar
- Raafat Zaki Mahmoud Hussein. DAWN has documented Hussein's role in other cases of abusive and unlawful detention of Egyptian citizens.
- Ali Hassan Ibrahim Emara
- Wagdy Mohamed Abdel Moneim Mohamed Abdo
- Wael Mohamed Ali Youssef Omran
- Mohamed Nabil Shafiq Abdel Rahman
- Essam Ali Aboul Ela Ali
- Mohamed Hammad Abdel Hady Mohamed
- Moztaz Mostafa Ahmed Khafagy. DAWN has documented Khafagy's role in other cases of abusive and unlawful detention of Egyptian citizens.
- Sameh Solaiman Ibrahim Dawood
- Mohamed Yasser Fathy Abu El-Fotouh
Public Prosecution Officers
- Mohamed Abdel Naser
- Ahmed Abdelsalam Badawi
International Reactions
Beyond occasional reports on Facebook accounts in Arabic, Thabet's case has not received international media coverage. While news agencies like Reuters have covered the case of his brother and nephew, very little information can be found in public reports on Thabet. The United Nations Working Group on Arbitrary Detention has condemned the detention of Safwan and Seif Thabet, deeming it unlawful under Opinion No. 12/2023.
Call to Action
The arbitrary detention of Mohamed Ahmed Hassan Thabet is emblematic of the Egyptian government's broader repression of business owners and dissenting voices. By abusing terrorism laws, the authorities aim to silence opposition and seize the assets of successful businessmen like Thabet. His family is now calling on the international community, particularly the United Nations Working Group on Arbitrary Detention, to apply pressure on the Egyptian government for his immediate release.
The case of Thabet is a stark reminder of the broader oppression faced by those who challenge the Egyptian government or refuse to comply with its demands. It underscores the urgent need for international advocacy to uphold the rule of law and protect human rights in Egypt.
In light of Egypt's record of systematic and widespread gross violations of human rights, including the arbitrary and unjust detentions of tens of thousands of Egyptians, including Thabet, the U.S. government should cease providing military and financial assistance to Egypt, in accordance with U.S. laws prohibiting assistance to foreign governments committing human rights abuses. DAWN has put forth a number of recommendations urging the U.S. to stop funding autocracy and torture in Egypt. These recommendations include the withdrawal of U.S. security assistance to Egypt as "the continuing provision of military equipment, provided by grants from the U.S., results in U.S. complicity in gross human rights violations."
DAWN has also advocated for a halt of U.S. assistance to other abusive regimes in the region that receive U.S. military and political support, like Israel.
International states should support multilateral efforts to draw attention to the Egyptian regime's human rights abuses, including implementation of recommendations and reforms suggested by the United Nations Human Rights Council and U.N. committees responsible for implementing human rights treaties. Where appropriate, they should use the Magnitsky Act or other available legal mechanisms to sanction individual Egyptian officials responsible for abuses.
