Pulic Title for the case: Hosni Mubarak and Habib al Adly and his assistants in Murdering demonstrators case

Type: Felony

Case no.: 3642 and 1227 year 2011 Kasr al Nile Department registered no, 157 and 57  year 2011 inclusive central Cairo

Case Year: 2011

Adverse: Public Prosecution

Representation: Accusation authority

First Verdict

Date: 2-6-2012

Judges: President – Ahmed Refaat

Members – Mohamed Assem and Hani Borham

Court: Cairo Criminal Court

Department: non accessible

  1. of defendants: 11

Accusations:

First defendant: (participating through agreement with other to commit the crime of murdering the demonstrators deliberately joint with other crimes (murder – attempt to kill) – as the President of the Republic accepted and allowed himself and his sons to use the authority of his job – participated through agreement and assistant with a public employee to acquire for others, without a legal right, a profit from a task of  his job – participated through agreement and assistant with a public employee to cause a damage to the finances of the body he works for)

Second defendant; (providing a grant to a public employee to use authority to acquire for him from a public authority some decisions)

Third and Fourth defendant: Accepted and took a grant to use the real authority of a public employee to acquire decisions from his job for its reasosns)

From the fifth to the eighth defendants: participating through inciting and assistant with public employees to commit the crime of murder joint with other crimes (murder – attempt of murder)

Ninth defendant: participating through inciting and assistant with public employees to commit the crime of murder joint with other crimes (murder and attempt to kill)

fifth and from the seventh to the last: causing a great damage through a mistake

S Names Verdict Attending – in absentia
                         1. Mohamed Hosni al Sayed Mubarak Life sentence in the first accusation – Termination of the lawsuit for the expiry date of the case in the second accusation  – acquittal from the third and fourth accusations Attending
                         2. Hussein Kamal Al Din Ibrahim Salem Termination of the lawsuit for the expiry date of the case In absentia
                         3. Alaa Mohamed Hosni al Sayed Mubarak Termination of the lawsuit for the expiry date of the case Attending
                         4. Gamal Mohamed Hosni al Sayed Mubarak Termination of the lawsuit for the expiry date of the case Attending
                         5. Habib Ibrahim Habib al Adly Life sentence Attending
                         6. Ahmed Mohamed Ramzi Abdul Rashid Acquittal Attending
                         7. Adly Mostafa Abdul Rahman Fayed Acquittal Attending
                         8. Hassan Mohamed Abdul Rahman Youssef Acquittal Attending
                         9. Ismail Mohamed Abdul Gawwad Al Shaeir Acquittal Attending
                      10. Ossama Youssef Ismail Al Marassi Acquittal Attending
                      11. Omar Abdul Aziz Faramawi Afifi Acquittal Attending

Verdict Text:

The court ruled in attendance of all defendants except the  second:

First: To punish Mohamed Hosni Al Sayed Mubarak with life sentence for the first accusation of participating in murder crimes joint with other crimes murder and killing attempt

Second: To punish Habib Ibrahim Habib al Adly with life sentence for the first accusation of participating in murder crimes joint with other crimes murder and killing attempt

Third: To oblige the defendant Mohamed Hosni al Sayed Mubara and the defendant Habib Ibrahim Habib al Adly to pay the criminal expenses

Fourth: to confiscate the submitted seizures subject of the trial

Fifth: the acquittal of each of the following defendants: Ahmed Mohamed Ramzi Abdul Rashid – Adly Mostafa Abdul Rahman Fayed – Hassan Mohaed Abdul Rahman Youssef – Ismail Mohamed Abdul Gawwad al Shaeir – Ossama Youssef Ismail al Marassi – Omar Abdel Aziz Faramawi Afifi from all accusations

Sixth: the termination of the lawsuit submitted against each of the following defendants: Mohamed Hosni al Sayed Mubarak – Hussein Kamal al Din Ibrahim Salem – Alaa Mohamed Hosni al Sayed  Mubarak – Gamal Mohamed Hosni al Sayed Mubarak concerning the usage of authority and granting and the misdemeanor of accepting it for the case is expired

Seventh: The acquittal of Mohamed Hosni al Sayed Mubarak from the accusation of participating with a public employee to acquire for others, without a legal right, a profit from a task of his job and the crime of participating with a public employee to cause a damage in the interests and finances of the body he works for

Eighth: the referral of the civil suit to the competent civil court without expenses

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First Cassation Verdict

Date: 13-1-2013

Judges: President – Ahmed Ali Abdul Rahman

Members – Al Said Barghouth – Mohamed Abdul Aal – Tawfiq Selim – Ashraf Mohamed Mossad

Court: Cassation

Department: criminal

No. of defendants: 11

Notes: two appeals were submitted from Hosni Mubarak and Habib al Adly and an appeal submitted by the public prosecution against the  verdict of the termination of the criminal suit and the acquittal of all defendants

 

S Names Verdict Attending – in absentia
1 Mohamed Hosni al Sayed Mubarak Acceptance and retrial Attending
2 Hussein Kamal Al Din Ibrahim Salem Acceptance and retrial In absentia
3 Alaa Mohamed Hosni al Sayed Mubarak Acceptance and retrial Attending
4 Gamal Mohamed Hosni al Sayed Mubarak Acceptance and retrial Attending
5 Habib Ibrahim Habib al Adly Acceptance and retrial Attending
6 Ahmed Mohamed Ramzi Abdul Rashid Acceptance and retrial Attending
7 Adly Mostafa Abdul Rahman Fayed Acceptance and retrial Attending
8 Hassan Mohamed Abdul Rahman Youssef Acceptance and retrial Attending
9 Ismail Mohamed Abdul Gawwad Al Shaeir Acceptance and retrial Attending
10 Ossama Youssef Ismail Al Marassi Acceptance and retrial Attending
11 Omar Abdul Aziz Faramawi Afifi Acceptance and retrial Attending

Verdict Text:

The court ruled

First: to accept the appeal submitted by the public prosecution against the appealed against in form and in subject the suspension of the appealed verdict and the repeat of the trial after referral to the Cairo criminal court in a different department

Second: to accept the appeal submitted by the appellants in form and in subject to the suspension of the verdict appealed against and the referral of the case to the Cairo criminal court for retrial in a different department

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Retrial Verdict:

Date: 29-11-2014

Judges: President – Mahmoud Kamel Al Rashidi

Members – Ismail Awad Ismail – Wagdi Mohamed Abdul Monem

Court: Cairo Criminal Court

Department: Second

No. of defendants; 11

 

S Names Verdict Attending – in absentia
1 Mohamed Hosni al Sayed Mubarak The non possibility to consider the suit Attending
2 Hussein Kamal Al Din Ibrahim Salem Termination of the lawsuit for the expiry date of the case In absentia
3 Alaa Mohamed Hosni al Sayed Mubarak Termination of the lawsuit for the expiry date of the case Attending
4 Gamal Mohamed Hosni al Sayed Mubarak Termination of the lawsuit for the expiry date of the case Attending
5 Habib Ibrahim Habib al Adly Acquittal Attending
6 Ahmed Mohamed Ramzi Abdul Rashid Acquittal Attending
7 Adly Mostafa Abdul Rahman Fayed Acquittal Attending
8 Hassan Mohamed Abdul Rahman Youssef Acquittal Attending
9 Ismail Mohamed Abdul Gawwad Al Shaeir Acquittal Attending
10 Ossama Youssef Ismail Al Marassi Acquittal Attending
11 Omar Abdul Aziz Faramawi Afifi Acquittal Attending

 

Verdict Text:

The court ruled in the attendance of all defendants except the second

First: a- the acquittal of Habib Ibrahim Habib al Adly – Ahmed Mohamed Ramzi Abdul Rashid – Adly Mostafa Abdul Rahman Fayed – Hassan Mohamed Abdul Rahman Youssef – Ismail Mohamed Abdul Gawwad al Shaeir from the accusation of participating in murder joint with deliberate murder and killing attempt

b- the acquittal of Habib Ibrahim Habib al Adly – Ahmed Mohamed Ramzi Abdul Rashid – Adly Mostafa Abdul Rahman Fayed – Hassan Mohamed Abdul Rahman Youssef – Ismail Mohamed Abdul Gawwad al Shaeir from the accusation of causing a big damage in the finances and interests of the body they work for through mistake and neglect

Second: a- the non possibility to consider the criminal suit submitted against Mohamed Hosni Mubara concerning the participation of murder joint with deliberate murder and killing attempts for the issuance of an included order that there is no side of submitting criminal suit against him by the public prosecution

b- the termination of the criminal suit for the expiry of the criminal period submitted against Mohamed Hosni Mubara, Mohamed Hussein Salem, Alaa Mubara and Gamal Mubarak concerning the second defendant granting 5 villas to the first and his sons and their acceptance with the knowledge of the reason using the first defendant’s authority as a president of the Republic on the governor of South Sinai

c- The acquittal of Mohamed Hosni al Sayed Mubarak from the accusation of participating with a public employee to acquire for others, without a legal right, a profit from a task of his job and the crime of participating with a public employee to cause a damage in the interests and finances of the body he works for

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First Cassation Verdict

Date: 2-3-2017

Judges: President – Ahmed Abdul Qawi

Members – Mohamed Abdul Latif – Nafie Farghali – Nagah Moussa – Kamal Qorani – Mohamed Kheir – Mohamed Taher – Hani Fahmi – Ahmed Al Badri – Ahmed Qazamel

Court: Cassation

Department: criminal Thursday b

No. of defendants: 11

Notes: The cassation court ruled in 4-6-2015 to cancel the verdict issued in 29-11-2014 from Cairo Criminal Court of the non possibility to consider the criminal suit against Mohamed Hosni Mubarak concerning accusing him through agreement with other to commit murder joint with deliberate murder and killing attempt and the court decided to consider the subject, the verdict included a support to all verdict issued for the acquittal of all other defendants

 

S Names Verdict Attending – in absentia
1 Mohamed Hosni al Sayed Mubarak Acquittal Attending
2 Hussein Kamal Al Din Ibrahim Salem Supporting verdict In absentia
3 Alaa Mohamed Hosni al Sayed Mubarak Supporting verdict Attending
4 Gamal Mohamed Hosni al Sayed Mubarak Supporting verdict Attending
5 Habib Ibrahim Habib al Adly Supporting verdict Attending
6 Ahmed Mohamed Ramzi Abdul Rashid Supporting verdict Attending
7 Adly Mostafa Abdul Rahman Fayed Supporting verdict Attending
8 Hassan Mohamed Abdul Rahman Youssef Supporting verdict Attending
9 Ismail Mohamed Abdul Gawwad Al Shaeir Supporting verdict Attending
10 Ossama Youssef Ismail Al Marassi Supporting verdict Attending
11 Omar Abdul Aziz Faramawi Afifi Supporting verdict Attending

 

Verdict Text:

The court ruled of the acquittal of the defendant of Mohamed Hosni Mubarak and the rejection of the civilsuit