Pulic Title for the case: Rafah Second Massacre 21611 year 2013 al Nozha crimes

Type: Misdemeanor

Case No. case no. 1820 year 2014 Kafr al Sheikh Department I crimes registered no. 92 year 2014 inclusive Kafr al Sheikh

Case year: 2014

Adverse: Public Prosecutor

Representation: Accusation authority

First Verdict

Date: 6-12-2014

Judges: Mohamed Sherin Fahmi

Court: Cairo Criminal Court

Department: non accessible

  1. of defendants: 35

Accusations:

First defendant: founding and leading a group founded against the provisions of law – participating through inciting and agreement with the third, fourth and fifth to commit the two crimes of attempt of murder and deliberate subversion

Second defendant: founding and leading a group founded against the provisions of law – deliberate murder – attempt of murder – acquisition of firearms not allowed to be licensed – acquisition of fire ammunitions not allowed to be licensed –  participating through inciting and agreement with the third, fourth and fifth to commit the two crimes of attempt of murder and deliberate subversion – acquisition of  crackers – espionage

Third defendant:  attempt of murder – acquisition of firearms not allowed to be licensed – acquisition of firearms without a license – acquisition of ammunitions used in the third and fourth accusations

Fourth defendant: joining a group founded  contrary to the provisions of law – deliberate subversion for public properties –  acquisition of firearms not allowed to be licensed – acquisition of firearms without a license – acquisition of ammunitions used in the fourth and fifth accusations

Fifth defendant: joining a group founded  contrary to the provisions of law – attempt of murder – deliberate subversion for public properties –  acquisition of firearms not allowed to be licensed – acquisition of firearms without a license – acquisition of ammunitions used in the fourth and fifth accusations

Defendants no. 6, 7, 8, 10, 11 and from the 13th to the 24th and from 28th to 30th:  joining a group founded  contrary to the provisions of law

Ninth defendant:  joining a group founded  contrary to the provisions of law – acquisition of white weapon without a license

Twelfth defendant:  joining a group founded  contrary to the provisions of law – providing a group founded contrary to the provisions of law with financial and moral support

25th:  joining a group founded  contrary to the provisions of law –  deliberate murder – attempt of murder – acquisition of firearms not allowed to be licensed – acquisition of fire ammunitions not allowed to be licensed

26th: joining a group founded  contrary to the provisions of law – deliberate murder – attempt of murder – acquisition of firearms not allowed to be licensed – acquisition of fire ammunitions not allowed to be licensed

27th: joining a group founded  contrary to the provisions of law – deliberate murder – attempt of murder – acquisition of firearms not allowed to be licensed – acquisition of fire ammunitions not allowed to be licensed

31st: joining a group founded  contrary to the provisions of law – knowledge of committing a crime and helping criminals to escape and hiding evidence

32nd: joining a group founded  contrary to the provisions of law – acquisition of crackers – attempting of assaulting a person responsible for executing verdicts of Terrosit crimes department in the Penal Code – attempting to use crackers

33rd: joining a group founded  contrary to the provisions of law – acquisition of crackers – attempting of assaulting a person responsible for executing verdicts of Terrosit crimes department in the Penal Code – attempting to use crackers

34th: joining a group founded  contrary to the provisions of law – providing a group founded contrary to the provisions of law with financial and moral support

35th: providing a group founded contrary to the provisions of law with financial and moral support – joining a terrorist group abroad and receiving armed training – participating through inciting and agreement and aiding with the second defendant in the crime of espionage

S Name Attending – in absentia
  1. Mahmoud Mohamed Maghawri Mohamed Known as Abo Soleiman al Masri In absentia
  2. Adel Mohamed Ibrahim Mohamed known as Adel Habbara Attending
  3. Ashraf Mahmoud Abo Taleb Mahmoud Youssef In absentia
  4. Sabri Mohamed Mohamed Ibrahim Mahgoub Attending
  5. Belal Mohamed Ibrahim Nassrallah Attending
  6. Ahmed Said Atia Ahmed Attending
  7. Ahmed Maamoun Mohamed Soleiman Attending
  8. Mahmoud Said Atia Ahmed Attending
  9. Sameh Lotfi al Sayed Mohamed Ata In absentia
10. Mohamed Mohamed Ahmed Ali Basha In absentia
11. Abdul Hamid Mohamed al Shabrawi Tantawi Attending
12. Mohamed Ibrahim Said Mohamed Ahmed known as Abo Thar Attending
13. Ibrahim Mohamed Youssef Ibrahim Attending
14. Mohamed Salah Mohamed Khalil In absentia
15. Mostafa Abdul Monem Mostafa Habib In absentia
16. Mohamed Sabri Bahnassawi Attending
17. Al Sayed Hamed Mostafa In absentia
18. Ahmed Mohamed Abdullah Ahmed known as Ahmed al Masry Attending
19. Mohamed Okasha Mohamed Ali Attending
20. Reda Ahmed Mohamed Mohamed Atia known as Reda al Awwa Attending
21. Mohamed Mohamed Naguib Ibrahim Youssef Attending
22. Mohamed Ibrahim Abdullah Assaker Attending
23. Mostafa Gharib Mostafa Ibrahim In absentia
24. Mohamed Abdul Rahman Abdul Moati Mohamed Mohamed Soleiman known as Mohamed Abbouda Attending
25. Abo Abdullah Al Maqdessi known as Abo Sohaib (Palestinian) In absentia
26. Nasser Ayyad Mohamed Ali Geheini In absentia
27. Abdul Hadi Zayed Awwad Zayed known as Abo Walaa In absentia
28. Youssef Mohamed Selim Salem al Sawarka In absentia
29. Farag Gamal Mohamed Hassan In absentia
30. Mostafa Huseein Mohamed Selim In absentia
31. Ossama Mohamed Abdul Samie Khalil al Shorbagi In absentia
32. Ahmed Mosbeh Soleiman Mosbeh Abo Haraz Attending
33. Ali Mosbeh Soleiman Mosbeh Abo Haraz Attending
34. Ismail Ibrahim Abdul Qader Ibrahim Attending
35. Amr Zakaria Shouq Shata In absentia

First Verdict:

The court ruled:

First: in the criminal suit

1- In unanimous opinion of the members of the Chamber, in front of the second accused of the death penalty for the charges of the leadership of the group and the murder associated with the crime of attempted murder of others and the acquisition of firearms and ammunition and possession of explosives and communication with those working for the benefit of a terrorist group outside the country, and sentenced in absentia to the first, The twenty-sixth, twenty-seventh and thirty-fifth sessions of the death penalty.

2- punishing the 12, 32, and 33 with life sentence

3- acquittal of the defendants no. 16, 20 and 26

4- punishing the rest of the defendants with aggravated imprisonment for 15 years for charges of joining a group founded contrary to the provisions of law

5- punishing the ninth defendant with aggravated imprisonment of 15 years for charges of acquisition white weapons without license

6- the acquittal of the second defendant from the charge of participating through inciting and agreement to commit the two crimes of attempt of murder and deliberate subversion

7- The acquittal of the defendants no. 4 and 5 from the charges of attempt of murder and deliberate subversion and acquisition firearms and fire ammunitions

8- the acquittal of the defendant no. 34 from the charge of providing the group with financial and moral aids

9- the confiscation of explosives, weapons and mobiles seized

Second: in the civil suit

1- obliging the second defendant to deliver the civil prosecutors Afaf Mohamed Ashri, Aziza Samir Moawad and Hassan Moawad Hassan, heirs of Moawad Hassan an amount of 10 thousands and one L.E. as a temporary civil compensation

2- the non competence of the court to consider the civil suit filed by the lawyer Essam Qandil

First Cassation Verdict

Date: 13-6-2015

Judges: President – Mohamed Eid Salem

Members – Othman Metwalli, Nabil Omran, Ahmed al Kholi and Mohamed Abdul Halim

Court: Cassation Court

Department: Criminal (Saturday f)

  1. of defendants: 16
S Name Attending – in absentia
.1 Adel Mohamed Ibrahim Mohamed known as Adel Habbara Attending
.2 Sabri Mohamed Mohamed Ibrahim Mahgoub Attending
.3 Belal Mohamed Ibrahim Nassrallah Attending
.4 Ahmed Said Atia Ahmed Attending
.5 Ahmed Maamoun Mohamed Soleiman Attending
.6 Mahmoud Said Atia Ahmed Attending
.7 Abdul Hamid Mohamed al Shabrawi Tantawi Attending
.8 Mohamed Ibrahim Said Mohamed Ahmed known as Abo Thar Attending
.9 Ibrahim Mohamed Youssef Ibrahim Attending
.10 Ahmed Mohamed Abdullah Ahmed known as Ahmed al Masry Attending
.11 Mohamed Okasha Mohamed Ali Attending
.12 Mohamed Mohamed Naguib Ibrahim Youssef Attending
.13 Mohamed Ibrahim Abdullah Assaker Attending
.14 Ahmed Mosbeh Soleiman Mosbeh Abo Haraz Attending
.15 Ali Mosbeh Soleiman Mosbeh Abo Haraz Attending
.16 Ismail Ibrahim Abdul Qader Ibrahim Attending

Verdict Text:

the court ruled:

First: acceptance of the public prosecution performance to the case and the appeal of the convicted in form

Second: Concerning the subject to revoke of the verdict and the referral of the case to the Cairo Appealing Court to repeat the trial in a new chamber

Retrial Verdict

Date: 1-10-2015

Judges: Non accessible

Court: Non accessible

Department: Non accessible

  1. of defendants: 35
S Name Attending – in absentia
  1. Mahmoud Mohamed Maghawri Mohamed Known as Abo Soleiman al Masri In absentia
  2. Adel Mohamed Ibrahim Mohamed known as Adel Habbara Attending
  3. Ashraf Mahmoud Abo Taleb Mahmoud Youssef In absentia
  4. Sabri Mohamed Mohamed Ibrahim Mahgoub Attending
  5. Belal Mohamed Ibrahim Nassrallah Attending
  6. Ahmed Said Atia Ahmed Attending
  7. Ahmed Maamoun Mohamed Soleiman Attending
  8. Mahmoud Said Atia Ahmed Attending
  9. Sameh Lotfi al Sayed Mohamed Ata In absentia
10. Mohamed Mohamed Ahmed Ali Basha In absentia
11. Abdul Hamid Mohamed al Shabrawi Tantawi Attending
12. Mohamed Ibrahim Said Mohamed Ahmed known as Abo Thar Attending
13. Ibrahim Mohamed Youssef Ibrahim Attending
14. Mohamed Salah Mohamed Khalil In absentia
15. Mostafa Abdul Monem Mostafa Habib In absentia
16. Mohamed Sabri Bahnassawi Attending
17. Al Sayed Hamed Mostafa In absentia
18. Ahmed Mohamed Abdullah Ahmed known as Ahmed al Masry Attending
19. Mohamed Okasha Mohamed Ali Attending
20. Reda Ahmed Mohamed Mohamed Atia known as Reda al Awwa Attending
21. Mohamed Mohamed Naguib Ibrahim Youssef Attending
22. Mohamed Ibrahim Abdullah Assaker Attending
23. Mostafa Gharib Mostafa Ibrahim In absentia
24. Mohamed Abdul Rahman Abdul Moati Mohamed Mohamed Soleiman known as Mohamed Abbouda Attending
25. Abo Abdullah Al Maqdessi known as Abo Sohaib (Palestinian) In absentia
26. Nasser Ayyad Mohamed Ali Geheini In absentia
27. Abdul Hadi Zayed Awwad Zayed known as Abo Walaa In absentia
28. Youssef Mohamed Selim Salem al Sawarka In absentia
29. Farag Gamal Mohamed Hassan In absentia
30. Mostafa Huseein Mohamed Selim In absentia
31. Ossama Mohamed Abdul Samie Khalil al Shorbagi In absentia
32. Ahmed Mosbeh Soleiman Mosbeh Abo Haraz Attending
33. Ali Mosbeh Soleiman Mosbeh Abo Haraz Attending
34. Ismail Ibrahim Abdul Qader Ibrahim Attending
35. Amr Zakaria Shouq Shata In absentia

Verdict Text:

First: the criminal suit:

The court ruled in front of the second, fourth, eighth, eleventh, thirteenth, sixteenth, eighteenth, twenty-second, twenty-fourth, thirty-second, thirty-fourth and thirty-fourth absentees.

First: In consensus of the members of the Chamber to punish each of the accused: the first, second, third and twenty-fifth to twenty-seventh and thirty-fifth with death penalty by hanging for the charges they are accused of .

Second: to punish each of the twelfth, thirty-second and thirty-third defendants with life imprisonment for the charges they are accused of.

Third: to punish the rest of the defendants for 15 years imprisonment for the charges they are accused of and the confiscation of bombs, knife and seized mobile phones.

Fourthly: the acquittal of each of the sixteen, twenty and twenty-four from the charges they are accused of.

Fifth: The acquittal of each of the first accused until the fifth and thirty-fourth from the charges in the articles: third, fourth, sixth and seventh.

Second: in the civil suit:

1- obliging the second defendant to deliver to the civil prosecutors an amount of 10 thousands and one a a temporary compensation

2- rejecting the civil suit filed by the lawyer Essam Qandil

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Second Cassation Verdict

Date: 10-12-2016

Judges: President – Mohamed Mahmoud Mahamid

Members – Ali Soleiman, Mahmoud Abdul Hafiz, Ahmed Abdul Wadoud and Khaled al Guindi

Court: Cassation Court

Department: Criminal (Saturday b)

  1. of defendants: 16
S Name Attending – in absentia
.1 Adel Mohamed Ibrahim Mohamed known as Adel Habbara Attending
.2 Sabri Mohamed Mohamed Ibrahim Mahgoub Attending
.3 Belal Mohamed Ibrahim Nassrallah Attending
.4 Ahmed Said Atia Ahmed Attending
.5 Ahmed Maamoun Mohamed Soleiman Attending
.6 Mahmoud Said Atia Ahmed Attending
.7 Abdul Hamid Mohamed al Shabrawi Tantawi Attending
.8 Mohamed Ibrahim Said Mohamed Ahmed known as Abo Thar Attending
.9 Ibrahim Mohamed Youssef Ibrahim Attending
.10 Ahmed Mohamed Abdullah Ahmed known as Ahmed al Masry Attending
.11 Mohamed Okasha Mohamed Ali Attending
.12 Mohamed Mohamed Naguib Ibrahim Youssef Attending
.13 Mohamed Ibrahim Abdullah Assaker Attending
.14 Ahmed Mosbeh Soleiman Mosbeh Abo Haraz Attending
.15 Ali Mosbeh Soleiman Mosbeh Abo Haraz Attending
.16 Ismail Ibrahim Abdul Qader Ibrahim Attending

Verdict Text:

the court ruled:

First: the rejection of the appeal filed by Adel Mohamed Ibrahim Mohamed known as Adel Habbara and Ahmed Mosbeh Soleiman Mosbeh Abo Harraz and Ali Mosbeh Soleiman Mosbeh Abo Harraz and Ismail Ibrahim Abdul Qader Ibrahim in form

Second:

Acceptance of the appeal filed by Mohamed Ibrahim Said known as Abo Thar, Sabri Mohamed Ibrahim Mahgoub, Belal Mohamed Ibrahim Nassrallah, Ahmed Said Atia Ahmed, Ahmed Mamoun Mohamed Soleiman, Mahmoud Said Atia Ahmed, Abdul Hamid Mohamed al Shabrawi Tantawi, Ibrahim Mohamed Youssef Ibrahim, Ahmed Mohamed Abdullah known as Ahmed al Masry and Mohamed Okasha Mohamed Ali, Mohamed Mohamed Naguib Ibrahim Youssef, Mohamed Ibrahim Abdullah Assaker in form and rejecting it in subjet

Third: acceptance of the performance of the public prosecution and asserting the verdict issued to hang Ahdel Mohamed Ibrahim known as Adel Habbara