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
- 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
