This legal memorandum was presented in case number 1110/ 2012 Qasr El Nil Criminal Court registered with number 10 / 2012 Central Cairo part of the “Foreign funding case” is a public opinion case that national and international NGOs that mainly work in the field of human rights in Egypt. The second part of this case, referred to as Case No. 173 (2011), which involves a number of Egyptian NGOs, rights workers, and lawyers, was never closed remained dormant until 2016.
Two years later, the court ordered the closure of several international NGOs and handed down sentences to the defendants on charges of operating illegally in the country.
On occasion of the investigation procedures in this case many travel ban decisions, asset freezes as well as the interrogation of NGO staff by investigative judges have been taken from 2011 against a certain group and then pursued again in 2016 against the rest. The latest asset freeze decision taken was against women’s rights lawyer Azza Soliman, founder of the Centre for Egyptian Women’s Legal Assistance (CEWLA) on November 2016.
This defense memorandum was presented by United Group on behalf of Al Sherif Mansour, Mohamed Abdul Aziz Saeed, Nancy Okail, Bassem Fathy and Magdy Mostafa. This memorandum was submitted on December 2nd 2011 before the 9th Chamber of the South Cairo Criminal Court.
The charges are managing the branch of an international organization in Egypt (Freedom House) with the necessary authorization from the Egyptian government and receive illegal foreign funding through direct transfer to their personal bank accounts. These actions were considered as a breach of articles 39, 40, 41, 43, 44, 98- c (1), 98- d (1) and 98-e of the Egyptian Penal Code.
The memorandum discusses the as following into 9 sections: the defense request not to accept the civil lawsuit, the nullity of the investigation and the referral to court that were conducted by the investigative judge Sameh Abou Zied, the international treaties, the international NGOs, the necessity of a timeframe for the accusation decision, the charges in general and the evidences presented by the judges in general.Download the Arabic version