21 May 2010

Egypt: Ahmed Abdellah acquitted yet administratively detained since November 2008

The Egyptian Intelligence services arrested Ahmed Abdallah on 3 June 2008 and took him to the local police station where he was charged with drug trafficking. He eventually appeared in court and was acquitted, but held back on administrative orders despite two court decisions to annul his case. To date he has not been released.

Alkarama sent his case to the Working Group on Arbitrary Detention asking for its intervention with the Egyptian authorities in order that the court decisions be respect and that Ahmed Abdallah be released.

Mohamed Ahmed Taha Abdellah is a 20 year-old carpenter from Shebeen Al-Kanater, in Al-Qalioubiya governorate. On 3 June he was arrested without a warrant by plainclothed intelligence officers at his home in Shebeen Al-Kanater. The officers then performed an illegal and warrantless search of his home, before taking Ahmed Abdellah to the Shebeen El Kanater police station where he was charged with drug trafficking. On 5 June 2008, he was presented before Banha Criminal Court who ordered his "provisional detention".

Ahmed Abdallah then spent nearly five months in provisional detention until 25 October 2008 when he was once again presented before Banha Criminal Court who acquitted him of the charge and ordered his release. Ahmed Abdellah was allegedly accused of drug trafficking by an informant after a verbal dispute.

Instead of being freed, Ahmed Abdellah was taken back into a police station in Shobra Al-Khayma by the police officer who had initially illegally arrested him. Two weeks later, on 8 November 2008, Ahmed Abdallah called his father to tell him that the arresting officer had obtained an administrative decision from Minister of the Interior to prolong his detention. He was then eventually transferred to Burj Al-Arab Prison, where he is currently detained.

The victim's father lodged an appeal at the Cairo Criminal Court, to challenge the detention order issued by the court on two consecutive occasions; in order that it order be annulled, that the Banha Criminal Court's decision be upheld and Ahmed Abdellah be released.

Since his release was announced and following the initial administrative decision, Ahmed Abdellah has never appeared before a judge, nor has he been subject to any legal proceedings.

Ahmed Abdellah detention is clearly arbitrarily, since the court ordered his release and now he is being detained under administrative detention. He has no access to a lawyer and is unable to challenge the legality of his detention. The Egyptian authorities are acting in violation of both domestic and international law, particularly with regard to Article 14 of International Covenant on Civil and Political Rights.