El Nadeem Center against Violence and Torture

From inside the prison, a formal complaint against the Minister of Interior and the Director of Agouza Police Station

More than ten court rulings for release, yet Mohamed Abd El Rahim Mohamed Al Sharkawy remains detained

Tomorrow the 28 of October 2009 at 2:00PM Mr. Ziad Al Alimi and a number of activists from Al Nadeem centre will go to the office of the Public Prosecutor of Cairo to present an official complaint against the Minister of Interior and the Director of Agouza Police Station.

Mr. Mohamed Abd Al Rahim Mohamed Al Sharkawy has been detained for over 14 years, without being charged with or tried for any crime. The Ministry of Interior renews the decision for detention, as soon as every previous decision has been overturned by the courts, without giving a reason.

Al Sharkawy has petitioned the court for release during the course of his 14 year detention, the court grants his release, which leads to the Ministry of Interior objecting and the court rejects the objection. The Ministry of Interior then proceeds to make a new order of detention. Al Sharkawy has to go through the initial thirty day period once more where he is not allowed to make any legal claims.

The last judicial ruling for Al Sharkawy’s release was on the 7 of November 2008. The Ministry of Interior refused this decision. Nevertheless, the court of North Cairo decided on 15/12/2008 to support the decision of release. Mr Al Sharkawy however, remains in detention (El Wadi El Gedeed prison) after the Minister of Interior used his influence to stop the execution of the court decision.

This time Mr Al Sharkawy decided to resort to other means for justice from the abuse of the Ministry of Interior. He made an official complaint against the Minister of Interior on the 8/06/2009, and a hearing was set for the 23/08/2009 and a notice was sent to the Minister of Interior requiring him to attend the hearing. The notice was sent back because the name on the notice was Mohamed Habib El Adly and the correct name is Habib Ibrahim El Adly.

After the correction, on the 16/08/2009 the Public Prosecutor of Agouza decided the date of a new session for the 08/10/2009. On the 23/08/2009 the Minister of Interior received notice to appear in the misdemeanors Court of Agouza, for the use of the authority of his job to stop the implementation of a judicial ruling.

Mr. Ziad Al Alimi, Mr Shakawy’s attorney, attempted more than once to submit the official notice, implementing the decision of the Prosecutor. However, the Director of the Police Station continues to refuse its receipt, which means his refusal of the Prosecutor’s decision.

This has left Al Sharkawy with no option but serving him with the notice using a process server on 27/09/2009. The Director however, insisted on refraining from receiving the papers.

Mr. Mohamed Abd Al Rahim Al Sharkawy and his attorney resorted to going to the Public Prosecutor asking him to investigate why both the Minister of Interior and the Director of Agouza Police Station are refusing to implement the law and using the authority of their jobs to prevent the implementation of judicial rulings and the decision of the Prosecutor. This is considered a crime under Article 123 of the “Law on Punishment”.
Will the Public Prosecutor respond to the complaint and order the implementation of the letter of the law?

Related post