Court upholds release of rights lawyer Malek Adly

The criminal court upheld the release of rights lawyer Malek Adly on Saturday after three months in detention, rejecting the prosecution’s appeal against his release, his lawyer Khaled Ali wrote in a Facebook post.

Adly was arrested from his home on May 5 and has remained in pretrial detention ever since. He is being investigated on charges relating to his vocal criticism of the maritime deal transferring sovereign control of the Tiran and Sanafir islands to Saudi Arabia signed in April.

The South Benha Criminal Court ordered Adly’s release without bail last Thursday, following his lawyers’ appeal against an attempt to extend his detention by 15 days for the eighth time on August 13. Investigations were to continue into the charges against him after his release. Despite initially informing Adly’s lawyers that they would not challenge the decision, the prosecution later filed an appeal.

The prosecution appealing the appeal is illegal according to the penal code, violating Article 167 of the Criminal Procedure Law, Ali explained in his Facebook post.

The court rejected the prosecution’s appeal on Saturday and lawyer Mohamed Eissa told Mada Masr that Adly is expected to be released from Qanater police station, and that release procedures will likely take between two and three days.

The charges against Adly include plotting to overthrow the government, joining a group aiming to obstruct the application of the law, spreading rumors to incite people against the government and deliberately spreading false news.

His family and defense team have repeatedly complained about his mistreatment while in detention. They report he has been kept solitary confinement, deprived of his legally mandated time outside of his cell, denied the right for a bed and other necessities. Nor has he been given his medications resulting in his hospitalization four times since his arrest, they say.

Several local and international organizations have demanded Adly’s release including the Brussels-based Council of Bars and Law Societies of Europe, Florence’s city council and the United Nations’ Working Group on Arbitrary Detention.