Lawyer Khaled Ali’s 3-month ‘public indecency’ sentence upheld

The three-month sentence handed to lawyer and former presidential candidate Khaled Ali for committing an “indecent act” was upheld on Wednesday, according to lawyer Mohamed Fathy.

The sentence issued during Wednesday's appeal hearing is the same as that issued in September 2017, when the Dokki Misdemeanor Court initially found Ali guilty of “public indecency” in relation to a hand gesture which he was accused of making.

The sentence, handed to Ali by the Dokki Misdemeanor Appeals Court, is suspended for three years, meaning he will only serve the time if he is found guilty of the same offense during the probationary period, lawyer Malek Adly told Mada Masr. He added that it will not affect Ali’s ability to work.

Adly called the sentence “convenient,” as it gives Ali’s defense team the opportunity to challenge the ruling before the Court of Cassation. “This would not have been the case had he been issued a fine,” the lawyer said.

The case dates back to May 2017, when Ali was detained overnight and questioned about his use of “an indecent hand gesture” while celebrating a court ruling in his favor in the legal battle surrounding the Tiran and Sanafir island transfer agreement with Saudi Arabia, following a complaint filed by Samir Sabry, a lawyer who claims to have filed over 2,700 public interest cases in his 40-year career.

Ali vehemently denied all charges, telling the court that he believed the complaint against him was made as a result of his intention to run for the 2018 presidency.

Ali called the guilty verdict for committing a “dishonorable public act,” announced on September 25, 2017, unconstitutional, arguing that Egyptian law only stipulates against dishonorable acts regarding tax evasion.

Several months later, in November, Ali filed an appeal on the grounds that the Dokki Misdemeanor Court had failed to hear the defense’s arguments, which was accepted.

Throughout the trial, his lawyers called into question the validity of the video evidence presented in court.

Ali withdrew from the 2018 presidential race in late January, citing government violations and unfair competition. According to Adly, Wednesday’s sentence will not affect Ali’s ability to run in future elections.