Moaz al-Sharqawy brought before prosecution after 23 days of forced disappearance

Twenty-three days after his arrest, the whereabouts of Moaz al-Sharqawy were finally made clear on Saturday, when the former student activist with ties to the Strong Egypt Party was brought before the State Security Prosecution in New Cairo.

Sharqawy, who was arrested from his home on May 11, was ordered to be detained for 15 days pending investigation into charges of “joining and financing a terrorist group,” according to the Egyptian Initiative for Personal Rights, which is representing Sharqawy. 

During Saturday’s hearing, Sharqawy told investigators that he had been taken to an unknown location after his arrest on May 11 by National Security Agency officers. During the first few days of his detention, he was assaulted by people he could not identify due to the fact that he was blindfolded.

According to EIPR, Sharqawy is being detained in the notorious Badr 3 prison, which over the past months has witnessed numerous violations of inmates' rights without intervention by the Public Prosecution, which is legally responsible for supervising prisons.

Sharqawy was sentenced in May 2022 in a trial he participated in through a legal representative to 10 years in prison by an emergency state security criminal court, alongside 24 high-profile defendants, including former presidential candidate and Strong Egypt Party leader Abdel Moneim Abouel Fotouh and deputy leader Mohamed al-Qassas.

Rulings issued by emergency courts are not subject to a normal appeals process, as they are referred to the military ruler — “the President of the Republic or whoever he commissions — to be ratified.” Once ratified, a ruling becomes final and may not be appealed. The only recourse is to submit a grievance to the military ruler.

However, according to EIPR, Sharqawy’s sentence has yet to be ratified and therefore is not final and cannot be implemented.

EIPR submitted a complaint to the Public Prosecutor in recent days as Sharqawy’s legal representative, detailing violations of his constitutional rights and the provisions of the terrorism law during his disappearance.

The 2015 terrorism law grants anyone who is detained under charges outlined in the law the right to a lawyer or communication with “whoever he deems appropriate,” detention in a place designated by law, provision of a public defender, and the right to appeal the decision before a court, which, if not granted, should ensure the immediate release of the detained person.

In its complaint, EIPR stated that the National Security Agency and the Supreme State Security Prosecution violated these provisions.

Sharqawy has spent significant time in remand detention since 2018 due to his prior leadership position in the Tanta University Student Union. He was detained in September 2018 at a police checkpoint while working as a tour operator, was forcibly disappeared for 24 days, during which time he was tortured, and was held in remand detention for a year and a half before being released in 2020.

Sharqawy’s arrest came eight days after the National Dialogue, which President Abdel Fatah al-Sisi had called for during the final days of Ramadan in 2022, finally kicked off. The bulk of the year-long delay came down to discussions over who should be invited and opposition figures’ demands for the release of political prisoners. In the days leading up to the launch, National Dialogue General Coordinator Diaa Rashwan addressed the issue of remand detention, saying that the dialogue is aiming for a speedier release of more political prisoners and changes to the remand detention provisions.