Alaa Abdel Fattah, a symbol of resistance, must be released on time

For many in Egypt and elsewhere in the region, Abdel Fattah has become a symbol of resistance against authoritarianism

Originally published on Global Voices

News shared by prominent Egyptian activist Alaa Abdel Fattah's lawyer that the Egyptian authorities do not plan to release his client until January 2027, has sparked outrage. Abdel Fattah, who has become one of the most well-known political prisoners in Egypt, has spent much of the last decade behind bars, serving multiple sentences for his role in pro-democracy protests and advocacy for free speech.

Human rights lawyer Khaled Ali stated that his client, activist Alaa Abdel Fattah, “is being subjected to abuse, oppression, and manipulation of legal texts.” His family is calling for his release upon the completion of his prison term on September 29, but the prosecution has not counted the two years he spent in pretrial detention. 

Ali tweeted: 

علاء يوم ٢٩ سبتمبر ٢٠١٩، يكون كمل ٥ سنوات فى السجن لأن قبض عليه يوم ٢٨ سبتمبر ٢٠١٩.

الحكم الصادر ضد علاء قضى عليه بالحبس خمس سنوات

علاء عندما قبض عليها وجهت له النيابة عدة تهم منها ما يعد من الجنايات ومنها ما يعد من الجنح

فى ٢٠٢١ تم سلخ الجنح من التحقيقات وتقديمه للمحاكمة أمام… pic.twitter.com/2dfAWMQjvj

— Khaled Ali (@Khaledali251) September 26, 2024

Alaa on September 29, 2019, will have completed five years in prison because he was arrested on September 28, 2019.
The verdict against Alaa sentenced him to five years in prison.
When Alaa was arrested, the prosecution charged him with several charges, some of which are considered felonies and some are considered misdemeanors.
In 2021, the misdemeanors were removed from the investigations and he was brought to trial before the Misdemeanor Court, which sentenced him to five years. As for the felony investigations, they have not yet been dealt with. Since 2021, the Public Prosecution has not summoned him to any investigation session, and the Public Prosecution has not confronted him with anything during this period.
For five years, no other referral order has been issued against him.
Alaa has not been convicted of any other crime.

Indefinite detention

Abdel Fattah, a software developer, writer, and activist, was most recently arrested in September 2019 during a wave of anti-government protests that he was not participating in. His family announced that he was missing from the Dokki police station, where he was sleeping every night as part of a legally contested five-year probation sentence. 

Many other prominent opposition figures were arrested in a large scale wave of arrests surrounding the protests, including Hazem Hosny, a spokesperson for ex-army chief Sami Anan, and political scientist Hassan Nafaa, as well as prominent human rights lawyer Mahienour El-Masry. 

In 2021, Abdel Fattah was subsequently sentenced to five years in prison under the country's draconian anti-terrorism laws, accused of “spreading false news undermining national security, using social media to commit a publishing offence, as well as joining a terrorist group.”

Having completed this sentence, Abdel Fattah's family and legal team were expecting his release this year. However, news about the possibility that his release will be further delayed has drawn international criticism, with 59 local, regional and international human rights organizations urging Egypt to abide by its legal obligations and release Abdel Fattah.

In an interview with independent Egyptian media outlet Al Manassa, Ali emphasized that the authorities’ actions violate Article 482 of the Criminal Procedure Code, which states that a prison sentence begins from the date of arrest and should account for pretrial detention. It also breaches Article 484, which mandates that pretrial detention be deducted from the lightest sentence when multiple sentences are imposed.

He noted that the prosecution claims Abdel Fattah's pretrial detention was linked to an ongoing investigation in Case No. 1356 of 2019, but stressed that the law requires pretrial detention to be deducted from any sentence, whether related to the same crime or another.

Amnesty International released a statement on September 26 urging Egyptian authorities to “immediately and unconditionally release Egyptian-British activist Aala Abdel Fattah who will have completed the length of his unjust five-year prison sentence in three days on 29 September.” 

According to Mahmoud Shalaby, Amnesty International’s Egypt researcher: “Egyptian authorities have a dreadful track record of indefinitely detaining political dissidents by concocting new reasons to keep them locked up. If the authorities fail to release Alaa Abdel Fattah this would further compound the cruelty and injustice he has already suffered in custody.”

Systematic persecution

Abdel Fattah's case is emblematic of the broader crackdown on dissent in Egypt under el-Sisi's government. Since the military ousted the country's first democratically elected president, Mohamed Morsi, in 2013, tens of thousands of political opponents, journalists, and human rights activists have been imprisoned, many under false charges related to terrorism. In 2019, Human Rights Watch estimated that, since el-Sisi took office, 60,000 people had been imprisoned on political grounds.

For Abdel Fattah, this marks the latest chapter in a long history of persecution. He was first arrested in 2006 for his activism during the Hosni Mubarak era and played a key role in the 2011 uprising that overthrew the long-time dictator. Since then, he has been in and out of prison multiple times, often for charges related to his participation in peaceful protests or criticism of the government on social media.

In a statement calling for Abdel Fattah’s release, Reporters Without Borders pointed out that, “There are currently 17 journalists imprisoned in Egypt, including Abdel Fattah, at least nine of whom are in pre-trial detention – a tactic used to extend the time journalists spend in jail.”

A family’s struggle

Abdel Fattah's family, who have been tireless advocates for his release, had warned back in 2022 that his health had deteriorated significantly during his time in prison. His sister, Mona Seif, recently tweeted:

A sentimental post about my sister @sana2

Today we had a press briefing, and for a moment I was trying to outline to everyone present the bleak scenario we have to face if @Alaa is not out of prison on Sunday, and that this leaves us with an almost open ended prison sentence pic.twitter.com/asQm9amo8g

— Mona Seif (@Monasosh) September 26, 2024

On September 25, his other sister Sanaa Seif wrote on Facebook, “Five days remain, and Alaa will have completed his full sentence (five years), but unfortunately, there is no indication that they intend to release him on time.”

Abdel Fattah's mother, Laila Soueif, has been at the forefront of the family's campaign to secure his release. Soueif, a professor of mathematics at Cairo University and a well-known activist in her own right, has often staged sit-ins outside the prison where her son is held, demanding access to him.

A symbol of freedom

For many in Egypt and elsewhere in the region, Abdel Fattah has become a symbol of resistance against authoritarianism. His writings, some smuggled out of prison, have been published in various international media outlets, have become rallying cries for those fighting for freedom of speech and human rights.

Alaa Abdel Fattah’s plight is not an isolated case. Thousands of others, many of them lesser-known, remain behind bars in Egypt for crimes as trivial as expressing dissenting opinions on social media. Under the guise of national security, Egyptian authorities have systematically suppressed freedom of speech, assembly, and association.

As Abdel Fattah languishes in prison, his case serves as a stark reminder of the challenges faced by those who dare to criticize Egypt's authoritarian regime. While his continued detention underscores the government's determination to silence dissent, it has also inspired many to continue in his fight.

Written by Walid El Houri