Section 1. Respect for the Integrity of the Person, Including Freedom from:
d. Arbitrary Arrest or Detention
The constitution prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, but reported incidents of arbitrary arrests and detentions remained frequent, according to local and international rights groups.
e. Denial of Fair Public Trial
The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality. Individual courts sometimes appeared to lack impartiality and to arrive at outcomes that were politically motivated or without individual findings of guilt. The government generally respected court orders. Human rights organizations claimed the State Security Prosecution bypassed court orders to release detainees by arresting them again in a new case and in some instances on the same charges. After authorities ordered their release on May 7, and prior to their actual release, the State Security Prosecution on May 9 and 10 ordered the continued pretrial detention of journalists Moatez Wadnan and Mostafa Al Aaser for 15 days pending investigations in a new case on charges of joining a banned group and spreading false news. Security forces arrested them both in 2018. Wadnan was arrested after a press interview with the former head of the Central Audit Organization, Hisham Genena. A misdemeanor appellate court on August 27 upheld a 2016 conviction against Genena for spreading false information against the state and suspended the one-year sentence, pending no further convictions for three years. Genena was arrested in 2018 and was serving a five-year sentence based on a separate military court conviction for making offensive statements against the state. On June 17, human rights defender Ahmed Amasha was arrested from his home and taken to an unknown location. On July 12, he was seen at the office of the State Security Prosecution. The State Security Prosecution ordered his detention for 15 days pending investigations on charges of joining and funding a terror group.
Some trials involving hundreds of defendants continued, particularly in cases involving demonstrators sympathetic to former president Morsi and the Muslim Brotherhood in 2013 and 2014. On July 9, the Court of Cassation upheld the life sentences of Muslim Brotherhood supreme guide Mohamed Badie, Badie’s deputy Khairat El-Shater, and four others on charges stemming from violence that occurred in 2013.
The law imposes penalties on individuals designated by a court as terrorists, even without criminal convictions. The effects of a designation include a travel ban, asset freeze, loss of political rights, and passport cancellation. The court designation may be appealed directly to the country’s highest appeals court, but human rights organizations reported that designated individuals were not allowed to appeal the designation, and authorities had not informed most individuals of their impending designation before the court ruled.
The constitution states: “Civilians may not stand trial before military courts except for crimes that represent an assault against military facilities, military barracks, facilities protected by the military, designated military or border zones; military equipment, vehicles, weapons, ammunition, documents, military secrets, public funds or military factories; crimes related to conscription; or crimes that represent an assault against its officers or personnel because of the performance of their duties.”
Authorities used military courts to try civilians accused of threatening national security. Public access to information concerning military trials was limited. Military trials were difficult to monitor because media were usually subjected to restraint orders. Rights groups and lawyers said defense attorneys in military trials had difficulty gaining access to their clients and to documentation related to the cases. A local NGO reported that from January through March, there were five military trials conducted involving 1,332 civilian defendants.