Hani Sameh, lawyer for blogger Hadeer Abdel Razek, has filed a lawsuit before the Administrative Court’s First Circuit for Rights and Freedoms. The case, numbered 9125 for judicial year 80, demands her immediate release after nearly two months in detention. It relies on presidential pardon rules for those who have served two-thirds of their sentence, per decisions by the President of the Republic. Alternatively, it seeks conditional release after half the term, as outlined in the law on rehabilitation and reform centers.
This action stems from TikTok-related cases. Hadeer was convicted in an economic misdemeanor appeal on November 5, upholding acquittal on half the charges but imposing a one-year prison term for assaulting family principles and values in Egyptian society.
Claims of Procedural Flaws and Appeal to Cassation
The lawsuit highlights serious procedural defects in the original case, including invalid arrest and search, plus exclusion of her phone as evidence. Hadeer has appealed to the Court of Cassation, arguing the unconstitutionality of clauses criminalizing “family values.”
Dr. Hani Sameh described the case as more than an individual’s trial: a defense of freedom and creativity in Egypt’s new republic, which champions justice and equality.
In the preamble, he stated: “In Egypt, cradle of civilization and enlightenment, where freedom and art shine in its ancient heritage, Hadeer Abdel Razek, daughter of this nation, faces accusations not just for herself, but for an authentic Egyptian legacy embodied in pioneering artworks, film festival appearances by actresses, and Fawazir dances that generations grew up watching on Maspero screens.”
Historical and Cultural Context in the Petition
The memorandum draws historical and rights-based parallels, claiming accusations against Hadeer arise from malicious suspicions aimed at undermining Egyptian modernity, imposing retrograde Afghan-like values alien to tolerant Egyptian society. It compares this to European inquisitions, where women fell victim to baseless claims under the guise of preserving false values. Today, humanity honors those victims, elevating their freedoms and rights.
Hadeer, raised in Egypt’s artistic tradition, trusted in a modern civil state where women wear the latest European fashions, supported by the state and shown on official television. The petition cites women’s attire in films and series, Ramadan Fawazir dances, actresses’ looks at cinema festivals, and Red Sea beach scenes, all without objection.
Time Served and Financial Considerations
Hadeer has served about one and a half months in custody so far. The lawsuit demands counting all prior periods of liberty deprivation toward her sentence.
It urges administrative authorities to include her in presidential pardon lists for serving two-thirds of the term, or proceed with conditional release upon half completion. Hadeer poses no public security threat and lacks funds to pay the fine. The petition invokes provisions allowing release without financial settlement when payment is impossible.
Legal Foundations and Demands
Legally, the suit draws on presidential decisions pardoning the remainder for those completing two-thirds, plus laws permitting conditional release for final convictions after half the sentence, if no public danger exists.
It labels refusal to release as a negative administrative decision violating the law, subject to administrative judicial oversight. Grounds for challenge include:
- Law violation
- Abuse of power
- Breach of equality
- Urgency due to grave harm from continued detention
Requested Actions
The lawsuit seeks:
- Scheduling the nearest session for review
- Halting and annulling the negative decision to withhold release
- Obliging authorities to list Hadeer for pardon and issue immediate release, without linking to fine payment given proven inability
- Alternatively, mandating conditional release steps upon half-term completion, applying Article 56, and counting all prior detentions
Preparatory requests include attaching the execution file from the reform center and a day-by-day statement of served periods.
