Activist Alaa Abdel Fattah CAIRO: Youm7 has obtained copies of the investigations with political activist Alaa Abdel Fattah, who is accused of participation in the deadly October 9 Masprio clashes that left 27 dead. Abdel Fattah's father, lawyer Ahmed Seif Elislam, provided two documents to Youm7. The first is the transcript of Abdel Fattah's initial questioning before military prosecutors on October 30, 2011. The second is Abdel Fattah's subsequent questioning before the East Cairo Criminal Court on November 27, 2011. The second document contains witness testimony, the results of the military's initial investigation into Abdel Fattah, and a list of witnesses to be called forth. Find below the text of each document: Alaa Abdel Fattah's testimony before the East Cairo Military Prosecution Sunday, October 30, 2011 The attendant's lawyers are: Ahmed Seif, Ahmed Hassan, Amr Mohamed Adel, Aziza El Tawil, Rami Ghoneim, Safaa Zaki, Mohamed Abdel Aziz, Alaa El Din Abdel Tawab, Ahmed Seif and Hoda Nasr Allah. Question (military prosecutor): What do you say in what is claimed that you and others gathered in front of Masprio [Egyptian television and radio headquarters], and endangered peace and public safety, where you and others assaulted the members of the armed forces, destroyed their equipments and stole firearms owned by the armed forces? Answer (Abdel Fattah): I refuse the investigation until the lawyers review the case's file and all investigations. Note: The military prosecution let the lawyers review the investigations. Question: What do you say in what we asked you before? Answer: I refuse the investigations because the armed forces are part of the case and the military prosecution is part of the armed forces, which hinders neutrality. Question: Did you participate in the demonstration which took place on October 9? Answer: I refuse the investigation for the same reason. Question: What do you say after you appeared on one of the videos where you were throwing stones at the armed forces beside Maspiro? Answer: I refuse investigation. Question: What do you say about the testimony of journalist Hanan Khoasak, who said she saw you stealing weapons from the armed forces vehicles? Answer: I have the right to remain silent and the lawyer has the right to review the case file. Question: You and others are accused of gathering outside Maspiro, which endangered public safety and security and affected public authorities by violence and force. What do you say? Answer: I refuse investigation for the reasons I mentioned before. Question: You and others are accused of deliberate destruction of property owned by the armed forces and public money, what do you say? Answer: I refuse investigation. Question: You are accused of assaulting employees assigned to help the armed forces in public services, what do you say? Answer: I refuse the investigation for the same reason. Question: Do you have anything to say? Answer: No. Abdel Fattah's testimonies are done, and the attendants submitted requests: 1. We ask to open investigation with commander of military region in the Egyptian army and to take testimonies of the commander of military police, field officers at the scene of the massacre of running over peaceful demonstrators with armored vehicles; we have a video of the incident. 2. We accuse the Minister of Information of inciting peaceful demonstrators by spreading lies, confirmed by Egyptian judges in a press conference. We submitted a video about the Egyptian TV news and we ask to include all Egyptian TV news videos on October 9 starting from 12:00pm until October 10. The videos include evidence about the people who incited citizens and there are two videotapes concerning the armed forces in downtown [Cairo] during the incidents, where they gathered thugs to attack the demonstrators. The third tape includes an episode about Belal Fadl on Tahrir Channel. 3. We accuse the Supreme Council of Armed Forces, starting from Field Marshal [Hussein] Tanatwy to the least rank, of hindering justice and concealing crime tracks by Egyptian army in Tahrir Square by imposing curfew. The Egyptian army used live bullets against peaceful demonstrators, which wasn't done by the Zionist enemy (the investigator refused to include this sentence because it insulted the army). 4. The attendants assured that the defendant has the right to remain silent and authorities should not push him to talk. We submitted a copy of two verdicts of the Egyptian Court of Appeal. 5. We demand to send the whole case file to public prosecution because the commanders of the armed forces are accused of charges against Egyptian demonstrators. We will submit a detailed document during the next three days. 6. We did not demand to set the defendant free and we left the case to your conscience. 397/2011 for Supreme State's Security 855/2011 Criminals Military Court of East Cairo So-called ‘Maspiro events' case Accused: Alaa Ahmed Seif Abdoul Fatah Hamad and others Investigation session: 27/11/2011 First witness: Hanan Khoask Khoask testified in lawsuit number 55A/2011 on 24/10/2011 at 12:40 before the Military East Cairo Attorney. “At 6 pm on 9/10/2011, at the end of Abdoul Monem Riyad Street, I saw Central Security armored on the October 6 Bridge. On the right side of the Ramsis Hilton Hotel there was an army vehicle on the bridge. Alaa Abdel Fattah attacked the army vehicle and took firearms, then he went toward the Egyptian Museum.” • The witness was one meter behind army vehicle; • The vehicle was opened lorry; • Central security armored did not interfere because it was too far way; • Abdel Fattah took three minutes to seize the weapons; • Light was good; • Witness has told her testimony in detail to al-Wafd newspaper. Second witness: Abdoul Aziz Fahmy Abdoul Aziz Investigation 1/11/2011, Time 11pm. The witness was on his way to the Free Egypt Party headquarters when he saw police soldiers being attacked. He saw Alaa Abdel Fattah with gun. Someone said Abdel Fatah grabbed the gun from a military police soldier (hearsay). • This happened at 8 pm. The witness left the party headquarters at 5:30am; • There were 1,000 members of the April 6 movement] who assaulted soldiers; • The witness said Alaa, Bahaa Saber, Ahmed Azam, and Wael Abbas were present; • There were lorries carrying bricks and weapons. April 6 members got on the lorries and took the bricks and the weapons; • Alaa was on the front lines. After half an hour, the witness saw Alaa shoot towards military police soldiers, but he did not see if anyone was hurt; • He saw Alaa in a car with Bahaa Saber and others at 7:30; • The witness left the place at 8:30. Investigation of Military Intelligence Military Security Service 18/10/2011 Security sources reported that Alaa Abdel Fattah seized weapons and left the location in a car with plate number 94, Saloom Customs. The car is owned by Khaled Ahmed Mostafa. It entered Egypt on 15/2/2011. The owner left Egypt on 16/9/2011 without the car. Charges: • Participation in a crowd consisting of five people. This crowd threatened public peace. • Aiming to commit crimes, assault general authority soldiers and fighting them by using force. • Holding firearms, knives and other weapons that may use for killing or commit crimes. • Trying to break into two governmental buildings (Radio and Television Headquarters) by force. • Attacking official employees and trying to oblige them to stop performing their jobs. This resulted in the death of soldier Mohamed Ali Shata. • Stealing armed forces' weapons and ammunition by force. • Owning ammunitions that was used to destroy public property in order to achieve terrorism goals. Demands and defending: Abdul Fatah insisted on all defenses, that he mentioned at the beginning of the military attorney's investigations. He also insisted on requiring the investigating judge to attend the lawsuit because the case included accusations against armed forces leaders and the minister of information. The defense opposed the temporary detention reasons because the defendant returned home to submit to investigations. The defendant also has known address. He is awaiting the birth of a child soon. The evidence supporting the charges is weak; military investigations said there were groups and crowds without identifying any particular person, place or time. The two witnesses made conflicting testimonies. The first witness said Abdel Fatah seized weapons from an armored car on October 6 Bridge, while she described the vehicle as open lorry. Both witnesses talked about same time, however in different places and different accusations for the defended. Defense front of the accused demanded: • Communications companies inform the attorney about the accused and witnesses' mobile phone calls made or received on the day of the events. • Records for subway stops in Faysal, Dokki and Tahrir at the time of the events. • Videos recorded in Maspiro and the Egyptian museum to investigate the events. • Review Abdel Fattah's account. • Asking Egyptair about the arrival of flight 844k coming from Tunisia to Cairo on 9/10/2011 and asking if Wael Abbas, who the second witness said he saw with the accused, was among passengers. Defense also will call the following persons to testify: Wael Abbas Lilian Wagdi Sana Saif (sister of the accused) Manal Bahieddine Hassan (wife of the accused) Lila Soueif (mother of the accused) Ahmed Hussein Mohammed Waked Muhannad Jalal Mohammed Qasim Khalid Abdullah Hani Bashari Alfred Roav Ahmed Ismail Olva Tito Rami Siyam Decision Continuing detaining the accused for 15 days after ending the first detention. Investigation session will be determined on Wednesday. ___ Additional reporting by KAREEM HOSEM
