On 23 November, the Second Terrorism Circuit of the Cairo Criminal Court issued a decision in Case No. 620 of 2018, removing 716 names from the terror list, out of 1,524 people involved in the same case. The decision was issued by Judge Wagdy Abdel Moneim at the request of Public Prosecutor Mohamed Shawky and based on the latest supplementary investigations report  by the Interior Ministry’s National Security Sector (NSS), compiled  on 14 October 2024.

According to the investigations report prepared by a single NSS officer, 808 previously designated persons are still involved in acts of terrorism. The report, however, was silent on the remaining 716 persons, prompting the Public Prosecution to submit to court a request to remove their names from the terror list. The prosecution argued that the non-mentioning of the 716 defendants in the investigations report indicates "the cessation of their criminal activity in this incident", and therefore that there was  no longer a reason to keep them on the terror list. The prosecution said in a statement that its request came “as part of the state’s directives to conduct a comprehensive review of the status of those on the lists of terrorist entities and terrorists... in preparation for removing anyone proven to have ceased terrorist activity from these lists”.

Among those remaining on the terror list are late President Mohamed Morsi and Muslim Brotherhood leader Essam Al-Eryan, who died in prison years ago, meaning that they cannot still continue to carry out any activities of any kind. This, alone, raises questions about the accuracy and seriousness of investigations into a case that has been open for years without referral to trial or even interrogation of the defendants.

The court stated in its decision that the defendants involved in Case No. 620 were added to the terror list in 2018 for a period of five years, and that the prosecution requested an extension of the decision in 2023, which was granted by the Criminal Court. The extension was condemned by the Egyptian Initiative for Personal Rights (EIPR) and seven other human rights organizations in a joint statement at the time. The court noted that a number of those whose listing was extended appealed the decision before the Court of Cassassion, which granted the appeal in May of that year and overturned the decision for all those listed, sending the designation request back to a different chamber of the Criminal Court. A date has yet to be set for the new chamber to decide on the matter.

The current status of the 808 defendants remains ambiguous, as their listing period (in force from 2018 to 2023) has theoretically expired. Despite the granting of the appeal and the cancellation of the extension of their listing, no decision has yet been issued specifying their status with regard to the prosecution's request to extend their listing for an additional five-year period. This makes it necessary to set a hearing as soon as possible for the new chamber to consider the seriousness and accuracy of the recent supplementary investigations, especially since considering them listed at present and the continued impact of their listing without a judicial decision are a clear violation of the law.

The removal of 716 people from the terror list does not mean that the effects of the listing will end for all of them, as a number of them are still on the terror list in connection with other cases. This means that the effects of their listing will continue, including travel bans, placement on arrival watch lists, asset freezes, and prohibition of property disposal.

In light of the latest court decision, the total number of those placed on the terror list dropped from 4,408 to 3,693, according to the latest report published by the Anti-Money Laundering and Terrorist Financing Combating Unit as of 24 November. The decision issued this week is the first of its kind to include such a large number of list removals at the request of the Public Prosecution. In 2023, only a handful of names were removed, including businessman Safwan Thabet, media professional Hossam Al-Ghamri, and lawyer and former MP Ziad Al-Elaimy. The latter was removed from the list in November 2023 after he was designated in connection with a case that was never sent to trial, and more than a year after his release upon a presidential pardon decree for the remainder of a prison sentence issued against him by the Emergency State Security Court.

Terrorist designations are issued in a manner that violates a set of fair trial guarantees for defendants. The Law Organizing the Lists of Terrorists and Terrorist Entities (commonly known as the Terrorist Entities Law), Law No. 8 of 2015, contained ten articles. It was amended once in 2017 and twice in 2020. Following the latest amendment, a number of UN human rights rapporteurs issued a joint statement expressing their deep concerns over the new measures imposed by the law on individuals, companies, media outlets and trade unions. They described the law as "opening the door to more rights abuses". The statement was signed by the UN special rapporteur on human rights and counter terrorism and endorsed by the special rapporteur on the promotion and protection of the right to freedom of opinion and expression, the special rapporteur on extrajudicial, summary or arbitrary executions, the special rapporteur on the rights to freedom of peaceful assembly and of association, the Working Group on Enforced or Involuntary Disappearances, and the Working Group on Arbitrary Detention. Moreover, 21 Egyptian human rights organizations issued a joint statement in 2015 condemning the law and describing it as "violating the guarantees stipulated in the Egyptian constitution and Egypt's international obligations, and undermining freedom of peaceful assembly, association, political participation, and freedom of opinion and expression”. They further warned that the law could be applied to “individuals even if they do not belong to any kind of organization”.

The terror list has been in existence for nearly ten years, during which the procedures related to the addition and removal  of persons – few and opaque as they are – lacked any transparency. To date, there are no clear or stated criteria that explain the real reasons for taking such action, as the listing takes place after the Public Prosecutor submits a request to the court along with investigations, documents, or just supporting information. In most cases, the listing is based on the investigations conducted by the NSS. These investigations are nothing but an opinion of their author and cannot be a basis for conviction, according to the rulings of the Court of Cassation. 

Terrorist designation has nine effects, some of which restrict a number of constitutional rights, most notably the protection of private property and the right to travel and movement. Terrorist designations are issued in the absence of the concerned individuals or their lawyers, and without revealing to them the evidence presented against them. So, the defendants do not know that the court is considering their terrorist designations or that they are accused in the first place, until after the Criminal Court's decision is published in the Official Gazette. Thus, the defendant's first contact with the judicial decision is when he files an appeal before the Court of Cassation.

While the latest removal decision is a positive step, it raises several questions about the Egyptian criminal justice system with regard to similar cases, which may remain open without a final decision. It also raises questions about the effectiveness of terrorist designation, which has turned from being a precautionary measure against defendants who have not been proven guilty to a continuous punishment against them and – sometimes – their families.

EIPR stresses the need to review all the names placed on the terror list more seriously and comprehensively, as the list still includes a number of people, such as Wassat Party president Abul Ela Madi, who was listed in Case No. 620 of 2018 and was not included in the recent court decision. The list also includes human rights lawyer Mohamed El-Baqer, who has been listed without any stated reason, although he was released more than a year ago following a presidential pardon for the remainder of the prison sentence the Emergency Court issued against him, which constitutes an obstacle for him to resume his normal life.

EIPR further stresses the urgent need for amending Law No. 8 of 2015, not only because it violates the constitution but also because it violates Egypt's international human rights obligations.