<<

www.pomed.org ♦ 1611 Connecticut Ave NW, Suite 300 ♦ Washington, DC 20009

English Translation of the Indictment against NGO Workers in

This translation was written of the full text of the indictment as released in to Al-Ahram newspaper on February 11, 2012 (found here).

THE INDICTMENT

List of Names of the 17) Almadine Kortovitch 32) Sherif Ahmed Sabhi Mansour Accused: (Serbian) - fugitive (nationality: American, 18) Bodemiz Militch (Serbian, in of Egyptian Origin) 1) Samuel Adams LaHood ) 33) Sameer Ameen Saleem Jarah 2) Sherien Sahany Nanveet 19) Layla Wadad (American) - fugitive (Jordanian) 3) Christine Angel 20) Robert Frederick Baker 34) Mohamed Ahmed Abd-Alaziz 4) Yan Erik Sort Chik - fugitive* (American) Said 6) Hans Chris Holisin - fugitive 21) Mariana Kovashvitch 35) Nancy Jamal Al-Din Hussein 7) John George Tomastafbiski (Serbian) Akeel 8) Reeda Khedr Abdelhady 22) Stacy Lynn Hag (American) 36) Basim Fathy Mohamed Ali Mohamed Albaraei (nationality: 23) Dana Dayakono -fugitive Mahmood Palestinian) American 37) Magdy Mahram Hassan 9) Osama Gharezi - fugitive 24) Ali Gawda Alhaj Suleiman - Mustafa (in Helwan) (nationality: American) fugitive (Lebanese) 38) Patrick Butler - fugitive 10) Sanya Mark - fugitive 25) Marwan Abdu Safir - fugitive (American) (American) (Lebanese) 39) Natasha Tayns - fugitive 11) Jessica Elizabeth Kagen- 26) Micheal James Beltsaro - American fugitive (American) fugitive (American) 40) Meda Michele Buts - fugitive 12) Ahmed Shoky Ahmed 27) Mohamed Ashraf Amr Kamel 41) Yahya Zakariya Ghanim Mohamed Haykel Alwakeel (in Alexandria) 42) Mohamed Ahmed Foad 13) Ahmed Abd Al-Aziz Abd Al- 28) Rowda Said Ahmed Ali (in 43) Andreas Jacobs (German) 'Al Ali Giza) 44) Christine Margarite Badi 14) Ahmed Zakarayia Arbab 29) Hafza Maher (in Giza) (German) Adam 30) Amjed Mohamed Morsy (in 15) Assam Mohamed Ali Bir'e Assuit) 16) Julie Anne Hughes 31) Charles Dunne - fugitive (American) (American)

Note: In the Egyptian legal tradition, the term fugitive is used to connote an individual as being wanted for questioning by the public prosecution but having not yet appeared before the prosecution (regardless of whether the accused is inside or outside of Egypt).

Page 2 of 6

Because, during the period from March 2011 through December 29, 2011, in the districts of Qasr Al-Nil, , Al- Raml Awal, Sidi Gaber, Assuit and , in the governorates of , Giza, Alexandria, Assuit, and Luxor, they:

First: The Accused from Number 1 through Number 10

 Established and managed branches of an international organization without license from the Egyptian government by opening five branches of the International Republican Institute (IRI), which is based in the . The branches were established in the governorates of Cairo, Alexandria, Giza, and Luxor. They managed the technical, financial, and administrative affairs of this organization through implementing several unlicensed political training programs, performing research, studies, and public opinion polls, organizing workshops and series of training programs for political movements and parties, and provided media support to these political entities in order to gather voters in their favor. They also prepared reports detailing all these activities in Egypt, and submitted these reports to IRI headquarters in the U.S., and funded several individuals, organizations, and other unlicensed entities to engage in civil work. All of these activities had taken place without license from the Egyptian government and were facilitated through illegitimate foreign funding, which violates the sovereignty of the Egyptian state as a direct result of practicing these activities. All of these activities are further elaborated upon in the investigation documents.

 Directly received and accepted funds and benefits from an entity based outside of the Arab Republic of Egypt and therein committed the crime detailed in the first clause of Section C of Article 98 of the Egyptian Penal Code, and directly accepted $22,920,000 from the headquarters of the IRI in the United States- including 18 million in May 2011 alone – through direct transfers to the personal bank accounts of some of the accused, through international monetary transfer companies and through the usage of private credit cards directly linked to bank accounts outside of Egypt (in which funding was deposited for the aforementioned activities). These financial activities were performed in order to establish and manage the activities of IRI's branches as mentioned in the previous paragraph. All of these activities had taken place without license from the Egyptian government and were facilitated through illegitimate foreign funding, which violates the sovereignty of the Egyptian state as a direct result of practicing these activities. All of these activities are further elaborated upon in the investigation documents.

Second: The Accused from Number 11 through Number 14

 Collaborated with the first ten of those accused through agreeing to and assisting in committing the crime of managing the branches of an international organization in Egypt operating without a license. They agreed among themselves to work at the branches of the U.S-based IRI in the governorates of Cairo, Giza, Alexandria and Luxor. They assisted in the management of its technical, administrative, and financial affairs, and they assisted the first ten of those accused through performing research, studies, and public opinion polls, organized workshops and series of training programs for political movements and parties in order to gather voters in their favor. They also prepared reports detailing all these activities in Egypt. All of these activities had taken place without license from the Egyptian government and were facilitated through illegitimate foreign funding, which violates the sovereignty of the Egyptian state as a direct result of practicing these activities. All of these activities are further elaborated upon in the investigation documents.

Page 3 of 6

 Directly received and accepted funds and benefits from an entity based outside of the Arab Republic of Egypt and therein committed the crime detailed in the first clause of Section C of Article 98 of the Egyptian Penal Code by working for branches of the U.S.-based IRI in the governorates of Cairo, Giza, Alexandria and Luxor. They received funds both from the headquarters of the organization in the United States and from its branches in Egypt in return for their work in the form of salaries and in-kind benefits, through direct transfers to the personal bank accounts of some of the accused, and through direct transfers via international monetary transfer companies.

Third: The Accused from Number 15 through Number 25

 Established and managed branches of an international organization without license from the Egyptian government by opening three branches of the U.S.-based National Democratic Institute (NDI) in the governorates of Alexandria, Giza, and Assuit. They managed the financial, technical and administrative affairs of these branches through implementing several political training programs without license, including performing research, studies, and public opinion polls, organized workshops and series of training programs for political movements and parties, and provided media support to these political entities in order to gather voters in their favor. They also prepared reports detailing all these activities in Egypt and sent them to NDI headquarters in the United States.

 Directly received and accepted funds and benefits from an entity based outside of the Arab Republic of Egypt and therein committed the crime detailed in the first clause of Section C of Article 98 of the Egyptian Penal Code. They directly received $18 million from NDI headquarters in the United States- including $14 million in April 2011 alone – through direct transfers to the personal bank accounts of some of the accused, through international monetary transfer companies and through the usage of private credit cards directly linked to bank accounts outside of Egypt (in which funding was deposited for the aforementioned activities). These financial activities were performed in order to establish and manage the activities of NDI's branches in Egypt.

Fourth: The Accused from Number 26 through Number 29

 Collaborated with the accused from number 15 through number 25 through agreeing to and assisting in committing the crime of managing the branches of an international organization in Egypt operating without a license. They agreed among themselves to work at the branches of the U.S-based NDI in the governorates of Giza, Alexandria, and Assuit. They assisted in the management of these branches’ technical, administrative, and financial affairs, and they assisted them in performing research, studies, and public opinion polls, organizing workshops and series of training programs for political movements and parties in order to gather voters in their favor. They also assisted in preparing reports detailing these activities in Egypt.

 Directly received and accepted funds and benefits inside Egypt from an entity based outside of the Arab Republic of Egypt and therein committed the crime detailed in the first clause of Section C of Article 98 of the Egyptian Penal Code by working for branches of the U.S.-based NDI in the governorates of Giza,

Page 4 of 6

Alexandria, and Assuit. They received funds both from the headquarters of the organization in the United States and from its branches in Egypt in return for their work in managing NDI’s branches in the form of salaries and in-kind benefits, through direct transfers to the personal bank accounts of some of the accused, and through direct transfers via international monetary transfer companies. All of these financial activities had taken place in order to commit the crime of managing the branches of the U.S.-based NDI in Egypt without license from the Egyptian government.

Fifth: The Accused from Number 30 through Number 33

 Established and managed branches of an international organization without license from the Egyptian government by opening a branch of the U.S.-based Freedom House in the governorate of Cairo. They managed the financial, technical and administrative affairs of this branch through implementing several political training programs, including performing research, studies, and public opinion polls, organized workshops and series of training programs for political movements and parties in order to gather voters in their favor. They also prepared reports detailing all these activities in Egypt and sent them to Freedom House headquarters in the United States, and funded several individuals, organizations, and other unlicensed entities to engage in civil work. All of these activities had taken place without license from the Egyptian government.

 Directly received and accepted funds and benefits from an entity based outside of the Arab Republic of Egypt and therein committed the crime defined in the first clause of Section C of Article 98 of the Egyptian Penal Code by working for branches of the U.S.-based NDI in the governorates of Giza, Alexandria, and Assuit. They directly received funds in the amount of $4, 391, 148 from Freedom House headquarters in the United States through direct transfers to the personal bank accounts of some of the accused, through international monetary transfer companies and through the usage of private credit cards directly linked to bank accounts outside of Egypt (in which funding was deposited for the aforementioned activities). These financial activities were performed in order to establish and manage the activities of the branches of the U.S.-based organization Freedom House in Egypt without license from the Egyptian government, violating the sovereignty of the Egyptian state, as described in the previous charges.

Sixth: The Accused from Number 34 through Number 36

 Collaborated with the accused from number 30 through number 33 through agreeing to and assisting in committing the crime of managing the branch of an international organization in Egypt operating without a license from the Egyptian government. They agreed among themselves to work at the branch of the U.S- based organization Freedom House in the governorate of Cairo. They assisted in the management of its technical, administrative, and financial affairs, and they assisted them in performing research, studies, and public opinion polls, organizing workshops and series of training programs for some political movements and parties in order to gather voters in their favor, and funded several unregistered civil society entities and prepared reports detailing these activities in Egypt, all of which were performed without license from the Egyptian government.

Page 5 of 6

 Directly received and accepted funds and benefits inside of Egypt from an entity based outside of the Arab Republic of Egypt and therein committed the crime detailed in the first clause of Section C of Article 98 of the Egyptian Penal Code by working for a branch of the U.S.-based organization Freedom House in the governorate of Cairo. They received these funds in return for their work in managing Freedom House’s branch in Egypt in the form of salaries and in-kind benefits, through direct transfers to the personal bank accounts of some of the accused, and through direct transfers via international monetary transfer companies. All of these financial activities had taken place in order to commit the crime of managing the branch of the U.S-based organization Freedom House in Cairo without license from the Egyptian government, as described in the previous charges.

Seventh: The Accused from Number 37 through Number 40

 Established and managed the branch of an international organization without license from the Egyptian government, by opening a branch of the U.S.-based International Center for Journalists (ICJ) in the governorate of Cairo. They managed the financial, technical and administrative affairs of this branch through implementing several programs and preparing reports detailing its activities in Egypt and sending these reports to ICJ headquarters in the United States. They also funded several individuals, organizations, and other unlicensed entities to engage in civil work. All of these activities had taken place without license from the Egyptian government, violating the sovereignty of the Egyptian state.

 Directly received and accepted funds and benefits from an entity based outside of the Arab Republic of Egypt and therein committed the crime detailed in the first clause of Section C of Article 98 of the Egyptian Penal Code. They directly received funds in the amount of $2,843,411 from the ICJ headquarters in the United States in order to establish and manage a branch of the U.S-based ICJ without license from the Egyptian government, as illustrated in the previous charges. They also prepared reports details the results of these activities in Egypt and sent them to ICJ headquarters in the United States.

Eighth: The Accused Number 41

 Collaborated with the accused from number 37 through number 40 through agreeing to and assisting in committing the crime of managing the branch of an international organization in Egypt operating without a license from the Egyptian government. He agreed to work at the branch of the U.S-based ICJ in the Arab Republic of Egypt and assisted in the management of its administrative and financial affairs to enable it to direct its activities in Egypt, including receiving monetary transfers from abroad to a personal account at one of the banks operating in Egypt, and preparing reports detailing the results of those activities in Egypt and sending the reports to the ICJ headquarters in the United States. All of this had taken place without a license from the Egyptian government.

 Directly received and accepted funds and benefits inside Egypt from an entity based outside of the Arab Republic of Egypt and therein committed the crime detailed in the first clause of Section C of Article 98 of the Egyptian Penal Code by working for the branch of the U.S.-based ICJ in the governorate of Cairo. The accused received funds both from the branch in Egypt and from the headquarters in the United States in return for his assistance in managing the activities of the branch in the form of a salary and in-kind

Page 6 of 6

benefits, therein committing the crime of managing the branch of the U.S.-based ICJ without license from the Egyptian government.

Ninth: The Accused from Number 42 through Number 43

 Managed the branch of an international organization without license from the Egyptian government by opening a branch of the German-based Konrad Adenauer Foundation in the Arab Republic of Egypt, managing its unlicensed activities through implementing hundreds of political training programs and workshops, and funding several individuals, organizations and unlicensed entities to engage in civil work. All of these activities had taken place without license from the Egyptian government and without regard to the lack of consent of the Egyptian authorities, violating the sovereignty of the Egyptian state as a direct result of these activities which are funded by an illegitimate source of foreign funding. All of this is further elaborated upon in the investigation documents.

 Directly received and accepted funds and benefits from an entity based outside of the Arab Republic of Egypt and therein committed the crime detailed in the first clause of Section C of Article 98 of the Egyptian Penal Code. They directly received funds from the headquarters of Konrad Adenauer Foundation in the Federal Republic of Germany in the amount of 1,600,000 Euros in order to manage the branch of the German-based Konrad Adenauer Foundation without license from the Egyptian government, violating the sovereignty of the Egyptian state as a direct result of its activities.

This translation was written by Nada Zohdy, Program Assistant, and Yussef Auf, Visiting Researcher, at the Project on Middle East Democracy (POMED).