TikToker Otaka, the former husband of blogger Hadeer Abdel Razek, has filed a memorandum challenging his two-year prison sentence before the Court of Cassation through his defense attorney, Dr. Hany Sameh.

The ruling issued by the Economic Court sentenced Otaka to two years in prison with hard labor.

His defense has requested an urgent stay of execution, followed by the annulment of the ruling, consideration of the case on its merits, and his acquittal.

Defense Challenges the Basis of the Charges

Alleged Violation of the Defendant’s Right to Defense

According to the defense memorandum, the case initially involved allegations related to publishing videos through Telegram.

However, the first-instance ruling allegedly convicted Otaka on the basis of producing and possessing the videos with the intent to display or make them available.

The defense argued that the court changed the material basis of the alleged offense from electronic publication to production and possession without notifying the defense before the case was reserved for judgment.

The memorandum argued that this allegedly affected the defendant’s ability to understand the charge and prepare an adequate defense.

Lack of Direct Digital Evidence

Defense Questions the Link to Publication

The defense argued that there was no direct digital evidence proving that Otaka published the videos or managed the channel or account used to distribute them.

It also stated that the technical examination did not identify an account, device, electronic address, or upload record directly connecting Otaka to the alleged publication.

According to the memorandum, the technical report also failed to identify the person responsible for publishing or managing the sources under examination.

Digital Evidence Integrity

Defense Raises Chain-of-Custody Concerns

The memorandum also addressed the integrity and chain of custody of the digital evidence.

The defense referred to the alleged addition of a third video to a storage device that had previously been examined and secured as evidence.

It argued that such a circumstance required a detailed technical examination to verify the integrity of the storage medium, the digital fingerprints of the files, and the procedures used to preserve and transfer the evidence.

Appearing in a Video Does Not Prove Publication

Defense Distinguishes Between Recording and Publishing

The defense argued that appearing in a video or participating in its recording does not necessarily prove that the person published it online.

It further maintained that the presence of content on the internet, by itself, does not establish that the person appearing in the material was responsible for publishing it or possessed it with the intention of making it publicly available.

Constitutional Challenge to the Phrase “Family Values”

Defense Revives Constitutional Argument

The memorandum also revived a constitutional challenge concerning the phrase referring to “violating any of the principles or family values in Egyptian society,” contained in Article 25 of Egypt’s Information Technology Crimes Law.

The defense argued that the wording is broad and ambiguous in defining the prohibited conduct, which it believes raises concerns regarding the principle of legality in criminal law and the requirement that criminal provisions be sufficiently clear.

The defense requested that the Court of Cassation take the legally prescribed procedures regarding the constitutional issue.

Request for a Stay of Execution

The defense concluded its memorandum by requesting an urgent stay of execution, followed by the annulment of the ruling, consideration of the case on its merits, and Otaka’s acquittal.

The appeal is based on several legal and technical arguments concerning the basis of the charges, digital evidence, the handling of electronic content, and the constitutional challenge related to the provision at issue.

What sentence is Otaka challenging?

He is challenging a two-year prison sentence with hard labor.

What did his defense request?

The defense requested an urgent stay of execution, followed by reversal of the ruling and acquittal.

What are the main arguments in the appeal?

They include the alleged change in the basis of the charges, the lack of direct digital evidence of publication, and concerns over digital evidence integrity.

What is the constitutional argument?

The defense has revived its challenge to the phrase concerning “family values” in Article 25 of the Information Technology Crimes Law.