The Egyptian Prosecution Refers the Gang involved in the kidnapping of Two Girls, which was known in the media as the “Elevator Incident,” to the Misdemeanour Court described as ‘Minor Charges’, which undermines the rights of the two girls and encourages the commission of such crimes
ECWR demands that the case be referred to the Criminal Court
Cairo, January 28, 2024
On December 23, 2023, the Egyptian community was shocked by the circulation of a video showing a gang of three men attempting to kidnap two girls from inside an elevator. The men subdued the girls and put a drug on their faces. Despite the girls’ resistance, the kidnappers succeeded in drugging them. As a result of the pursuit of the building’s doorman and passers-by, one of the kidnappers managed to escape and kidnap one of the girls (the younger girl).
It was revealed that one member of the criminal gang, who incited and hired others, is the father of the two girls. He succeeded in kidnapping one of the girls and traveling with her outside the country within hours of the abduction, heading directly to the airport.
Although the investigation papers included the following confirmations:
- Premeditation, planning, and agreement with others to kidnap the girls by force and using drugs.
- The perpetrator rented two cars to try to distract anyone who tried to catch them.
- One of the members of the gang had previously been convicted of a drug offense.
Therefore, the crime is subject to the provisions of Article 290 of the Penal Code, which states:
“Whoever kidnaps a person by deception or coercion shall be punished with hard imprisonment for a period of not less than ten years.”
Despite this, we were surprised by the prosecution’s decision to refer the case to court and describe it as a “minor charge” under Article 292. This charge is for failing to deliver a child, which is a lesser charge than kidnapping. The prosecution is effectively dropping the kidnapping charges against the father of the two girls. The prosecution also ignored the crimes that were committed against the other girl who was rescued by the building’s doorman.
The prosecution did not file any charges related to this matter, which contributes to the impunity of criminals, does not achieve deterrence in society, also contributes to the waste of the rights of children victims of the incident, and encourages the commission of this type of crime.
The misdemeanour of not delivering a child is a minor misdemeanour whose punishment ranges from a fine to imprisonment. It applies in the case of taking a child for a walk and not returning her to the person who has custody.
The misdemeanour of not delivering a child cannot be applied in the case of kidnapping a child by a gang and using force and drugs and traveling with her outside the country.
Therefore, the Egyptian Center for Women’s Rights (ECWR) demands that the misdemeanour court change the charge and description of the aforementioned incident and refer the case in its entirety to the criminal court. ECWR also demands that the Child Protection Office of the Public Prosecutor’s Office investigate the incidents that the older girl who was rescued from the kidnapping was exposed to, but she did not escape from being exposed to incidents of beating, drugging, and stripping, which constitute multiple criminal incidents.
