A few months later, he was tried again by the Cairo Military Court on the same grounds. He was again sentenced to another sentence of 7 years in prison, which was combined with his first sentence.
In October 2003, having served out the 22-year prison term in Liman Torah prison (southern Cairo) and while he was waiting for his release, the authorities stated their refusal to release him on the grounds that an administrative decision to remand him in custody had been taken by the Ministry of Interior, referring to the legislation of 6 October 1981 on the state of emergency.
Mr Al Zumer appealed this decision at the High Administrative Court which granted his request and ordered his release on 18 May 2004. Despite this court ruling, the Ministry of Interior again rejected his release using its right of veto.
On 12 March 2009, Alkarama asked the Working Group on Arbitrary Detention to intervene with the Egyptian authorities in order for them to release Mr Al Zumer. This detention has been arbitrary since October 2003 and therefore violates the principles contained in the International Covenant on Civil and Political Rights, which was ratified by Egypt on 14 January 1982.
Article 3 of the Egyptian Emergency Law, which authorizes the Minister of Interior to arrest and put any suspect or anyone threatening public order or safety in detention, is an example of dispositions which clearly violate the Covenant named above. Administrative detention without charge or trial is one of the very extensive prerogatives of the Minister of Interior.
Neither the General Prosecutor, nor any other judiciary authority has the power to intervene or control decisions of administrative detention.
Although a complex procedure for challenging this measure is provided by the emergency law, court rulings to release arrested persons are not implemented by the executive as the Ministry of Interior opposes the decision using its right of veto.