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Arrest, Prosecution, and Travel Ban Saga In February 2009 and there was a knock at the door.

When I opened the door to my suprise there was approximately 20 men lined up through the hallway, some with guns in plain clothes. I assumed it was the police. I was told they wanted to enter I said NO! And closed the door... The lead man (Later he stated he was from the Telecommunication Police). He stated that we have papers that allow us to enter your home. I said no one will enter till I see the papers he pulled a folded, hand written paper from his pocket, said that I could not read it anyway because it was in Arabic I told him that I will call the U.S. Embassy first to notify them of the issue, and then call my lawyer, and we can wait for him to arrive and verify your right to enter The lawyer arrived and said they can enter! They proceed directly to my home office and started interrogating me I listened and they demanded access to my computers and server I said no! (The U.S. Embassy was called after hours and the Duty Office took my details and stated I will get a call back immediately. I never received a call back from the Embassy! They talked among themselves and then said they were taking my computer. I said no! They said we will, and you cannot stop us. Our document allows us to take Anything illegal in Egypt according to the employee of the Nation Telecommunication Regulatory Authority from Cairo. I said there is nothing illegal here it is all from local sources and IBM Cairo the software is fully licensed! I provided the proof. They still proceeded to seize my equipment and told me to box it up so it would be safe or they would do it. I complied and logged the items that were taken I was requested to go to the Telecom Central Office where my lawyer and I met with officials. These officials continued the interrogation. They wrote up statements and demand I sign them or face arrest. The lawyer said it was ok they were just reports and inventory of the equipment seized. When that was finished they said we had to go to the Police Station. This time I was not allowed to drive myself an officer accompanied the lawyer and I to the Police Station. When there we stood around for a while I was called to the desk and they asked for my passport and mobile, I complied and was then taken to an out of the way room. They told me I would be there till the next day when we would go to the Public Prosecutor. The next day I was handcuffed and put in a transport to the Public Prosecutors office. When I arrived, I was lead to a small cell and put in with the others that had been arrested. It was a few hours before I was taken to see the Prosecutor. There was no translator provided for the questions so my lawyer called an employee of mine that spoke some english. During this questioning we were also joined by an employee of the Nation Telecommunication Regulatory Authority from Cairo, my employee, and the Public Prosecutor. I had my lawyer call the U.S. Embassy again, which he did before we went in front of the Public Prosecutor. My employee also called, the U.S. Embassy while on the way to help me. My business partners also all called the U.S. Embassy several times throughout the day. They all left detailed information for the Embassy and multiple contact numbers to reach the lawyer, assistants, and business partners. At NO time were any of those calls returned.

Upon interrogation my lawyer was told to leave. I requested that he stay, they said No, and I insisted again and the Public Prosecutor politely stated we prefer to talk to you without the lawyer or we can just lock up back up! My lawyer stepped out and I stated to the Public Prosecutor that I want it on record that my request for the lawyer to be present was denied. I was questioned by the Public Prosecutor, the questions were leading and vague, which most I did not answer. Next to question me, was the employee of Nation Telecommunication Regulatory Authority from Cairo He made more statements than questions. When he did try to question me about Technology or the Equipment seized he could not provide any links or basis for the question. I refused to answer most of his questions and stated I will not help you make up false charges against me. Because I would not assist them in their interrogation of me, the employee of Nation Telecommunication Regulatory Authority from Cairo requested that the Public Prosecutor order me to answer the question. I stated youre the Expert do not ask me what you should know. Interesting enough the Public Prosecutor agreed with me. The employee of Nation Telecommunication Regulatory Authority from Cairo was not amused The seized equipment was brought in for discussion we proceed to go over each and every piece Question: What is this? Answer: A Standard Window 2003 Web Server Question: What is this? Answer: A Standard Window 2003 Web Server Question: Why is there two? Answer: In case one breaks Question: What is this? Answer: A Standard Microsoft Exchange Server Question: What is this? Answer: A Standard Microsoft Exchange Server Question: Why is there two? Answer: In case one breaks Question: What is this? Answer: A Standard FreeBSD Firewall Question: What is this? Answer: A Standard FreeBSD Firewall Question: Why is there two? Answer: In case one breaks Question: What is this? Answer: A Standard Cisco 1900 E1 Router Question: What is this?

Answer: A Standard Cisco 1900 E1 Router Question: Why is there two? Answer: In case one breaks

This went on and on for a quite a while, till the Public Prosecutor had enough and asked a simple question. Question: Why do you have two of everything? Answer: Redundancy, this is my home office and I have very little need for my actual office it is primarily used for meeting and special projects, when I outsource workers to complete the projects. He asked a follow up question to that answer, Question: Why do you have two dedicated E1 connections to the Internet? Answer: Redundancy, the Internet service providers are so unreliable, that this is the only way to maintain Internet service. I need it available at any time to access my clients remotely and resolve their issues. There is no special license needed to have this service for personal or business use. That ended the session and I was told to step out and wait in the hall. (I took my assistants mobile and again tried to reach the U.S. Embassy this time it was after hours. I again gave the details and again I was told I would receive a call straight way. I was then taken to another hall, handcuffed, and told to stand next to the wall. I stood there with my lawyer for several hours and then finally I was told that the court issues a Five Day hold on me and I would be taken to the jail. I will briefly discuss the five days in jail because it pertain to U.S. Embassys responsibility to it citizens. I was placed in a tiny cell with approximately 60 otherswere I remained for the next five days. There was no running water but for once a day if we were lucky. There was no food, nothing but the floor to sleep on and there was no clean water to drink. The Embassy was called every day for the five days prior to my next hearing. Not one call was returned during six days of calling. I got sick on the second day because I was forced to drink unclean water from the tap, which was collected daily when the water was turned on. I managed to have a visit the second day from my Egyptian Assistant that knew I would have not have food, water, blankets and would need medication for drinking unclean water. Also on the second day I was woke by an Egyptian in my cell that got the National News Paper to show me that I was on the front page of the paper. He could speak English ok and translated that I was charged with selling International Phone Calls! On the fifth day I was taken back to the court. Went in front of the judge, my lawyers and the Judge had a hard discussion in Arabic. Then my lawyers told me that I would be released but, I had to post a bond of 15,000 LE which at the time was approximately 2,800 Dollars. I said ok, they said ok, and we step out. I took my lawyers phone and called my business partner to have me bailed out. I did not get to leave that day. They kept me at the court till late that night and then took me back to the jail.

The next day I was taken to the State Security Offices and detained there. I sat around most of the day, taken out once or twice to stand before some State Security Officer while he signed some documents. Finally right before the end of the day an officer and said sign this! I ask what it is, he said it was notice of Travel Ban and that I could not leave the country till the issue was resolved. That finished the day and I was taken back to the Jail and locked up once again. The next day I was moved to another cell for the people being released and waited. Some hours later I was taken upstairs to be processed out or So I thought An officer came and instead of being released took me back to the State Security Office. I waited for several hours in the waiting area. After four or five hours the officer was given a sealed envelope and we left We grabbed a taxi and the officer opened the envelope and said you have been released. We went back to the jail I paid for the taxi got my stuff and left for home. On the way home I phoned the U.S. Embassy the after-hours operator took my information and stated I will receive a call tomorrow. I said no... I want to speak to the Duty Officer now! After a little yelling she made the transfer. I spoke to the Duty Officer explained what happened, thanked the Embassy the complete disregard. He apologized and promised a call the next day to assist. That did not occur and I did not call again. The next day my lawyers went to court to get the file and start working on my case. The file was gone and the court office said the case has been transferred to State Security Court in Cairo. When asked why they were told that the charges have been changed to Spying The lawyers ask for whom? The court official said for America! I decided to do a little information gathering 3 weeks later. I arranged a meeting at USAID. The agency that funded the establishment of the NTRA (Nation Telecommunication Regulatory Authority). The accusing agency against me in my case. I had my meeting gathered the information and left. To my amazement I received a call from the Embassy. It was a low level American Services Agent. She asked did you get arrested I responded with a question, what was your clue? The phone call I made the second the police were at my door 4 weeks ago? The six days of phone calls from my Lawyers, Friends, Family, Business Partners & Employees? The front page newspaper article in the National Paper, listing my full name, nationality, and theoretical charges? Or was it the letter that was sent in advance of my arrest from the State Security Forces that said they were going to arrest me?

She was quiet I said the simple answer is yes; I was arrested, and now Im being charged with Spying for America. We end our call and I never received another call from the U.S. Embassy. After two years of my case sitting in a Cairo Court l, my lawyers requests for a meetings with prosecutors being delayed over and over again, I took matters into my own hands. In January 2011 I went to Cairo and started knocking on doors making noise. There was a slight hiatus during the Revolution, but when things calmed down in February I went back.

I thought now would be a good time because the State Security Agency that came after me was now shutdown. I had meeting with the New National Security (Same guys different shirts) and they said they will get things resolved directly, come back next week after we have had time to review your status.

I came back a week later as they requested but the New National Security Officers did not want to meet with me! I did not accept their disregard and would not leave. They threatened to arrest me, I said do it! Then finally they took interest and they asked me to come and drink tea and talk. We had a discussion and I was promised answers and to come back the following week. I came back the next week to meet the officer that I had the appointment with. The officer refused to meet and was very aggressive toward me. I again refused to leave, and very strong words were exchanged about the complete disrespect! Again threatened with being arrested over this matter, this time I left I went the Public Prosecutor office in the Main Court in Cairo that was in charge of civilian prosecution. I met the main Prosecutor in charge of all court cases in Egypt. We had a discussion, filed some papers, and I was promised oversight to this issue by his office. The Public Prosecutor Office appeared to have kept their word! A few weeks later I received notice that the New National Security had cleared me of spying charges. They also stated that the equipment that was seized was not for spying or telecommunications the seized equipment was standard, normal equipment. This letter was sent to the Regional Court in Hurghada were I was arrested. The case against me in the State Security Court was dismissed. Now with the evidence being gone and stated to be just normal computers and equipment by National Security this little saga would be over That did not happen. The case was transferred to the Economic Court the special for Technology or Telecommunication issues. The judge reviewed the case, my lawyers present their arguments. A month later I was notified that I was sentenced to prison for 1 year and had a 200,000 Egyptian Pound fine. (Which is about $37,000 dollars) I contacted the U.S. Embassy was told that they were not allowed to interfere in the Egyptian Judicial Process you have a lawyer and you have an appeal date. Pressing the issue I stated that the spying charges were dropped and the Travel Ban should have gone with it but it did not. Economic Court cases are not justification for a Travel Ban. Again I received the response from the U.S. Embassy, We were not allowed to interfere in the Egyptian Judicial Process You have a lawyer and you have an appeal date. I promptly fired my lawyers! Hired a new lawyer and made ready for the appeal. The appeals have been delayed for every monthly date for the past year and counting. I contacted the U.S. Embassy again and got the same answer. They stated that they were not allowed to interfere in the Egyptian Judicial Process you have a lawyer and you have an appeal date.

Pressing the issue againThey agreed to look into the Travel Ban. A few weeks later I received and email asking me to call. I called and was told Yes you have a Travel Ban and they said it would be lifted when the case was resolved. Pressing the issue and got We were not allowed to interfere in the Egyptian Judicial Process You have a lawyer and you have an appeal date. Have a Nice Day! Here I am 3 full years later. The case delayed every month and no support from the Embassy! I see the Embassy & the Government involved with citizens every week if they are in the Global Media or if they happen to be part of an NGO, or the son of someone in the government ie... The U.S. Secretary of Transporations son who is currently held up in the U.S. Embassy. Why is ok for the Egyptian Judicial Process to be ignored for those deemed worthy by the Embassy and the Government? Let's talk about the other Americans, "Joe Citizens" that can't leave Egypt due to false allegations? Not just the NGO's, the affluent, or in the Global Media! Equal support by our government when our citizens face issues against them is all I have ever asked! John Forsythe Email: stuckinegypt@gmail.com

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