Archive for Abdel Moneim Abdel Maqsoud

The National Council for Human Rights (NCHR) on Tuesday called on the authorities to investigate violations and irregularities during the referendum and devise mechanisms to respond to complaints forwarded by civil society organizations.

The councils’ researchers said during a press conference Tuesday that the council had issued 50,000 authorizations for organizations and observers to supervise the referendum.

It has relayed 1,073 complaints to the High Judicial Elections Commission, including delayed opening of polling stations, influencing voters inside and outside stations, early closing of stations, collective voting and impeding observers.

Mohamed al-Damaty, head of the elections support unit, denounced sharp criticism of the council. “We spotted more violations than other observers,” he said.

Damaty also denied licensing, selectively, members of the Freedom and Justice Party, the political arm of the Muslim Brotherhood group, while disallowing others from observing the voting.

His colleague, Brotherhood lawyer Abdel Moneim Abdel Maqsoud, said there were fewer violations than in the referendum of March 2011 and the previous parliamentary elections.

“The referendum was successful in general and there was no violence,” Aswat Masriya, news website affiliated with Reuters news agency, quoted Abdel Maqsoud as saying.

The Islamist-backed constitution was put for referendum on two stages on 15 and 22 December. Several rights groups reported violations during the voting process, especially campaigners for and against the document trying to influence voters.

The opposition says the constitution, drafted mostly by President Mohamed Morsy’s Islamist allies, fails to guarantee personal freedoms and the rights of women and minorities. It says charter will lead to more problems in the most populous Arab nation.

Edited translation from Al-Masry Al-Youm
 

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The Administrative Court in Cairo referred the law regulating the Constituent Assembly to the Supreme Constitutional Court Tuesday, a decision that gives the Islamist-dominated assembly more time to draft the first constitution after the fall of former President Hosni Mubarak.

The Freedom and Justice Party described the decision as an opportunity to begin a national dialogue with various political and social sects over the anticipated constitution.   

In a statement on Tuesday, the FJP said the ruling represents “a new meeting point for all social groups to write a constitution that represents Egypt.”

The party said it renews its call for all political and social forces to give their suggestions on the document to the assembly.

Muslim Brotherhood lawyer Abdel Moneim Abdel Maqsoud described the Administrative Court's decision as "positive," saying it used its judicial powers properly and that the move will enable the assembly to finish its work and introduce the constitution to the people.

He added that the Supreme Constitutional Court needs at least two months to rule on the case, citing the law that obliges it to consider the cases 45 days after its referral.

The court was overseeing 48 lawsuits demanding the dissolution of the Constituent Assembly. Plaintiffs claim the assembly fails to proportionately represent various social sectors, and violates the interim constitution by including MPs as members.

Despite Abdel Maqsoud's statements, the move could further stoke tensions between Islamists and the constitutional court, given the tensions between both sides stemming from the court's decision in June to dissolve the Islamist-dominated People's Assembly.

The Administrative Court referred Law 79/2012, which granted the assembly immunity from dissolution, to the Supreme Constitutional Court, which will rule on the law based on the Constitutional Declaration that has governed the country since the fall of former President Hosni Mubarak.

The People's Assembly had approved the law on the same day of its formation two days before Parliament was dissolved. However, the Supreme Council of the Armed Forces refused to pass the law.

After decreeing the return of the People's Assembly, President Mohamed Morsy approved the stalled law to prevent the dissolution of the Constituent  Assembly.

Legal officials from the Muslim Brotherhood’s Freedom and Justice Party leaned heavily on the law during their pleadings to protect the work of the Constituent Assembly.

Plaintiffs against the Constituent argued that the manner in which the body was formed was illegal. Many of them were opposed to the heavy Islamist representation among assembly members.

Members of the Constituent Assembly expressed hope that today's decision and future court rulings would leave the body intact.  Assembly member Maged Shebeita said that the decision will give the assembly more time to finish a constitutional draft.

"This amount of time is sufficient to complete writing the constitution and submit it to Morsy, particularly since the assembly's mission ends on 12 December," Shebeita said.

Assembly spokesperson Waheed Abdel Meguid said the major challenge facing the assembly is not external threats but rather the differences among its own members on certain articles that constitute the pillars of the constitution.

Abdel Maguid added that with its decision, the Administrative Court has adopted the opinion which states that the law governing the formation of the assembly is legally correct, referring the legal problem to the Supreme Constitutional Court.

Meanwhile, leading Wasat Party figure and Constituent Assembly member Essam Sultan said the court's decision makes the assembly safe from "lurking and encroachments by those who do not believe in the separation of powers, even if the constitutional court declares the law unconstitutional."

Writing on his Facebook page, Sultan said that the decision is a victory for the Constituent Assembly, while it poses a dilemma for SCC.

The Supreme Constitutional Court last week rejected its status in the first draft of the new constitution, with court president Maher al-Beheiry labeled the articles pertaining to the court’s status "a step backwards and a flagrant intervention in the court's affairs."

But the court later said it had agreed upon amending the articles with the Constituent Assembly.

Sultan has prominently criticized what he calls "the politicized role of the court,” referring to its decision to dissolve Parliament in June.

“Some of [the SCC's] judges, led by Tahani al-Gebali, had given their opinion on the case openly, even before it was referred to them. This makes it improper for the Supreme Constitutional Court to decide on the law. The expected declaration of unconstitutionality will, however, be focused on the law issued by the People’s Assembly, rather than the Constituent Assembly that had been elected according to citizen will,” Sultan wrote.

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South Cairo Criminal Court on Thursday postponed the trial of two Muslim Brotherhood lawyers charged with insulting the Supreme Constitutional Court. 

Former MP Nasser Salem al-Hafy and Abdel Moneim Abdel Maqsoud are on trial for accusing the court of improper proceedings in the case that dissolved the People's Assembly in June.

Hafy and Abdel Maqsoud filed a complaint with the Public Prosecution in June saying the court had sent a copy of the ruling to state-run newspapers before the verdict was issued, indicating it had a pre-determined outcome. The prosecution denied the claim following investigations and accused Hafy and Abdel Maqsoud of insulting the court.

Edited translation from Al-Masry Al-Youm
 

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Two leading Muslim Brotherhood figures were absent Monday in the first session of their trial on charges of defaming the Supreme Constitutional Court.

The court decided to adjourn the trial to the next session, set for 11 October.

The law gives the right to those accused of misdemeanors to not attend the court session, provided they appoint a lawyer to plead for them.

The public prosecutor accused former MP Nasser al-Hafy and Abdel Moneim Abdel Maqsoud, the Brotherhood’s lawyer, of defaming the Supreme Constitutional Court after they released statements accusing the court of forging the verdict to dissolve the People’s Assembly in May.

The prosecution said the defendants falsely accused the court and its president of sending the verdict to dissolve the People’s Assembly to the print house to be published in the Egyptian Gazette, the official bulletin in which laws are published, before the hearing session was held and the verdict was declared.

Edited translation from MENA

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Abdel Moneim Abdel Maqsoud, a Muslim Brotherhood lawyer, said that the Administrative Court would "open the gate to hell" in Egypt if it dissolved the Constituent Assembly tasked with drafting a new constitution.

The lawyer said in a telephone call to Akher al-Nahar talk show with presenter Khaled Salah, on privately-owned channel Al-Nahar, that if the Constituent Assembly were disbanded, no other Constituent Assembly would be able to complete the task of drafting a constitution. This is because, he said, it's work would be continuously interrupted by demands for its dissolution by a court.

Abdel Maqsoud said that those who have filed lawsuits against the Constituent Assembly are motivated by a desire to exclude the Muslim Brotherhood.

He pointed out that President Mohamed Morsy has the right to form a new Constituent Assembly if the current one were dissolved. "But we hope the assembly continues its work," he added.

The current Constituent Assembly was elected by the members of the People's Assembly and the Shura Council before the dissolution of the People's Assembly.

Edited translation from Al-Masry Al-Youm
 

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The Union of Revolutionary Youth filed a lawsuit Wednesday at an administrative court to halt the president's decision to form the National Council for Human Rights, asserting that his decree "did not conform to the proper standards and basis for selection [of members]."

Union spokesperson Tamer al-Qadi, the plaintiff, told Al-Masry Al-Youm that the selection of the council members was based on "the political interests of the Muslim Brotherhood.

The head of the group's Legal Committee, Hussein Hassan, described the presidential order to form the National Council for Human Rights as an "abuse" of international treaties.

According to Coordinator General of the union and Constituent Assembly member Mohamed Saeed, the union is also "in the process of filing a lawsuit to halt the decree to form the Supreme Press Council in the near future."

Saeed stressed that, "It would have been better to wait until the completion of the new Constitution, especially the chapter on freedoms, before establishing various government councils, including the press and human rights."

National Council for Human Rights members were chosen by the Shura Council's General Committee, which is dominated by the Muslim Brotherhood. Most of those chosen have an Islamist background, including the acting head of the council, Judge Hossam al-Gheriany, who leads the Constituent Assembly tasked with drafting the constitution and who is known to have Brotherhood sympathies.

Other members known for their Islamist orientation include former presidential candidate for the Salafi Asala Party Abdullah al-Ashal, former Salafi Nour Party MPs Talaat Marzouk and Abdallah Badran, and pro-Brotherhood preacher Safwat Hegazy. Muslim Brotherhood leaders Mohamed al-Beltagy, Mahmoud Ghozlan, Mohamed Tosoun and Hoda Abdel Moneim, as well as the group’s lawyer Abdel Moneim Abdel Maqsoud, were also appointed to the council.

The decree to form the council has faced criticism from several activists and organizations, including the Free Egyptians Party, whose Ahmed Khairy questioned the council’s criteria for selection.

Edited translation from Al-Masry Al-Youm

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The Shura Council’s general committee on Tuesday made new appointments to the National Council for Human Rights (NCHR), Egypt’s governmental watchdog, choosing mostly members with an Islamist background.

The NCHR was formerly dominated by the now dissolved National Democratic Party. The regime of ousted President Hosni Mubarak used the council to polish its tarnished record of human rights abuses.

The committee appointed Judge Hossam al-Gheriany, the current head of the Constituent Assembly who is known to have Brotherhood sympathies, as the acting head of the NCHR. Socialist Popular Alliance Party member Abdel Ghaffar Shokr was named as Gheriany’s deputy.

Many members are known for their Islamist orientation, including former presidential candidate for the Salafi Asala Party Abdullah al-Ashal, former Salafi Nour Party MPs Talat Marzouk and Abdallah Badran, and pro-Brotherhood preacher Safwat Hegazy. Muslim Brotherhood leaders Mohamed al-Beltagy, Mahmoud Ghozlan, Mohamed Tosoun and Hoda Abdel Moneim, as well as the group’s lawyer Abdel Moneim Abdel Maqsoud, were also appointed to the council.

Other figures appointed to the NCHR are doctor and writer Amire Abouel Fotouh, Constituent Assembly member Ehab al-Kharrat, economic expert Abdel Khaleq Farouk, former MP Marian Malak, lawyer Fahmy al-Damati, and Coptic activist and professor Mona Makram Ebeid. Activists Ahmed Harara, Mohamad Zarea, Tarek Mouawad, Hanna Gerges, Ahmed Seif al-Islam and Wael Khalil were also named to the council.

The NCHR’s secretary-general will be elected among the 25 members or be appointed from outside the council in accordance with its established law, sources at the Freedoms and Justice Party said.

The Free Egyptians Party criticized the new formation of the council. Free Egyptians Party spokesperson Ahmed Khairy questioned the council’s criteria for selection.

“The Shura Council’s choices reveal how absurd it is. When it chooses Safwat Hegazy as a member of the National Council for Human Rights, it definitely does not know what it is doing,” said Khairy.

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Dozens of lawyers protested in front of the High Court on Thursday to denounce alleged attempts to censor and influence the media and what they called “the brotherhoodization” of the press.

During the protest organized by the Lawyers Syndicate’s Freedoms Committee, the demonstrators released a statement that alleged “there is a fierce attack on the freedom of the press led by the Muslim Brotherhood to silence all voices opposing them and to control the country.”

They will accept nothing less than a civil state, the protesters declared, stressing the importance of uniting political forces to confront any attacks on freedom.

“No one in the country is above criticism, and it is the right of any citizen to criticize anyone in the state,” demonstrators said.

Penalties for insulting the president came under particularly harsh criticism from the protesters, who claimed such laws do not exist in democratic countries. They raised banners bearing the phrase, “For the freedom of the press and the media and for a free country and a civil state,” while chanting, “A lawyer and journalist, one hand,” “Bread, freedom, social justice,” and “Down with the rule of the Supreme Guide [of the Muslim Brotherhood].”

Some passers-by were angered by the slogans chanted against the Muslim Brotherhood and President Mohamed Morsy. They clashed verbally with the protesters and began chanting slogans in favor of the president and the Brotherhood.

The lawyers’ protest also demanded the immediate release of Abdel Moneim Abdel Maqsoud and Nasser Salem al-Hafy, lawyers and members of the political bureau of the Freedom and Justice Party who were referred to criminal court on charges of insulting the Supreme Constitutional Court.

Maqsoud and Hafy allegedly accused the SCC of falsifying the ruling that dissolved the People’s Assembly on 14 June.

Ahmed Yehya, one of the organizers of the protest, said that the charges against Abdel Maqsoud and Hafy are unacceptable and fall within the suppression of freedom of opinion. Any citizen has the right to express their opinion regarding anything, even if it is a criticism against the constitutional court or the head of the state, he declared.

Edited translation from Al-Masry Al-Youm
 

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The Muslim Brotherhood rejects fatwas that call for killing demonstrators participating in the planned 24 August protests, said MB lawyer Abdel Moneim Abdel Maqsoud on Wednesday.

 “Peaceful demonstration is a guaranteed right to all,” he said, “and vandalism will be dealt with by the authorities.”

Abdel Maqsoud also denied media reports alleging that the Brotherhood is developing a plan to face the protests. “The group is prepared to defend its offices in legal ways,” he said.

Edited translation from MENA

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Hundreds of lawyers gathered at the Supreme Court in downtown Cairo on Wednesday to protest last Thursday’s decision to try two of their colleagues before the criminal court on charges of insulting the Supreme Constitutional Court.

Some 300 hundred lawyers affiliated with the Freedom and Justice Party gathered before the court building, later joined by their independent colleagues. Deputy Public Prosecutor Adel al-Saeed met with 10 protesters for over half an hour to discuss their objections to the case.

After the meeting, Saeed said that there was no going back on the prosecution’s decision to send the lawyers to trial, and that the case is now in the hands of the court.

Last July, the prosecutor’s office began investigating claims filed against lawyer and former Freedom and Justice Party MP Nasser Salem al-Hafy and FJP lawyer Abdel Moneim Abdel Maqsoud. The charges alleged that the lawyers had accused the court of forging the ruling that dissolved the People's Assembly on 14 June.

Hafy and Abdel Maqsoud filed a complaint with the general prosecutor saying that the Supreme Constitutional Court had sent a copy of the ruling to state-run newspapers before the court had decided on the case. The prosecution said investigations showed their claim was false, and accused Hafy and Abdel Maqsoud of insulting the court.

Edited translation from MENA

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