Archive for Cairo Administrative Court

Egypt’s High Judicial Elections Commission announced the final results of the referendum on the new constitution, with the official “yes” vote amounting to 63.8 percent.

Samir Abul Maati, head of the HJEC, said in a conference late Tuesday that out of 51,919,067 eligible voters, 17,058,317 cast their ballots, equaling a turnout of 32.9 percent.

A total of 10,693,911 voted in favor of the new constitution, while 661,101 or 36.2 percent said “no.” Invalid ballots totaled 303,395.

The draft constitution was put to a referendum over two stages, with 10 governorates voting on December 15 and the remaining 17 voting a week later.

The final results were close to preliminary tabulations, which showed an approval rate of 64 percent.

The commission says it has thoroughly reviewed all the complaints it received on violations, adding that the referendum was held under full judicial supervision at all polling stations since the electoral system prohibits non-judicial officials from overseeing the process.

The commission also allowed media personnel into polling stations by showing their press cards or other credentials, and observers were allowed to use the licenses issued them for the presidential election.

Abul Maati said that the late opening of some polling stations was made up for through the extension of voting hours, adding that results from the few polling stations that closed before the set time of 11 pm were invalidated.

On Monday, the Cairo Administrative Court said it would review around 50 lawsuits calling for the cancellation of the constitutional referendum results. The lawsuits allege that the voting process was plagued by violations including inadequate judicial oversight and overcrowded polling stations, which prevented thousands of voters from casting their ballots.

The suits further claim that holding the referendum over two days was also unlawful, as it is in violation of the March 2011 Constitutional Declaration and Law No. 46 of 2011 on exercising political rights, which stipulates that the referendum should be held in one round with results announced three days later.

The Islamist-backed constitution has widened the rift between political forces, with opponents arguing that the assembly which drafted is unrepresentative and that the document itself is riddled with vague wording while failing to safeguard rights and freedoms.

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The Cairo Administrative Court at the State Council on Tuesday will begin reviewing over 50 lawsuits from across the country challenging the legitimacy of the vote on Egypt’s new constitution, which ended on Saturday.



Plaintiffs are demanding that the announcement of the final results, scheduled for this evening,  be postponed. They claim that voting was marred by several violations, including inadequate judicial supervision because of many judged boycotting the poll. Petitioners said this resulted in several polling stations being merged, causing overcrowding that prevented thousands of voters from casting their ballots.


Former MP Youssef al-Badry and Lawyers Syndicate member Sabry Etman had filed a lawsuit at the Kafr al-Sheikh Administrative Court against President Mohamed Morsy’s invitation to vote on the new charter. They said the process, conducted over two days, violated Article 60 of the March 2011 Constitutional Declaration, which stipulated a one-day poll.




Edited translation from Al-Masry Al-Youm Website



 

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The Cairo Administrative Court on Tuesday would review around 50 lawsuits calling for the cancellation of the constitutional referendum results.

The administrative courts in several governorates had referred lawsuits to the Cairo court, as it had reviewed similar cases last week and postponed them to Tuesday. Fareed Nazeeh, the court head, would review them and issue one ruling as they are related to the same issue.

The lawsuits allege that the voting process was plagued by violations including inadequate judicial oversight and overcrowded polling stations, which prevented thousands of voters from casting their ballots.

The suits further claim that holding the referendum over two days was also unlawful, as the unofficial announcement of the first stage’s results affected voters in the 17 governorates that voted in the second stage.

One-third of voters, according to the lawsuits, were unable to cast their ballots, indicating intentions to achieve a particular result.

Edited translation from Al-Masry Al-Youm

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The Alexandria Administrative Court ruled Thursday that the Interior Ministry must reinstate bearded police officers to their posts after the Interior Ministry issued a decision in March that bearded officers should be taken off active duty.  

This comes after a ruling the Alexandria court made in May that would allow police officers to wear beards, despite existing regulations that held otherwise. Since then, Alexandria and Cairo courts have disputed the issue.

The Alexandria Administrative Court said that officers should only be taken off active duty if they are found to commit an act of such gravity that it is necessary to immediately remove him without first following normal disciplinary procedures.

A major in Alexandria's Al-Hadra prison had filed a lawsuit demanding to reverse the interior minister’s decision to demote him due to his beard. The officer contended that growing his beard does not contradict rules regarding the general appearance of officers.

The Interior Ministry had decided that the officer was in violation of regulations regarding police officers’ appearance and uniforms, which hold that they may not grow beards or long hair.

Administrative judiciary circuits in Alexandria, Beheira and Tanta have all ruled against the Interior Ministry’s decision, while the Cairo Administrative Court upheld the ministry’s decision on Wednesday. The Supreme Administrative Court will review all of the verdicts and make a final ruling on the issue.

Edited translation from MENA

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The Cairo Administrative Court on Wednesday upheld the Interior Ministry's decision to refer policemen who grow their beards to a disciplinary council, state-run news agency MENA reported.

The beard is considered by some Islamic thinkers to be a sign of a man’s commitment to his faith, but regulations bar police officers and army officers from growing beards or long hair. 

A group of policemen who decided to grow their beards had filed a lawsuit against Interior Minister Mohamed Ibrahim calling for the cancellation of a ministerial decree to refer any bearded police officer to a disciplinary council.

The policemen claim that the ruling was a violation of personal freedom and of Islamic Sharia, which is one of the main sources of legislation under the 1971 Constitution.

They also argued that the Interior Ministry used Article 41 of the Police Law to punish them even though this law does not outline what the punishable “duty violations” are.

Egypt's Grand Mufti Ali Gomaa said in a Fatwa that prominent Islamic scholars disagreed on to what extent the beard is religiously mandatory for Muslim men.

Wednesday's ruling contradicts a May ruling made by the administrative court in Alexandria which held that policemen are allowed grow their beards.

The Interior Ministry and bearded officers have the right to appeal both these rulings. The appeals would go to the Supreme Administrative Court to issue the final decision on the matter.

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Cairo Administrative Court halted the presidential election scheduled to take place in two weeks in a decision Wednesday evening, citing doubts over the constitutionality of a law banning former regime figures from participating in political life, said the website of the state-run daily Al-Ahram.

According to Al-Ahram’s website, the court also stopped the execution of bylaw No. 5/2012 issued by the Presidential Elections Commission, which calls on voters to go to the polls on 23-24 May.

The court allowed lawyer Wael Bahgat to file an appeal before the Supreme Constitutional Court, which will rule on the constitutionality of Article 1 of Law No. 17/2012, which banned figures of the former regime from holding high public office.

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The Muslim Brotherhood made a big mistake by nominating Khairat al-Shater for president, MP Amr Hamzawy said in an interview published by a Kuwaiti newspaper Wednesday.

“It’s not in the Islamists’ favor if the new president is an Islamist,” he reportedly said.

In an interview published in the paper Aljarida, Hamzawy called on the majority to “think rationally about the presidency issue,” saying that neither the Brotherhood nor its Freedom and Justice Party would benefit from monopolizing political life and controlling executive and legislative institutions.

Hamzawy said he would not return to the constitution-writing committee, which he described as “legitimately incomplete.” He referred to reservations he expressed during the joint meeting of the People’s Assembly and the Shura Council over procedures and methods of electing public figures from outside Parliament.

The problem, Hamzawy said, cannot be resolved by replacing the members who withdrew, because those who withdrew represented major institutions such as Al-Azhar, the Coptic Orthodox Church, the Supreme Constitutional Court, syndicates and civil society organizations.

“I don’t want to be in a committee where representation of women, youth, Copts, civil society and human rights organizations is weak,” the independent MP said.

Rejoining the assembly, especially after the Cairo Administrative Court halted its formation Tuesday, depends on a discussion of MP representation on the panel, Hamzawy said.

He said the Supreme Constitutional Court should review the draft of the constitution before it is put to a referendum.

Parliament’s performance is still not at the level it should be, he said.

“Time is being wasted. Important issues haven’t been resolved yet. Parliament works with a government that doesn’t help it perform its monitoring role. [The government] doesn’t accept being questioned by Parliament,” he said.

Hamzawy said the non-Islamist parliamentary bloc works more efficiently but still needs to improve.

Translated from MENA

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Ain Shams University has decided to cancel a forum hosting Muslim Brotherhood presidential candidate Khairat al-Shater until the Cairo Administrative Court rules on the validity of his nomination, a university official said Tuesday.

Hassan Omran, head of the general department for public relations and advertising at Ain Shams University, said the forum was originally scheduled for Wednesday.  

Lawyer Ahmed al-Kilany, coordinator for the National Association for Change, and a group of other lawyers had challenged Shater's nomination, saying he was released from prison on medical amnesty from Field Marshal Hussein Tantawi after the outbreak of the revolution and claiming the order was not legal.

Shater and other Brotherhood leaders were arrested in December 2006 after Brotherhood students at Al-Azhar University staged an on-campus demonstration in black suits.

In 2007, ex-President Hosni Mubarak referred them to military trial and in 2008, 25 of them received prison sentences ranging from three to 10 years after they were indicted on charges of money laundering and affiliation to a banned group.

The lawsuit claims Tantawi does not have the authority to issue the rehabilitation order Shater received.

To receive a rehabilitation order, a person is required to submit a request to criminal court six years after serving a sentence or receiving amnesty.

Even if Shater did receive a legal amnesty, he still cannot run because his name is not listed on voter lists and voter registration for this election ended on 9 March, the lawsuit says.

Translated from Al-Masry Al-Youm

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A group that advocates for changes to divorce and child custody laws has said its members will stage a protest Monday outside the People's Assembly in objection to a recent decision to reestablish the National Women’s Council. 

The group, which is named Egypt’s Men Revolution, has demanded that the government establish an alternative council for family rights and amend personal status laws. Leaders said they were prepared to extend the protest to an open-ended sit-in in case their demands were ignored.

"We demand a council for the family to restore balance to the community and return the cohesion of the family,” said Waleed Zahran, founder of the group.

Zahran said the group is calling for a council separate from the National Women’s Council, which included figures “known for their hostility toward men.” He said the leadership of the former women’s council was “sexist” and the council was “unconstitutional because of its discrimination.”

The council, founded in 2000 under a law issued by the former President Hosni Mubarak, was meant to reinforce the position of women in the country. However, the council has been heavily criticized by both secular and religious figures.

Secular feminists criticized Suzanne Mubarak’s involvement with the council, saying that it falsely portrayed her as an advocate of women’s rights.  Some Islamists also say that the council intends to corrupt the traditional values of Muslim women.

In December 2011, a lawsuit was filed with Cairo Administrative Court demanding the dissolution of the council. The plaintiffs said that the body was formed by members of the disbanded National Democratic Party and was used by the party to achieve nefarious objectives.

Members of Egypt’s Men Revolution, Zahran said, were dismayed that the new minister of justice has not amended laws that limit the amount of time that a divorced father can see his young children.  

A lawsuit has been filed against Field Marshal Hussein Tantawy, head of the ruling Supreme Council of Armed Forces, at the Supreme Administrative Court, for resurrecting the National Women’s Council.  Judge Abdallah al-Baga, head of the Family Court, said such a move is outside the field marshal’s jurisdiction, as he does not have the powers of a president.

"The National Women’s Council should be dissolved because it contributed directly to corrupting the social life in Egypt, just like the National Democratic Party which corrupted the political life through signing many international conventions that contradict the Islamic Sharia,” Baga said.  

Baga asked for the merger of the National Women’s Council and the National Council for Childhood and Motherhood, which would result in a single entity that could serve families’ needs and that would be independent from the president, he said.

Translated from Al-Masry Al-Youm

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