Pulic Title for the case: Appealing in constitutionality of articles no. 4, 7, 19, 21 of the Demonstration Code

Type: Constitutional

Case no.:  73 constitutional judiciary year 37

Case Year: 2015

Adverse: Hamdi Khalifa Ahmed Soleiman – Ahmed Mohamed Sayed Hussein

Representation: Appellants

Verdict Date: 17-5-2017

Judges: President – Abdul Wahab Abdul Raziq

Members –   Mohamed Khairi Taha al Naggar – Adel Omar Sherif –  Bolos Fahmi Eskandar – Mahmoud Mohamed Ghoneim – Mohamed Emad al Naggar – Abdul Aziz Mohamed Salman

Court: Supreme Constitutional Court

Subject Lawsuit and no.: the public prosecution accused the prosecutors and others in case no. 12021 year 2014 Qena center misdemeanors that on 22-7-2014 in Qena center department they participated with unknown persons in a demonstration violating public peace and security, and in the session of 29-3-2015 the prosecutors representatives claimed the non constitutionality of the law no. 107 year 2013 to organize the right of public meetings, parades and peaceful demonstrations, the court decided to postpone considering the suit to session dated 26-4-2015 and permitted the prosecutors to file a constitutional suit, so they filed the current suit

 

The legal text appealed against:

Article 4 of Law 107 year 2013 of organizing the right of public meetings, parades and peaceful demonstrations stating: A demonstration is a gathering of persons held in public or marching in roads and quarters exceeds 10 persons to peacefully express their opinions, demands or polical protests

Article 7 of Law 107 year 2013 of organizing the right of public meetings, parades and peaceful demonstrations stating:  It is not allowed to the participants in public meetings, parades or demonstrations to violate public security and order or hinder production or call for it or hinder citizens’ interests, harm them, or jeopardizing them or preventing them from practicing their rights, jobs or affect the path of justice or public services or disabling roads, transportations by land, sea or air, traffic or assaulting lives, public or private properties or jeopardizing them

Article 9 of Law 107 year 2013 of organizing the right of public meetings, parades and peaceful demonstrations stating:

the minister of interior issues a decision to form a permanent  committee in all governorates headed by directors of security in all these governorates to put procedures and measures for securing public meetings, parades and demonstrations notified for and ways to deal with it in case they deviated from peaceful path in accordance to the law provisions

Article 21 of Law 107 year 2013 of organizing the right of public meetings, parades and peaceful demonstrations stating:

Whoever organizes a public meeting, parade, or demonstration without a notification as stated in the article no. 8 of this law will be fined with an amount not less them 10 thousands L.E. and not more than 30 thousands L.E.

The Constitutional text claimed to be violated:

The suit was not considered

 

Appealed Against: The president of the Republic – Prime Minister – Minister of Interior

Verdict Text: The court ruled of rejecting the suit and confiscating the bail and obliged the prosecutors to pay expenses and an amount of 200 L.E. as attorney fees