Dispute of execution of the verdict issued by the constitutional court concerning the non constitutionality of allowing the President of the Republic to arrest without abiding to the criminal procedures

Type: Constitutional

Case no.: 61 constitutional judiciary year 38 “execution dispute”

Case Year: 2017

Adverse: Mohamed Fahim Hussein Abdul Halim Hammad

Representation: Appellants



Verdict Date: 30-7-2017

Judges: President – Abdul Wahab Abdul Raziq

Members – Hanafi Ali Gebali  – Said Marie Amr  – Mahmoud Mohamed Ghoneim – Hatem Hamad Begato – Bolos Fahmi Eskandar – Mohamed Emad Al Naggar

Court: Supreme Constitutional Court
Subject Lawsuit and no.: 308 year 2010 Al Zaytoun Crimes registered 2010 inclusive west Cairo of subject that the Public Prosecution attributed to the appellant that he during the period from 2006 to 21-7-2009 in Al Zaytout police station, Cairo governorate, established and managed the leadership of a terrorist group (al Walaa wa al Baraa brigades) and providing this group with financial aids, the Cairo Criminal Court issued in 15-6-2014 a verdict of the acquittal of the appellant and others from the accusations attributed to them and condemned the rest of the defendants of the accusations, in 21-9-2014 the Prime Minister ratified the verdict in the condemnation part and ordered to retrial the appellant and the rest who were found innocent. In 8-10-2016 the Cairo Criminal Court in the Supreme State Security – emergency ruled in absentia to punish the appellant with execution, the court built its verdict on the evidence of the validity of arresting the defendants and searching them, and what resulted from this of evidence as the authorities acquired the detention decisions from the minister of Interior Affairs according to the authority he owns with the duty of the first provision of the article 3 of law no. 162 year 1958 concerning emergency law. The Supreme Constitutional Court ruled in session dated 2-6-2013 in the case no. 17 constitutional judiciary year 15 of the non constitutionality of the first provision of the article no. 3 of the law 162 year 1958 of granting the President of the Republic an authority to allow arresting, detention and searching personnels and places without abiding to the provisions of the law of criminal procedures and the verdict was published in the official newspaper in the issue no. 22 of date 3-6-2013 . The appellant sees the verdict in absentia issued to punish him with execution is an obstacle that hinders the execution of the Supreme Constitutional Court’s verdict issued in case no. 17 year 15 constitutional judiciary year as mentioned therefore he filed this suit.

Appealed Against: The President of the Republic – Prime Minister – Minister of Justice – Head of the Supreme Judiciary Council – Head of the Cairo Appealing Court – Public Prosecutor – Head and members of the department no. 28 Cairo Crimes

Verdict Text:

The Court ruled to reject the suit and obliged the appellant to pay the expenses and an amount of 200 L.E. as attorney fees