Case no.: 160 constitutional judiciary year 36
Case Year: 2016
Adverse: Tarek Mohamed Al Awadi
Representation: Appellants
Verdict:
Verdict Date: 3-12-2016
Judges: President – Abdul Wahab Abdul Raziq
Members – Hanafi Ali al Gebali – Mohamed Khairi Taha al Naggar – Adel Omar Sherif – Ragab Abdul Hakim Selim – Bolos Fahmi Eskandar – Hatem Hamad Begato
Court: Supreme Constitutional Court
Subject Lawsuit and no.: 51801 judiciary year 68 filed by the appellant requesting the suspension of the decision issued to prevent him from organizing a march in Hadaeq al Qobba district, with what results from this, specially determination of another date to organize this march
The legal text appealed against: Article no. 8 of the decision of the law no. 107 year 2013 stating “Whoever wants to organize a public meeting or marching a parade or demostration to submit a written notification the police station or police center in the district of the public meeting or the parad/ demonstration. The notification has to take place at least three working days before the public meeting, parade and demonstration and maximum 15 days, this period is shortened to 24 hours if the meeting is electoral, providing that to submit the notification hand to hand or through an officer. The notification should include the following data and information: 1- The place of the public meeting or the place and the destination of the parade or demonstration. 2- The date and time the start and end of the public meeting or the parade/ demonstration 3- The subject of the public meeting, parade or demonstration, its aim, requests and slogans 4- Named of the individuals or the body organizing the public meeting, parade or demonstration, their capacity, residence and contacts
The tenth article of the decision of law no. 107 year 2013 stating: “it is allowed for the Minister of Interior or the compentent security director, in case the security authorities acquire – and before the date and time determined to launch the public meeting, parade or demonstration – serious information or evidence that the security and peace are threatened to issue a decision with elaborated reasons to prevent the public meeting, parade or demonstration or delaying or transforming or changing its destination, providing that the parties who submitted the notifications are notified by this decision 24 hours before the determined time at least. Without violating the competence of the administrative judiciary court, it is allowed to the parties submitted the notification to file a complaint against the prevention or the delay and submit it to the judge of the urgent matters in the primary competent court providing that the decision should be issued urgently
The Constitutional text claimed to be violated:
Article 1 stating:
The Arab Republic of Egypt is a sovereign state, united and indivisible, where nothing
is dispensable, and its system is democratic republic based on citizenship and the
rule of law.
Egypt is part of the Arab nation and enhances its integration and unity. It is part of
the Muslim world, belongs to the African continent, is proud of its Asian dimension,
and contributes to building human civilization.
Article 4 stating:
Sovereignty belongs to the people alone, which exercises it and protects it. They are
the source of power. They safeguard their national unity, which is based on the
principle of equality, justice and equal opportunity between citizens, as provided in
this Constitution.
Article 5 stating:
The political system is based on political and partisan multiplicity, the peaceful
transfer of power, the separation and balance of powers, authority going with
responsibility, and respect for human rights and freedoms, as set out in the
Constitution.
Article 15 stating:
Striking peacefully is a right which is organized by law.
Article 53 stating:
Citizens are equal before the law, possess equal rights and public duties, and may not
be discriminated against on the basis of religion, belief, sex, origin, race, color,
language, disability, social class, political or geographical affiliation, or for any other
reason.Discrimination and incitement to hate are crimes punishable by law.
The state shall take all necessary measures to eliminate all forms of discrimination,
and the law shall regulate the establishment of an independent commission for this
purpose.
Article 65 stating:
Freedom of thought and opinion is guaranteed.
All individuals have the right to express their opinion through speech, writing,
imagery, or any other means of expression and publication.
Article 73 stating:
Citizens have the right to organize public meetings, marches, demonstrations and all
forms of peaceful protest, while not carrying weapons of any type, upon providing
notification as regulated by law.
The right to peaceful, private meetings is guaranteed, without the need for prior
notification. Security forces may not to attend, monitor or eavesdrop on such
gatherings.
Article 85 stating:
Each individual has the right to address public authorities in writing and in signature.
No address shall be made in the name of groups except for legal persons.
Article 87 stating:
The participation of citizens in public life is a national duty. Every citizen has the right
to vote, run in elections, and express their opinion in referendums. The law shall
regulate the exercise of these rights. Performance of these duties may be exempted
in cases specified by the law.
The state shall enter the name of every citizen in the voter registration database
without request from the citizen himself, once the citizen meets voting
requirements. The state shall also purge this database periodically in accordance
with the law. The state guarantees the safety, neutrality and fairness of referendum
and election procedures. The use of public funds, government agencies, public
facilities, places of worship, business sector establishments and non-governmental
organizations and institutions for political purposes and electioneering is forbidden.
Article 156 stating:
In the event that the House of Representatives is not in session, and where there is a
requirement for urgent measures that cannot be delayed, the President of the
Republic convenes the House for an emergency session to present the matter to it. In
absence of the House of Representatives, the President of the Republic may issue
decrees that have the force of law, provided that these decrees are then presented
to the House of Representatives, discussed and approved within 15 days from the
date the new House convenes. If such decrees are not presented to the House and
discussed, or if they are presented but not approved, their legality is revoked
retroactively, without the need to issue a decision to that effect, unless the House
affirms their validity for the previous period, or chooses to settle the consequent
effects.
Article 190 stating:
The State Council is an independent judicial body that is exclusively competent to
adjudicate in administrative disputes, disciplinary cases and appeals, and disputes
pertaining to its decisions. It also solely competent to issue opinions on the legal
issues of bodies to be determined by law, review and draft bills and resolutions of a
legislative character, and review draft contracts to which the state or any public
entity is a party. Other competencies are to be determined by law.
Article 192 stating:
The Supreme Constitutional Court is exclusively competent to decide on the
constitutionality of laws and regulations, interpret legislative texts, and adjudicate in
disputes pertaining to the affairs of its members, in disputes between judicial bodies
and entities that have judicial mandate, in disputes pertaining to the implementation
of two final contradictory rulings, one of which is issued by any judicial body or an
agency with judicial mandate and the other issued by another body, and in disputes
pertaining to the implementation of its rulings and decisions.
The law defines the Court’s other competencies and regulates the procedures that
are to be followed before the Court.
Article 206 stating:
The law regulates public mobilization and defines the conditions of service,
promotion and retirement in the armed forces.
The judicial committees for officers and personnel of the armed forces are
exclusively competent for adjudicating in all administrative disputes pertaining to
decisions affecting them. The law regulates the rules and procedures for challenging
the decisions of these committees.
Appealed Against: The president of the Republic – Prime Minister – Minister of Interior – Cairo governor – Hadeq al Qobba police station supervisor
Verdict Text: The court ruled of the non constitutionality of the first paragraph of the tenth article of the presidential decision of law no. 107 year 2013 concerning organizing the right of public meetings and peaceful demonstrations and the suspension of the second paragraph of the article, and rejected the rest of the requests, obliging the government to pay expenses and an amount of 200 L.E. as attorney fees.
