معنية برصد انتهاكات حقوق التعبير في حق الأفراد و المؤسسات.

The Deans of the Faculties of Law in Ain Shams University and Mansoura University disregard the verdicts of the Administrative Court

The Association for Freedom of Thought and Expression (AFTE) warns from the direction taken by the Deans of the Faculties of Law in their disregard to the verdicts of the administrative court in favor for the students which state depletion of the disciplinary decisions issued in their faculties. AFTE demands the Deans to stop these practices and this scandalous situation which constitutes a striking violation to the rights of these students with the violation of Egyptian and international laws. AFTE is more concerned regarding the implementation of such trend of incitement to impose more restrictions on the students’ rights to freedom of opinion

, expression and peaceful gathering or in incitement of taking revenge against some student activists belonging to ideological currents.

Information and verdicts acquired by AFTE’s lawyers indicate the continuation of non-commitment of Faculty Deans to implement judiciary verdicts. AFTE filed a lawsuit (no. 11974/63s) for the student Mustafa Mohamed El Meligy – the Faculty of Law Ain Shams University as a result of issuing a decision to prohibit him from taking the examinations of the first two subjects in the first semester because of a press interview. Although a verdict was issued to cease the implementation of the decision and the student informed the Dean with the verdict executive draft on April 15th 09, he refused to implement the verdict.

The University of Mansoura referred 12 Law students to the disciplinary council. Moreover, Prof. Ahmad Abdel Khaleq, Dean of the Faculty of Law, issued decision number 90 dated April 16th 09 expelling the students for a whole semester implementing the primary disciplinary council decision which includes prohibiting them from taking the exams. The students filed lawsuits no. 10756, 10757, 10758, 10759 for the year 31s before the administrative court in Mansoura. They demanded ceasing the implementation of the decision and depleting the disciplinary council decision. The court issued a verdict dated May 18th 2008 stating that the students should attend their exams and canceling the previously mentioned decisions. However, on May 30th 2008, when the students headed to take the second semester’s exams, they were not allowed to attend their exams according to the instructions of the Dean of the Faculty of Law, Mansoura University. These were the last two incidents in which the Deans, of the faculty of Law, in specific, disregarded the verdicts of the Administrative Court.

AFTE confirms that this direction violates article 123 of the Penal Code stating: “Any civil servant who uses his or her authority to prevent a court ruling from being implemented eight days after he or she receives a warning in this regard is punishable with detention or dismissal”.

AFTE warns that those engaged with teaching the law for students are the first to violate it. The State Council, in particular, is the first seed of government institutions on which society holds high expectations. However, these violations pull down all the basis based on which a State can build its institutions and law.

 

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