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The Administrative Court accepts the appeal of AFTE and canceled the decision to dismiss student Omar Ali from the Taiba Higher Institute of Engineering

Publish Date : Wednesday, 15 December, 2021
Last Update : Monday, 29 April, 2024
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28 April 2024 

The Administrative Court (Sixth Circuit) accepted the appeal No. 57029 of 74, filed by AFTE and canceled the decision to dismiss student Omar Muhammad Ali from the Taiba Higher Institute of Engineering after proving that the student is imprisoned, and not absent as the institute claimed.

AFTE presented to the court at the April 21 session a report proving it informed the institute of receiving a certificate from the military prosecution proving AFTE’s claim that Ali was imprisoned and not absent. 

Omar is spending his eighth year in detention after he was sentenced to 25 years in prison on February 7th, 2016. Since then, he has been trying to continue his studies at Thebes Higher Institute of Engineering, Architecture Engineering department, as he was arrested while enrolled in the third year. 

21 April 2024: The Administrative Court scheduled the verdict of student Omar Ali’s case against the decision to dismiss him from the Taibah Higher Institute for 12 May session

The Administrative Judiciary Court will issue its verdict (Sixth Circuit) in appeal No. 57029 of 74, filed by AFTE against the Taibah Higher Institute’s decision to dismiss student Omar Muhammad Ali on 12 May. 

AFTE presented to the court at the April 21 session a report proving it informed the institute of receiving a certificate from the military prosecution, which proved AFTE’s claim that Ali was imprisoned and not absent. 

On 10 March, the judge decided that the institute should be informed in its legal domicile and not through the State Council, given that the institute’s representative did not attend the previous session.

AFTER insisted on reserving the case for ruling in the next session, which the court approved. 

Omar is spending his eighth year in detention after he was sentenced to 25 years in prison on February 7th, 2016. Since then, he has been trying to continue his studies at Thebes Higher Institute of Engineering, Architecture Engineering department, as he was arrested while enrolled in the third year. 

10 March 2024: The administrative judiciary returns the case of student Omar Ali’s appeal against dismissal him from the Taiba Higher Institute for pleading

The Administrative Court (Sixth Circuit) returned Appeal No. 57029 of 74, filed by AFTE against the decision of the Taibah Higher Institute to dismiss the student Omar Muhammad Ali, for pleading in the session of next April 21.

The court instructed AFTE to inform the institute of the receipt of a certificate from the military prosecution proving AFTE’s claim that Ali was imprisoned, and not absent.

The judge decided that the institute should be informed in its legal domicile and not through the State Council, given that the institute’s representative did not attend the previous session.

The defense filed a request on November 6 to postpone the hearing session, awaiting the statement of military prosecution, indicating the student’s imprisonment and duration. This occurred after the court insisted the previous time to issue a rule without waiting for the statement. The student’s defense saw that this would lead to the rejection of the appeal, so it decided to request postponing the hearing pending the Military Public Prosecutor’s letter to the prosecution to approve the implementation of the Administrative Judiciary Court’s permit.

Omar is spending his eighth year in detention after he was sentenced to 25 years in prison on February 7th, 2016. Since then, he has been trying to continue his studies at Thebes Higher Institute of Engineering, Architecture Engineering department, as he was arrested while enrolled in the third year. 

28 January 2024: The Administrative Judiciary Court will issue its verdict in the case of dismissing student Omar Ali, who serve life sentence 

The Administrative Judiciary Court will issue its verdict on the 10th of March in the case no. 57029 of 74 filed by AFTE against the decision of Thebes Higher Institute of Engineering to permanently dismiss student Omar Mohamed Ali for dropping out of studies. 

The defense filed a request on November 6 to postpone the hearing session, awaiting the statement of military prosecution, indicating the student’s imprisonment and duration. This occurred after the court insisted the previous time to issue a rule without waiting for the statement. The student’s defense saw that this would lead to the rejection of the appeal, so it decided to request postponing the hearing pending the Military Public Prosecutor’s letter to the prosecution to approve the implementation of the Administrative Judiciary Court’s permit.

Omar is spending his eighth year in detention after he was sentenced to 25 years in prison on February 7th, 2016. Since then, he has been trying to continue his studies at Thebes Higher Institute of Engineering, Architecture Engineering department, as he was arrested while enrolled in the third year. 

 

17 December: The Administrative Judiciary Court postponed the hearing against dismissing student Omar Ali who serves life sentences

The Administrative Judiciary Court decided to postpone appeal hearing no. 57029 of 74 filed by AFTE against the decision of Thebes Higher Institute of Engineering to permanently dismiss student Omar Mohamed Ali for dropping out of studies to the 28th of January session pending the defense receipt of a military prosecution’s response to the student’s detention statement.

The defense filed a similar request on November 6 to postpone the hearing session, awaiting the statement of military prosecution, indicating the student’s imprisonment and duration. This occurred after the court insisted the previous time to issue a rule without waiting for the statement. The student’s defense saw that this would lead to the rejection of the appeal, so it decided to request postponing the hearing pending the Military Public Prosecutor’s letter to the prosecution to approve the implementation of the Administrative Judiciary Court’s permit.

Omar is spending his eighth year in detention after he was sentenced to 25 years in prison on February 7th, 2016. Since then, he has been trying to continue his studies at Thebes Higher Institute of Engineering, Architecture Engineering department, as he was arrested while enrolled in the third year. 

06 November 2023: The Administrative Judiciary Court postponed the hearing against dismissing student who serve life sentences

The Administrative Judiciary Court (Sixth Circuit) set December 17 as a date to adjudicate appeal No. 57029 of 74 filed by AFTE challenging the decision to permanently dismiss student Omar Mohamed Ali from Thebes Higher Institute of Engineering for dropping out of studies pending the defense receipt of a military prosecution’s response of the student’s detention statement.

The institute has been obstinate in the decision to dismiss the student on the pretext of dropping out of studies, despite knowing that the drop off was due to coercive circumstances that refrained him from attending lectures and taking exams, which is spending a life sentence in prison pending Case No. 174 of 2015 (West Cairo Military Felonies), and despite a court ruling in 2017 of enabling him to resume his studies and take his exams in prison per his legal right as a prisoner, stipulated in article 31 of the Prison Organization Law.

The institute’s intransigence in dismissing the student resulted in filing a lawsuit demanding to exercise his right as a prisoner to attend architectural engineering exams. The court has been postponing the examination of the appeal since November 2020 but insisted this time on setting the appeal and issuing a rule without waiting for the statement requested by the defense from the military prosecution stating the student’s imprisonment and the duration of it. The student’s defense saw that this would lead to the rejection of the appeal, so it decided to postpone the hearing one last time and provided a copy of the Military Public Prosecutor’s letter to the prosecution to approve the implementation of the Administrative Judiciary Court’s permit.

Omar is spending his eighth year in detention after he was sentenced to 25 years in prison on February 7th, 2016, He has been trying since then to continue his studies at Thebes Higher Institute of Engineering, Architecture Engineering department, as he was arrested while enrolled in the third year.

25 December 2022

The Administrative Judiciary Court (Sixth Circuit) set next January 23 as a date to adjudicate appeal No. 57029 of 74 filed by AFTE challenging the decision to permanently dismiss student Omar Mohamed Ali from Thebes Higher Institute of Engineering for dropping out of studies. The Court also authorized Omar’s defense to submit case-related documents for a week. 

Omar was arrested in 2015 while studying architecture at the institute back then. The Military Court sentenced him to 25 years in prison; during his custody, he tried to continue his studies inside the prison, and he submitted several requests to the institute’s administration, part of the requests was rejected, and the administration ignored the other part; however, the institute’s administration dismissed him for dropping out of studies despite the circumstances he is going through that prevent him from completing his studies in a normal matter. 

27 November 2022

On November 27, The Administrative Judiciary Court (Sixth Circuit Educational) set next December 25 as a date to re-prosecute appeal No. 57029 of 74 filed by AFTE against both the Minister of Education and the Dean of Thebes Higher Institute for engineering in their capacity, challenging the decision to dismiss the detained student Omar Mohamed Ali from Thebes Higher Institute of Engineering; as the institute requested a response to the documents and defenses that AFTE’s lawyer presented. 

 

AFTE filed the appeal in September 2020, after Ali was dismissed from Thebes Higher Institute of Engineering despite him going through compelling conditions that prevented him from attending his lectures and exams, represented in being detained in connection with Case No. 174 of 2015 (West Cairo Military Felonies).

Before AFTE files the appeal; Ali submitted several requests to the Institute’s administration to be able to continue his engineering studies inside prison, where some of these requests were rejected, and others were ignored. He previously filed a lawsuit before the  Administrative Judiciary Court. Although the court ruled to enable the student to take his exams inside the prison, the student’s defense received a letter from the institute stating that the student had been permanently dismissed for dropping out of studies. 

16 October 2022 “Administrative Judiciary Court to adjudicate appeal against dismissing detainee student Omar Mohamed Ali from Thebes Higher Institute of Engineering on November 27” 

On October 16, The Administrative Judiciary Court (Sixth Circuit Educational) set November 27 as a date to adjudicate appeal No. 57029 of 74 filed by AFTE challenging the decision to dismiss the detained student Omar Mohamed Ali from Thebes Higher Institute of Engineering. 

AFTE filed the appeal after Ali was dismissed from Thebes Higher Institute of Engineering despite him going through compelling conditions represented in being detained in connection with Case No. 174 of 2015 (West Cairo Military Felonies) against both the Minister of Education and the Dean of Thebes Higher Institute for engineering in their capacity to allow Ali to resume his studies inside prison. 

Ali submitted several requests to the Institute’s administration to be able to continue his engineering studies inside prison, where some of these requests were rejected, and others were ignored. He previously filed a lawsuit before the  Administrative Judiciary Court. Although the court ruled to enable the student to take his exams inside the prison, the student’s defense received a letter from the institute stating that the student had been permanently dismissed for dropping out of studies. 

25 September 2022 “Administrative Judiciary Court adjourns hearing of appeal against
dismissing detainee student Omar Mohamed Ali from Thebes Higher Institute of Engineering to October 16” 

The Administrative Judiciary Court (Sixth Circuit Educational) adjourned to next October 16 hearing to examine appeal No. 57029 of 74 filed by AFTE on behalf of student Omar Mohamed Ali, challenging the decision of dismissing him from Thebes Higher Institute for Engineering and against both the Minister of Education and the Dean of Thebes Higher Institute for engineering in their capacity.

The court decided to adjourn the hearing to authorize the defense of the student – who is serving a prison sentence in connection with Case No. 174 of 2015 (West Cairo Military Felonies)- to obtain a copy of the military court’s hearings schedules, to prove that the reasons for the student’s dismissal from the institute are due to a compelling excuse that he is serving a prison sentence pending a military case, and not due to dropping out of studies as stated in the institute’s response.

It should be noted that the student submitted several requests to the institute’s administration to allow him to continue his engineering studies inside prison, but his requests were either rejected or not responded to. He filed a lawsuit before the  Administrative Judiciary Court, and the court ruled to obligate the institute to enable the student to take his exams inside prison; however, the student’s defense received a letter from the institute stating that the student had been permanently dismissed for dropping out of studies after the court ruling.

28 August 2022 “Administrative Judiciary Court adjourns hearing of appeal against dismissing detainee student Omar Ali from Thebes Institute to September 25” 

Today, the Administrative Judiciary Court (Sixth Circuit Educational) adjourned to next September 25 hearing to examine appeal No. 57029 of 74 held on behalf of student Omar Mohamed Ali, sentenced to life in prison in connection with Case. No. 174 of 2015 (West Cairo Military Felonies); The court’s decision to adjourn the appeal came for the student’s defense to submit a certificate stating the period of his detention. 

The Association for Freedom of Thoughts and Expression filed the appeal in September 2020, challenging the decision of dismissing him from Thebes Higher Institute for Engineering and against both the Minister of Education and the Dean of Thebes Higher Institute for engineering in their capacity as the student filed several requests to the institute’s administration to allow him to allow his studies inside his prison cell, his requests were denied, and later he was dismissed from the institute for dropping of studies.

 

17 July 2022 “Administrative Judiciary Court adjourns hearing of appeal against dismissing detained student Omar Ali to August 28” 

Today, the Administrative Judiciary Court (Sixth Circuit Educational) adjourned to next August 28 hearing to look into appeal No. 57029 of 74, filed on behalf of student Omar Mohamed Ali, sentenced to life in prison in connection with Case. No. 174 of 2015 (West Cairo Military Felonies), challenging the decision of dismissing him from Thebes Higher Institute for Engineering; as the student’s defense requested a general power of attorney.

In September 2020, the Association for Freedom of Thoughts and Expression filed the appeal against both the Minister of Education and the Dean of Thebes Higher Institute for engineering in their capacity, as the student filed several requests to the institute’s administration to allow him to allow his studies inside his prison cell, his requests were denied and later he was dismissed from the institute for dropping of studies.

26 June 2022  “Examination session of appeal against dismissing detained student Omar Mohamed Ali from Thebes Higher Institute adjourned to 17 July” 

Today, the Administrative Judiciary Court (Sixth Circuit) adjourned to 17 July the examination of appeal No. 57029 of 74 filed by AFTE on behalf of student Omar Mohamed Ali, sentenced to life in prison in connection with Case. No. 174 of 2015 (West Cairo Military Felonies), over the decision to dismiss Ali from Thebes Higher Institute for Engineering.

The court’s decision to adjourn the appeal came for the student’s defense to submit a certificate stating that he is imprisoned in connection with Case No. 174 of 2015 (West Cairo Military Felonies) and to notify the second appellant, Thebes Higher Institute’s representatives to attend the hearings.

The Association for Freedom of Thoughts and Expression filed the appeal in September 2020 against both the Minister of Education and the Dean of Thebes Higher Institute for engineering in their capacity, after the student submitted more than a request to the Thebes Institute’s administration to allow him to resume his studies inside his prison cell. However, his requests were rejected and later the institute dismissed him permanently for dropping out of his studies.

29 May 2022 

Yesterday, the Administrative Judiciary Court (Circuit six) set next June 26 as a date to examine appeal No. 57029 of 74 filed against the decision to dismiss student Omar Mohamed Ali from Thebes Institute.

The Association for Freedom of Thoughts and Expression filed the appeal in September 2020 against both the Minister of Education and the Dean of Thebes Higher Institute for engineering in their capacity. The Court’s decision to adjourn the session came in order for the student to submit a certificate stating that he is imprisoned in connection with Case No. 174 of 2015 (West Cairo Military Felonies) and to notify the Thebes Higher Institute for engineering representatives to attend the hearings.

The events date back to when the student – convicted in connection with Case. No. 174 of 2015 (West Cairo Military Felonies) with life imprisonment-  submitted requests more than once to Thebes Institute’s administration to allow him to resume his studies inside his prison cell. However, the institute permanently dismissed him for dropping out of his studies.

12 December 2021 “State Commissioners Authority schedules the appeal against dismissing student Omar Mohamed Ali for reporting”

On Sunday, December 12, the State Commissioners Authority decided to schedule the appeal filed by AFTE against the decision to dismiss the third-year architecture student Omar Mohamed Ali from Thebes Institute, to prepare its report with the legal opinion.

The appeal bears No. 57029 of 74 against both the Minister of Education and the Dean of Thebes Higher Institute for engineering in their capacity. The events of the lawsuit date back to when the student – convicted in connection with case. No. 174 of 2015 (West Cairo Military Felonies) with life imprisonment at Tura Prison-  submitted requests more than once to Thebes Institue’s administration to use his legal right to resume his studies at the Institute and take his exams inside his prison. Still, the Institute’s administration was intransigent and rejected his requests, which prompted him to file a lawsuit to enable him to take his exams inside the prison before the Administrative Court; the Court issued its verdict accepting the appeal to allow the student to take his exams inside the prison while implementing the judgment he discovered that Thebes Institute decided to dismiss him permanently for dropping out of studies.

AFTE demanded the Administrative Judicial Court to accept the appeal in form and to stop the implementation of the decision to dismiss the student from the Thebes Higher Institute of Engineering and cancel it.

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Joint NGO letter on the EU’s macro-financial assistance to Egypt Joint NGO letter on the EU’s macro-financial assistance to Egypt and human rights We, the undersigned Egyptian, regional and international human rights organisations, urge the European Commission and member states to uphold international and EU law to ensure that macro-financial assistance to Egypt granted under EU regulations secures concrete, measurable, structural and timebound human rights progress and reforms in the country. Since the 2013 military ousting of former president Mohamed Morsi, Egypt has been ruled with an iron fist. Authorities have brutally and systematically silenced peaceful dissent, nearly wiped-out independent media and civil society, repressed political opposition, adopted and enacted repressive legislation, jailed tens of thousands of actual or perceived critics and severely undermined the independence of the judiciary and of the legal profession. With very little civic, judicial, or parliamentary scrutiny, the authorities have faced virtually no accountability for their repressive policies and actions. In turn, this has contributed to the government’s failure to respect, protect and fulfil people’s social and economic rights, leading to setbacks for those most affected by the recurring economic crises in the country. From February 2024 onwards, Egypt’s donors including the United Arab Emirates, the International Monetary Fund, the World Bank, the United Kingdom and the European Union provided or pledged around 57 billion USD in grants and loans. As part of this process, donors should ensure that the Egyptian authorities pursue and effectively implement reforms that improve respect for human rights alongside greater transparency and accountability. Donors must also ensure that economic and fiscal measures implemented as part of these programs do not contribute to the further erosion of people’s economic and social rights, especially in light of the continuing rise in poverty rates since the adoption of the first IMF program in 2016, as well as the Egyptian government’s inadequate spending levels on social protection, health and education. Any agreed macroeconomic reforms must reflect and uphold the legal obligations of all parties with regard to economic and social rights, notably in the areas of labour rights and environmental justice, and corporate accountability. We believe that structural reforms to strengthen rule of law, guarantee fair trials, open civic space, uphold the rights to freedom of expression, peaceful assembly and association and media freedom, and release all those arbitrarily detained, are crucial. Not only would they comply with Egypt’s constitution and international human rights obligations, but they would also address some of the root causes of Egypt’s financial and economic instability. This instability has severely impacted the economic and social rights of millions of people in Egypt, who will ultimately carry the burden of repaying Egypt’s debts, particularly those in vulnerable and marginalised situations. We note that EU regulations require that recipients of macro-financial assistance “adhere to the respect of human rights and effective democratic mechanisms, including a multi-party parliamentary system and the rule of law,” while the European Council stipulated that a precondition for granting the Union’s macro-financial assistance is that “Egypt continues to make concrete and credible steps towards respecting effective democratic mechanisms, including a multi-party parliamentary system, and the rule of law, and guaranteeing respect for human rights.” However, what those “concrete and credible steps” should be is not defined in the Commission’s proposal. As the Commission and Egyptian authorities negotiate Memorandum of Understandings (MoUs) to regulate the disbursement of EU funds to Egypt up to 2027, we urge the European Commission, Council and Parliament to ensure that: 1) The MoUs lay out a roadmap for structural reforms, with public, clear, specific and timebound indicators, targets and benchmarks for Egypt to meet its human rights obligations. 2) Egyptian authorities immediately and unconditionally release all those detained solely for the peaceful exercise of their human rights including the rights to freedom of expression, association and peaceful assembly. 3) Egyptian authorities open civic and political space, by respecting the rights to freedom of expression, association and peaceful assembly, including before, during and after the 2025 parliamentary elections. If these steps are met the EU’s macro-financial assistance will contribute to concrete and lasting progress on human rights and the rule of law in Egypt, which is indispensable to ensure transparency and accountability, end impunity and help prevent the recurrence of economic crises in the country. Failing to set human rights benchmarks would instead be a blank check for further abuses and repression in Egypt. Signatories Amnesty International Association for Freedom of Thought and Expression (AFTE) Cairo Institute for Human Rights Studies Committee for Justice Egyptian Commission for Rights and Freedoms (ECRF) Egyptian Front for Human Rights (EFHR) Egyptian Human Rights Forum (EHRF) Egyptian Initiative for Personal Rights (EIPR) EgyptWide for Human Rights EuroMed Rights International Federation for Human Rights (FIDH) Human Rights Watch Middle East Democracy Center (MEDC) Minority Rights Group Refugees Platform In Egypt (RPE) Tahrir Institute for Middle East Policy (TIMEP)Joint NGO letter on the EU’s macro-financial assistance to Egypt and human rights We, the undersigned Egyptian, regional and international human rights organisations, urge the European Commission and member states to uphold international and EU law to ensure that macro-financial assistance to Egypt granted under EU regulations secures concrete, measurable, structural and timebound human rights progress and reforms in the country. Since the 2013 military ousting of former president Mohamed Morsi, Egypt has been ruled with an iron fist. Authorities have brutally and systematically silenced peaceful dissent, nearly wiped-out independent media and civil society, repressed political opposition, adopted and enacted repressive legislation, jailed tens of thousands of actual or perceived critics and severely undermined the independence of the judiciary and of the legal profession. With very little civic, judicial, or parliamentary scrutiny, the authorities have faced virtually no accountability for their repressive policies and actions. In turn, this has contributed to the government’s failure to respect, protect and fulfil people’s social and economic rights, leading to setbacks for those most affected by the recurring economic crises in the country. From February 2024 onwards, Egypt’s donors including the United Arab Emirates, the International Monetary Fund, the World Bank, the United Kingdom and the European Union provided or pledged around 57 billion USD in grants and loans. As part of this process, donors should ensure that the Egyptian authorities pursue and effectively implement reforms that improve respect for human rights alongside greater transparency and accountability. Donors must also ensure that economic and fiscal measures implemented as part of these programs do not contribute to the further erosion of people’s economic and social rights, especially in light of the continuing rise in poverty rates since the adoption of the first IMF program in 2016, as well as the Egyptian government’s inadequate spending levels on social protection, health and education. Any agreed macroeconomic reforms must reflect and uphold the legal obligations of all parties with regard to economic and social rights, notably in the areas of labour rights and environmental justice, and corporate accountability. We believe that structural reforms to strengthen rule of law, guarantee fair trials, open civic space, uphold the rights to freedom of expression, peaceful assembly and association and media freedom, and release all those arbitrarily detained, are crucial. Not only would they comply with Egypt’s constitution and international human rights obligations, but they would also address some of the root causes of Egypt’s financial and economic instability. This instability has severely impacted the economic and social rights of millions of people in Egypt, who will ultimately carry the burden of repaying Egypt’s debts, particularly those in vulnerable and marginalised situations. We note that EU regulations require that recipients of macro-financial assistance “adhere to the respect of human rights and effective democratic mechanisms, including a multi-party parliamentary system and the rule of law,” while the European Council stipulated that a precondition for granting the Union’s macro-financial assistance is that “Egypt continues to make concrete and credible steps towards respecting effective democratic mechanisms, including a multi-party parliamentary system, and the rule of law, and guaranteeing respect for human rights.” However, what those “concrete and credible steps” should be is not defined in the Commission’s proposal. As the Commission and Egyptian authorities negotiate Memorandum of Understandings (MoUs) to regulate the disbursement of EU funds to Egypt up to 2027, we urge the European Commission, Council and Parliament to ensure that: 1) The MoUs lay out a roadmap for structural reforms, with public, clear, specific and timebound indicators, targets and benchmarks for Egypt to meet its human rights obligations. 2) Egyptian authorities immediately and unconditionally release all those detained solely for the peaceful exercise of their human rights including the rights to freedom of expression, association and peaceful assembly. 3) Egyptian authorities open civic and political space, by respecting the rights to freedom of expression, association and peaceful assembly, including before, during and after the 2025 parliamentary elections. If these steps are met the EU’s macro-financial assistance will contribute to concrete and lasting progress on human rights and the rule of law in Egypt, which is indispensable to ensure transparency and accountability, end impunity and help prevent the recurrence of economic crises in the country. Failing to set human rights benchmarks would instead be a blank check for further abuses and repression in Egypt. Signatories Amnesty International Association for Freedom of Thought and Expression (AFTE) Cairo Institute for Human Rights Studies Committee for Justice Egyptian Commission for Rights and Freedoms (ECRF) Egyptian Front for Human Rights (EFHR) Egyptian Human Rights Forum (EHRF) Egyptian Initiative for Personal Rights (EIPR) EgyptWide for Human Rights EuroMed Rights International Federation for Human Rights (FIDH) Human Rights Watch Middle East Democracy Center (MEDC) Minority Rights Group Refugees Platform In Egypt (RPE) Tahrir Institute for Middle East Policy (TIMEP)and human rights

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