November 14th, 2010 by Editor
EOHR calls upon the execution of the decisions of the administrative court, regarding the registration of the excluded candidates.
EOHR expresses its concern regarding the refusal of the administrative organ to accept the candidacy papers of an independent candidate, without any legal reason. As well as that it refused to be committed to the judicial decisions of the administrative justice, on the pretext of that one of the members of the administrative organ or a non competent person proposed to a non-competent court to stop the execution of the sentence. Which is considered as a violation for the article no.72 of the Egyptian constitution, which is stating that “the refusal of the competent officer to be abided by the judicial decisions or postponing its execution, is considered as a criminal offense, and is punished by imprisonment or by dismissal, According to article no. 123 of the penal code”.
This comes despite that the Article no.50 of the Code of the State Council stipulates that “the appeal before the Supreme Administrative Court doesn’t result in the stop of the implementation of the impugned decision, unless the Appeals Chamber ordered otherwise.”
In this context EOHR is asserting on that the pre mentioned law has defined the way by which any one can appeal to the provisions of the council of the state, Through the Department which examines the grounds of appeals. In this way only one can stop the execution of the sentence. Otherwise it is considered a trial to circumvent the law, which is not applicable at the state of law.
It is worth mentioning that EOHR has asked the Supreme Committee on Elections on 13-11-2010 and the directorate of security of 6 October to execute the provision no. 6149 for 1965 issued on 11-11-2010, regarding the independent candidate “Rashad El Bortoqaly” (the candidate of Abu El Nomros constituency).the security directorate of 6 of October refused to execute the pre mentioned judicial decision, as it claims that there is a case filed to appeal this judicial decision, and a session for it was determined to be on 2-12-2010 at Giza court. The administrative court mentioned in its provision issued on 11-11-2010 that “the executive administrative organ can’t take decisions which violate the provisions of the administrative court”.
On the other hand, EOHR proposed a memo to the Supreme Committee on Elections and to the National Council of Human Rights, asking them to confront the illegal actions, which violate the state of law and the concept of legitimacy. So EOHR called the Ministry of Interior upon taking the needed procedures to ensure the execution of the judicial decisions issued in its draft (without announcement), and not to pay attention to any appeal filed in front of a non-competent court, to ensure the respect of the law.
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