Freedom of Religion and the Constitution in Egypt: The Distinction Between Belief and Practice, and Protecting Religion and Government from Each Other

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Understanding freedom of religion in Egypt requires understanding the distinction drawn by its courts between belief and practice. The Supreme Constitutional Court seeks to strike a balance between the two—and to protect religion and government from each other.

In Egypt, by both culture and constitutional law, religion and state are inextricably intertwined. Religion shapes government, and government shapes religion, posing fundamental challenges to both. 

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Supreme Constitutional Court Rules Portions of Protest Law Unconstitutional

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The SCC ruled that if protest demonstration organizers comply with the requirement of prior notice to the police, police or other security services cannot constitutionally ban public demonstrations without first obtaining judicial approval. In essence, the Court has inserted the judiciary as a check on government authority to ban public protest activity.

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Build Democracy by Building Judiciaries

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As goes the judiciary, so goes the country.

Why strengthening and elevating the professional competence and performance of judiciaries is the key to building the cultural foundation most conducive to the eventual emergence of democracy in the Arab Middle East, and to establishing public order and political stability regardless of the form of government.

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Constitutional Earthquakes are Coming

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Constitutional earthquakes are likely coming in Egypt, probably in waves, many of which have the potential to substantially change the nation's political landscape. Legal tremors are already apparent, and to those who understand the seismic pressures that have already built up along Egypt's constitutional and judicial fault lines, it is as plain as day that earthquakes may happen at any time, especially with regard to human and political rights.

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Middle East Institute Policy Paper About Egyptian Judiciary, By David Risley

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Middle East Institute Policy Paper About Egyptian Judiciary, By David Risley

The Middle East Institute published a policy paper written by David Risley of the Egypt Justice Project. Topics include:

  • Pre-2011 revolution academic and NGO praise for the Egyptian judiciary for its independence and judicial activism in defense of human and political rights;
  • What changed after the 2011 revolution and why, and what remains true;
  • Influential reformers within the judiciary;
  • Why to invest in the judiciary as the best hope for Egypt to transition to a stable, working democracy in which the constitutional rights of its citizens are protected.

READ FULL ARTICLE: CLICK HERE

PDF FORMAT: HERE

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Egypt's Court of Cassation Reverses Death Sentences for Muslim Brotherhood Leaders, Orders Retrial

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In continuation of what appears to be a fairly consistent pattern, Egypt's Court of Cassation (supreme court of the common court system) yesterday reversed the convictions and death sentences ordered by a lower court for Muslim Brotherhood Supreme Guide Mohamed Badie and 11 other Muslim Brotherhood leaders, reversed the convictions and life sentences of 25 other defendants, and ordered a retrial in what is commonly referred to as the Rabaa Control Room Case.

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Comparison of Egypt's Protest Law (Demonstrations Law) with Other Countries

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While there are some similarities between Egypt’s recent protest law (sometimes called the demonstrations law) and laws of the United States, England, France, and Switzerland (cited by some Egyptian officials as having been studied as models), there are also fundamental differences, much like several vehicles that all look like automobiles, but the Egypt model lacks brakes.

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Another Example of Reversal by Egypt's Court of Cassation of Mass Convictions of Morsi Supporters

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On appeal, the convictions were reversed of 77 defendants convicted following violence that broke out during a pro-Morsi protest in Alexandria, Egypt, that left 12 people dead and 180 others injured. The defendants were charged with thuggery, rioting, murder, attempted murder, demonstration of force, possession of weapons, blocking roads, sabotaging public and private properties, and other offenses.

http://english.ahram.org.eg/NewsContent/1/64/162448/Egypt/Politics-/Egyptian-court-overturns-convictions-of--Morsisupp.aspx

This continues a fairly consistent pattern of reversals of mass convictions on appeal.

 

Update: President Al-Sisi pardons two of three Al Jazeera English journalists

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On Wednesday, September 23, on the first day of Eid Al-Adha, a presidential spokesman announced that President Al-Sisi has issued a decree pardoning two of the three Al Jazeera English journalists re-convicted last month and sentenced to three years of imprisonment: Canadian (formerly Egyptian-Canadian) Mohamed Fahmy and Egyptian Baher Mohamed. But, apparently not previously deported Australian Peter Greste. 

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Presidential Pardon in the Al-Jazeera English Journalists Case?

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In the aftermath of the re-convictions on Saturday of the three Al-Jazeera English defendants—Mohamed Fahmy, Baher Mohamed, and Peter Greste—there are three viable legal paths forward: appeal, deportation, and presidential pardon. Not all paths are open to all three men, and each path has its advantages and disadvantages. Will President Al-Sisi defuse the situation with a pardon?

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Al-Jazeera English Journalists ("Marriott Cell") Case

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Al-Jazeera English Journalists ("Marriott Cell") Case

The original trial and conviction of three Al-Jazeera English journalists attracted a huge amount of negative news media attention and was hugely damaging to the reputation of the Egyptian judiciary. But, far more important than the proceedings and rulings of the trial court, and what far more accurately reflects the standards of Egyptian justice, is the reasoning behind the subsequent reversal—more like repudiation—of the trial court's rulings on appeal to the Court of Cassation.

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