Sunday, January 15, 2017

Tiran and Sanafir : A big day for the Egyptian State Council "Updated"

Early Monday, Egypt will be waiting to the know the final verdict of the High Administrative court on the Egyptian government appeal against the court verdict annulling the Egyptian Saudi demarcation deal in April 2016, which placed the Red Sea islands Tiran and Sanafir under Saudi
Egypt's State council
 Lawyer Khaled Ali at State council "AP"
"Updated: The High Administrative court issued its verdict rejecting the Egyptian Government's appeal stating the two islands are Egyptian"
It is important day and it comes in a very critical time especially for Egypt's State council, which the High administrative court follows.
In June 2016, the administrative court issued its historical verdict annulling the Egyptian-Saudi deal to redraw the maritime borders and reasserting the truth that Tiran and Sanafir are Egyptian islands.
In August 2016, the Stat lawsuit authority which represents the government in front of courts challenged the court verdict and filed an appeal in front of the High Administrative court.
In the same month, it filed another lawsuit in front of the Supreme Constitutional court arguing the administrative court had no jurisdiction when it comes to the demarcation deal.
in September 2016, the Court of Urgent Matters suspended the administrative court's ruling in a surprise that stunned many mostly law experts because article no.190 of the current Egyptian constitution states that the administrative judiciary is the only jurisdiction in settling administrative disputes and only the High administrative court can challenge a lower administrative court's ruling.
The administrative court slammed publicly the Court of urgent matters describing it as "void" in what was considered a clash between courts thanks to the government.
In November 2016, the government again filed a second lawsuit in front of the Constitutional court.
On 6 December 2016, the State Commissioners authority which follows the administrative court presented its recommendations to the High Administrative court to uphold the court ruling to annul the deal stating clearly that "Tiran and Sanafir are Egyptian islands".
The recommendations are not obligatory to the court but some considered a good sign.
The High Administrative court set 16 January to issue its final verdict on the same day.
Late in the same month, the Judiciary community in Egypt above them the State Council Judges found out the parliament discussing a draft law that will affect their independence negatively, the new Judicial authorities draft law.
The new draft law would affect the judges' independence as it gives the Egyptian president the right to choose the heads of 4 main judicial authorities in Egypt above the State council.
The State Council judges club "their Union" has been the most vocal so far in the Judges community against the draft law.
On 25 December 2016, the House of Representatives sent the draft law to the 4 judicial authorities just to know their opinion.
On 27 December 2016,  Egypt woke up to the news that Gamal El-Laban , a Procurement manager working in the State Council was arrested by Administrative Control Authority "ACA" for allegedly receiving bribes worth of millions of Egyptian pounds.
Within hours, the State council found itself surrounded with accusations and attacks from the Pro-regime media especially rumors spread that some of its judges were involved in that bribes scandal.
On 29 December 2016, the Egyptian government referred the Egyptian Saudi deal to the parliament to approve in a move that considered to a clash with the State council as the lawsuit was still in front of the court.
On 31 December 2016, the former secretary-general of the State Council Wael Shalaby resigned from his position. On 1 January 2017, he was arrested and was detained 4 days pending investigations on charges of corruption and receiving bribes.
Many questions raised about Shalaby and his activities, especially that according to my sources, the man was a legal advisor to a number of authorities, intelligence agencies and governors.
Then on 2 January 2017, Wael Shalaby committed suicide using his scarf in his detention !!!!!
It was more than a strange suicide especially his lawyer's statement did not make sense.
First, his lawyer claimed that his late client told the prosecution and investigators that he would commit suicide on the next day !!! "And they let him do it"
Hours later, the lawyer claimed that Wael Shalaby was not confronted by any incriminating evidence during his interrogation and there was nothing against him !!
Shalaby's family believes that he was assassinated. Most of the Egyptians online "and offline" believe that he did not commit suicide on his own and he was silenced so "the big fat cats" won't be caught.
A number judges at the State council believe that he was silenced and they were angry according to my sources as well. They even tried to organize a memorial service for him in one of Cairo's biggest mosques but they were advised to cancelled. What I have heard so far that they are angry for all what is happening.
Some are connecting dots and believe those are not a series of misfortune events taking place for the State council.
I think you see now how the State council and its High administrative court feel the pressure in the past few weeks.
The High Administrative court will say its final verdict after few hours either to accept the Government's appeal and send back the case to another circuit of the court to start over the hearings once again or to reject the Government's appeal upholding the annulment of the deal.
I do not know what the court will say and I am not that optimistic knowing how much pressure being practiced against the State Council and the administrative court.
It is a big day for the Egyptian State council on Monday.
All what I know it is an important battle in a war to keep our islands as part of territories in the same way our ancestors who built Modern Egypt did.

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