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After the decision of the Supreme Constitutional Court: LCHR demands the General Prosecutor to release the detained farmers in the cases of confiscation by the Ministry of Religious Endowments and stop the decisions issued against them
In a positive development, the Supreme Constitutional Court has issued its’ decision on the challenge no. 104 for 23 judicial stating the unconstitutionality of the text of the (Í) article of the first and second clauses of law no. 308 for the year 1955 modified by law no. 44 for the year 1958, as the law states that it is permissible to follow the administrational confiscation procedures in case of not paying the Ministry of Religious Endowments dues, as it is considered the superintendent for the rents of VIPs, and according to that, the Ministry of Religious Endowments confiscates the lands that peasants farm or the houses that they live in as they are owned to it, which have led to the imprisonment of hundreds of farmers and poor people in the Egyptian countryside.
LCHR confirms -standing on facts from the files of the farmers cases that the Center is defending- that there are thousands of farmers in the Egyptian villages who face detention when the Ministry of Religious Endowments confiscates their lands, for example: there are still farmers from Ghaly Nayrouz and Ezbet Rashwan villages – Bany Swief, Demeshly and El Ma’adeya villages – El Behira, Kafr Abo El Seed and Dongowan villages – Daqahleya detained according to this unconstitutional law.
LCHR has filed a report to the General Prosecutor requesting him to issue his instructions for the release of the still detained farmers according to this text, as when the Supreme Constitutional court issues a decision of the unconstitutionality of a law, form the next day of issuing this decision, this law must be cancelled including its’ previous effects. Like: the confiscation procedures and other charges pressed against the farmers.
The Center sees that with the issuance of this decision, the Ministry of Religious Endowments mustn’t practice the administrational confiscations against farmers, as after the issuance of this decision and the procedures that follow it and notifying the prosecution, these confiscations are considered null (of no legal force).
The Center has also requested the General Prosecutor to issue his instructions to the partial prosecutions to make the necessary procedures and stop applying the decisions issued against the farmers based on this unconstitutional text, and also demanded to reserve the investigations that are still in progress in the prosecution. The Center has also presented a complaint to the Minister of Justice requesting him to make the necessary procedures to exculpate the farmers charged with wasting their confiscated chattels (property).
The Center has also presented a brief note to the Minister of Religious Endowments requesting him to issue a decision to the Religious Endowments branches in all districts to stop the confiscation procedures against the farmers and residents in the Endowments lands. As this unconstitutional law, has violated the principle of the supremacy of law by giving an administrational corporation an exceptional characteristic that gives it the right to obtain its’ rights from citizens by force, as it could issue a decision implemented by the executive authority, which represents a challenge to the constitutional texts.
The Center demands the Ministry of Religious Endowments to compensate the farmers for their financial and ethical losses as a result of their detention, humiliation and violating their right in personal safety according to an unconstitutional text.
And the Center adjures all of the national forces, farmers committees at the Egyptian parties, members of both the peoples’ and the state consultative councils and the civil society organizations to demand the officials to implement the decision of the Supreme Constitutional Court to stop detaining tenants of agrarian lands or housings owned to the Egyptian Ministry of Religious Endowments and guarantee citizens rights in personal safety and a decent life.