Criminal Justice ECESR Press Releases Health Social Rights

Social Rights | Suffering of Living Martyr Moawad Adel Continues Despite Court Ruling in his Favor

On 31 December 2013, the administrative court issues a decision in favor of the mother of Moawad Adel, one of the injured in the January 25 Revolution, in the lawsuit filed against the President of the Republic, the Prime Minister, the Minister of Health, and the General Secretary of the National Council for Care for the Families of Martyrs and Injured of the Revolution, in their capacities, to oblige them to provide due expenses for Moawad’s treatment abroad. The parties subject of the ruling were informed of the decision on Sunday, January 12, 2014. However, officials at the Council remain uncooperative in implementing the ruling, which was the third decision from the Administrative Court obliging the state to provide the expenses for Moawad’s treatment. This represented a new stop in the long process of suffering by Moawad and his family, who were faced with an additional tragedy after his actual injury and had to confront the arbitrariness and intransigence of state officials, which in this case represented a risk to Moawad’s life who was threatened with the suspension of his needed treatment. The threat remains until today, despite the issuance of the ruling.

Moawad’s suffering began when he received two live rounds in the head during the Mohamed Mahmoud events in November 2011. His situation was exacerbated after he was physically assaulted, despite his injury, which put him in a coma. This was followed by neglect in his treatment at al-Qasr al-Aini hospital and delays by the National Council for Care for the Families of Martyrs and Injured of the Revolution in issuing a decision to treat him abroad at the expense of the state, leading to the deterioration of his situation. This meant that he had to undergo a longer and more complicated surgery, at a greater cost.

Moawad’s family fought a long battle to force state officials to issue a decision to treat him abroad. Ultimately, it had to seek the Administrative Court, which issued a decision in April 2013, obliging officials to issue such a decision. Nevertheless, delays by officials at the National Council for Care for the Families of Martyrs and Injured of the Revolution continued for several months. Moawad was only able to travel to continue his treatment abroad in July 2013.

After Moawad’s family was able to receive a decision to treat him abroad and the provision of treatment expenses, in addition to the cost of travel tickets and accommodation for him and a companion for 3 months, it faced the problem of officials refusing to pay for the ticket and accommodation of the companion. The family had to provide such expenses on its own, despite its dire financial situation. However, this later extended to the expenses of Moawad’s treatment. Although the ruling of the Administrative court obliged the state to pay Moawad’s treatment expenses in full and until his recovery, officials continued to refuse to pay the necessary amounts. His family was forced to seek the courts again and receive a second ruling obliging the state to provide the needed expenses to continue treatment.

With the achievement of a kind of miracle in his treatment and Moawad waking up from the coma, the doctors abroad maintained that he would be able to recover if he continues to receive a particular treatment program. Although the medical advisor at the Egyptian embassy adopted the doctors’ recommendations, officials at the National Council for Care for the Families of Martyrs and Injured of the Revolution ignored the constant requests of Moawad’s family to allocate the necessary amounts to continue his treatment. This put his treatment at risk of being stopped at any time, with what it entails of risks to Moawad’s life. The family had to seek the Administrative Courts for the third time, where lawyers from the Egyptian Center for Economic and Social Rights (ECESR) filed a lawsuit on its behalf on October 10, 2013, which is the case of the ruling mentioned at the top of this statement and a copy of which is attached.

Moawad and his family still face more suffering to continue his treatment. The new ruling obliges the state covered his treatment expenses until mid-January 2013, which will put him at the risk of facing the same lack of cooperation and rejection to provide for expenses incurred after that date. In addition to this recalcitrance, Moawad’s family had to endure the mistreatment of National Council for Care for the Families of Martyrs and Injured of the Revolution officials at every stage of the procedures, which escalated at certain stages and continue until today.

ECESR, while expressing its satisfaction at the issuing of the new Administrative Court decision, it calls of the President of the National Council for Care for the Families of Martyrs and Injured of the Revolution, in his capacity as the official primarily responsible for providing all of the needs for Moawad’s treatment in terms of financing, as this is not a gift from the state, but a legal and moral obligation. The provision should be done without delay and the delays should come to an end. It also calls on the Council’s president to be cooperative in providing additional expenses for Moawad’s treatment. ECESR repeats its demands that the Egyptian government find a solution to the continuing problems due to the mismanagement of the National Council for Care for the Families of Martyrs and Injured of the Revolution, which has caused suffering to many of the injured. It called for the provision of necessary funds, since the staff of the Council maintained that their salaries had been delayed for two months and their jobs are at risk of being suspended, which puts the lives and safety of many of those injured in the revolution under threat.