ECESR Obtains Administrative Justice Ruling to Enroll Victim Killed in Israeli Embassy Clashes Mustafa Yahya Hassan in Lists of Revolution Martyrs, Obtains Abolition of Negative Decision and Consequent Effects

The Administrative Court of Justice, First Circuit of the State Council, handed down its judgement in the challenge No. 20779/66 submitted by the ECESR on behalf of all the heirs of the late Mustafa Yahya Hassan, who was shot dead in the Israeli embassy clashes on September 9, 2011. The court decided to enroll Mustafa Yahya Hassan in the lists of the revolution victims and the abolition of the negative decision and its consequent effects.

The case dates back to 9 September 2011, when tens of thousands of Egyptians took to the streets to correct the path of the revolution, especially after the Zionist enemy killed four Egyptian soldiers on the border, which provoked the feelings and dignity of the Egyptians. They headed to the symbol of submissiveness and national humiliation—that is the Embassy of the Zionist entity, to express anger and frustration at the government’s prostration policy. The government has done nothing but the construction of a concrete wall to protect the Zionist embassy, ​​which brought to mind the separation wall erected by Israel to blockade and starve the Palestinian people. This was the picture that was going on in the minds of young people who moved to demolish the wall and succeeded in removing the wall of shame that has been constructed to protect the embassy from the People. September 9 protesters forced the Zionist ambassador and his crew to leave the country in retribution for the blood of our soldiers. The embassy clashes left three dead and more than a thousand injured.

The peaceful demonstrators were assaulted by the military and police forces in charge of securing the Israeli embassy. Mustafa Yahya Hassan was shot dead; the forensic report said that the death was due to a gunshot in the chest that led to the occurrence of hemorrhagic shock.

When the relevant authorities rejected enrolling the victim’s name in the Martyrs list, the family of the martyr gave the ECESR power of attorney and duly authorized it to file a lawsuit against: 1) the Secretary-General of the National Council for the care of the families of martyrs and injured in the January revolution; 2) Head of the Supreme Council of the Armed Forces; 3) the Prime Minister; 4) The Minister of Social Insurance; 5) and the Minister of Finance. The lawsuit asked for equating the victim with his counterparts such as Ali Maher Ali who was killed in Tahrir Square clashes on 04/09/2011, the martyrs of Maspero clashes (the assault on peaceful demonstrators on 9/10/2011), the martyrs of Mohamed Mahmoud Street clashes (assault on peaceful demonstrators in November 2011), and the martyrs of the Council of Ministers’ clashes (assault on peaceful demonstrators in December 2011).  The lawsuit was based on what came in the statement No. 88 issued by the Supreme Council of the Armed Forces, which included the victims of Maspero and Mohamed Mahmoud clashes in the list of martyrs. Further, the Prime Minister’s decision included also the victims of the Council of Ministers clashes within the list of martyrs.

A health and social care fund for the victims of the January 25 revolution was established under the Decree No. 128/2011 for doing the following:

• surveying the victims of January 25 Revolution and setting up a data base for them.
• Providing them with the appropriate treatment according to the needs determined by reports from approved therapeutic institutions, and providing them with necessary medical rehabilitation.
• disbursing medical expenses incurred by the families of martyrs and injured until the date of publishing this decision.
• Helping families of the martyrs and the injured after recovery to get suitable jobs according to their qualifications, and supporting people with disability, whether in whole or in part, that prevents them from work in accordance with the reports issued by the competent authorities. Helping them get access to adequate housing if there is no other accommodation, in addition to the needed compensation.
• establishing small businesses to the families of martyrs and injured in cooperation with the competent authorities.

The ECESR denounces the state policy which deliberately ignores the Martyrs and Victims of the revolution who sacrificed their lives for a fair demands and rights. It condemns the selective and unlogic way in dealing with them, although most of them were killed or injured as a result of obvious attacks from the army or the police on peaceful demonstrations, which can not be labeled as terrorism, and in clashes related to revolutionary period extended from January 25, 2011 until now.