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The Administrative Court decides to schedule November 26 as a ruling for the Egyptian Center’s lawsuit against the termination of Mahmoud Mohie El Din’s service as a professor at “the Faculty of Engineering at Beni-Suef University”

Saturday, October 28, 2023, Circuit No.35 of the Beni Suef Administrative Judicial Court decided to schedule November 26 as a ruling for the lawsuit filed by the Egyptian Center for Economic and Social Rights (ECESR) as an attorney on behalf of Mohamed Mohie El Din, the assistant professor at the Faculty of Engineering at Beni Suef University, in which he challenges the University Administration’s decision to suspend him  which was issued under the pretext of his absence from work.

The center’s lawyers attended the hearing and presented an original certificate issued by the Supreme State Security Prosecution (SSSP) stating the date of his release, as well as a statement issued by the Higher Institute of Engineering6 October City stating his assignment to the institute at the time of the arrest.

During the penultimate hearing, the Center’s lawyers had submitted the original certificate issued by the Supreme State Security Prosecution (SSSP), stating the date of arrest and documents proving his date of release on June 1, 2022, which the Court considered as evidences concerning the date of releasing him, however the University legal representative denied the presented photo copies and requested not to be recognized.

Accordingly, the Center’s lawyers requested a permission to obtain a new certificate from the Supreme State Security Prosecution (SSSP) proving his date of being released. Then, the Court accepted the request of the ECESR’s lawyers and gave them the permission to extract the documents, in addition to postponing the hearing to October 28.

It is worth mentioning that Beni-Suef University had decided to terminate the service of PhD. Mahmoud Mohie El Din, claiming the absence from work, despite knowing that he had been in pretrial detention since February 2019.

The lawyers of the Egyptian Center for Economic and Social Rights (ECESR) in their capacity as an attorney representative of Professor Mohamed Mohie El-Din, an assistant professor, had received a letter from the Faculty of Engineering asking him to refund some of what he had received as a part of his financial dues according to Law.

It seems that the administration of the Faculty of Engineering takes a punitive measure against Professor Mohie as it previously rejected handing him over his work duties after he was released without issuing rulings of conviction against him after staying for three years and four months in pretrial detention. Later, the Faculty of Engineering issued decision No. 1163 on August 10,2022, to terminate his service, in a violation to the provisions of the law and decisions of the Public Prosecution, while he should have been returned to his work in accordance with the Universities Regulation Act and the Civil Service Law.

In light of the policy of systematic oppression used by the administration of the faculty, the Center’s lawyers filed lawsuit No.1929 of the judicial year 10, before Beni- Suef Administrative Court, demanding the court to accept the lawsuit in form. In addition to halting and canceling the implementation of the termination of service decision, in addition to the consequences, at top of which his return to his work as an assistant professor in the Civil Engineering Department at the Faculty of Engineering Beni-Suef University. Together with the payment of his dues for his period in pretrial detention, and with the occupational ramifications and financial dues resulting therefrom.

It’s worth mentioning that previously the administrative Court issued a decision in favor of PhD. Shady El Ghazaly Harb, the assistant professor in Kasr Al- Ainy Medical School, Cairo University, after being released bending a similar case, as the President of Cairo University refused to hand him his duties in the Department of General Surgery at the Faculty of Medicine, Cairo University. The Center’s lawyers succeeded in obtaining a judgment to cancel this decision.

The Center’s lawyers were surprised with this letter which contradicts the declared policies and recommendations, with regard to dealing with the recently released prisoners of Conscience and reintegrating them in society. As, sometimes the administration of the University abstains from implementing the law, and other times from participating in exerting efforts to achieve a solution to the file of this crisis.

Based on the above, the Center’s lawyers directed a legal response with a registered letter with acknowledgment of receipt to the Administration of the Faculty of Engineering, Beni-Suef University, in which they demanded proving that those sums were actually disbursed illegally. Moreover, they demanded to stop such decisions, as the whole case constitutes a violation to the provisions of law as we previously mentioned. In addition, this case is under the consideration of the Court as a defective administrative decision.

It is noteworthy that Professor Mohamed Mohie was arrested from his home, on February 22, 2019, and he was interrogated and imprisoned in a pretrial detention from that date of arrest, till he was released on June 2, 2022 after the declared openness, regarding some Cases for a number of politicians and prisoners of conscience.

The Egyptian Center denounces these measures against Professor Mohie, and calls Beni-Suef University, the Supreme Council of Universities, ministry of higher education, and all responsible bodies to intervene to stop these practices against him, and restore his legal rights for him, on top of which allowing him to continue his duties, and disbursing the rest of his financial dues, according to law.

 

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