The Administrative Court rejects the petition to stop the demolition of the historic cemeteries of Cairo, claiming that the petitioners have no standing. The Egyptian Center for Economic and Social Rights (ECESR) has decided to appeal the ruling

In addition, the court rejected to reopen the case for further arguments after reserving it for judgment without notifying the petitioners.  The Center says:  this is a violation of the principles of the Supreme Administrative Court and the provisions of the State Council Law.

The lawyers of the Egyptian Center for Economic and Social Rights (ECESR) was surprised by the ruling of the Fourth Chamber of the Administrative Court of the State Council, which rejected the reopening of the case in lawsuit No. 54318 of Judicial Year No.77, issued on September 21, 2023,  regarding the suspension of the implementation and cancellation of the negative decision to refrain from providing the necessary protection for cemeteries and archaeological buildings with distinct architectural styles in the historic cemeteries of Cairo and the designation of a sanctuary for these antiquities. The Court ruled to reject it due to Lacking Capacity and Interest.

ECESR lawyers announced that they would appeal the ruling, which violates the principles of the Supreme Administrative Court regarding the rules of standing and interest, as well as the provisions of the State Council Law, as the plaintiffs were not notified of the receipt of the report of the Board of Commissioners and the scheduling of a session before the court.

Moreover, the plaintiffs were not allowed to review the report, in violation of the State Council Law, especially Article No.30, which obliges the court Secretary to notify the concerned parties of the date of the hearing, which did not happen in the case.

As for the claim of the absence of the condition of interest, ECESR refers to the historical ruling of the State Council in the lawsuit filed by ECESR under No.21272 of Judicial Year No.67, which annulled the negative decision to refrain from carrying out the necessary maintenance to protect Champlion Palace “Palace of Prince Said Pasha Halim”, and to stop the encroachments on it, filed by the tourist guide Sally Salah El-Din, a citizen interested in heritage.

ECESR had filed an urgent Proceeding before the Administrative Court of the State Council against the Prime Minister, the Ministers of Antiquities and Housing, the Chairman of the Board of Directors of the Supreme Council of Antiquities, the Governor of Cairo, the Chairman of the Urban Development Authority, and the Chairman of National Organization for Urban Harmony in their capacities, demanding the suspension of the implementation of the negative decision to refrain from providing the necessary protection for cemeteries and archaeological buildings with distinctive architectural heritage in the historic cemeteries of Cairo and the designation of a sanctuary for these antiquities, with the resulting effects, most notably the suspension of demolition and destruction works for all these cemeteries and buildings.

The Center had stated in the lawsuit, as an attorney of a group of professors and consultants for the preservation of urban heritage and those interested in antiquities and heritage, including  Dr.Jalila Gamal El Qady, Dr. Monica Hanna, Eng. Tareq El Merry, Mrs. Sally Suleiman, Dr. Dalia Hussein, had stated in the lawsuit that the lawsuit was filed due to the removal operations that are carried out in the region of the Historic Cairo Cemeteries in Khalifa neighborhood in South Cairo, known as Al Imam Al Shafaie Cemeteries, and Al Sayyida Nafisa Cemeteries dated back to the 7th century AD, which is currently located in the North, South and East of Salah Salem Road. In the late 19th century, these areas were allocated to bury State senior officials and notables, and were established on the same models of the old cemeteries hundreds of years ago of the late prominent iconic persons in thought, culture, politics, religion, and art, as well as the members of the Royal family. In addition, these cemeteries contain the remains of a large group of great people in the Egyptian national struggle, thought and history.

The Center’s lawyers, in their capacity as attorneys of the plaintiffs, had filed the aforementioned lawsuit, including an urgent matter which indicates that according to the current system in effect within the schedule of the Administrative Judiciary Court – we do not get sessions to consider the urgent matter at the time of filing the lawsuit. In addition, we have to wait the file to be presented by the secretary of the Court’s Circuit to the Court in order to set a schedule for a session to consider the urgent matters.

By following up the procedure, the Secretary of the 4th Circuit “urgent and subject” notified the Center’s lawyers verbally that the Court rejected considering the urgent matters and decided to refer it to the Board of Commissioners for consideration.

According to the aforementioned, the Center’s lawyers went to follow up on the scheduled date of the case before the Board of Commissioners, and the Circuit’s Secretary notified them of deciding a decision on July 4, 2023 to be considered before the Board of Commissioners with the presence of the representative of the plaintiffs, so that the Board decided to schedule a date on July 12, 2023.The plaintiffs’ lawyers continued going to the Secretary of the Board of Commissioners till a month passed after setting a date for deciding a ruling on the lawsuit, while the Commissioners’ report has not been submitted.

On August 22,2023, the lawyers were surprised by the receipt of the case report and its referral to the court circuit for consideration on August 17, 2023. Then the Court decided to ‏schedule the case for adjudication on September 21, without notifying the plaintiffs or their attorneys, and without enabling them to view the outcomes of the Board of Commissioners’ report, and without giving the lawyers their right to state their defense and submitting their demands before the Court.

As a result, the Center’s lawyers filed a request to reopen the case before the Administrative Court, hoping to schedule a session for it as soon as possible, so that we can review the Board of Commissioners’ report filed in it, thus we shall comment on it, and submit what we have in our hands of defense, documents, and memoranda.

It is worth noting that according to the new regulating work system of the Administrative Court, the agent of any plaintiff is aware of the two sessions of the Board of Commissioners and the Court immediately upon filing, in the case of filing without an urgent matter. In the case of the Center’s lawsuit, the attorney of the plaintiffs was not aware of any scheduled sessions for its consideration before the Court, and we were not notified of the session, as is customary in the courts of the State Council, and in application of Article No.30 of the State Council Law.

Article No.49 of the Constitution obliges the state to protecting and preserving antiquities and their areas, and to maintaining them, renovating them, working to retrieve those that have been taken, and organizing and supervising excavations thereof. It is prohibited to give away any of them as gifts or exchange them. Attacks upon them and trafficking in them is a crime for which there is no statute of limitations.

In addition, Article No.97 (Right to Litigate), states that litigation is a safeguarded right guaranteed to all. The state shall bring together the litigating parties, and work towards speedy judgment in cases. It is forbidden to grant any act or administrative decision immunity from judicial oversight. Individuals may only be tried before their natural judge. Extraordinary courts are forbidden.