ECESR obtains the Writ of Execution for the return of former MP, professor Mohamed Mohy El-Din to ” the Faculty of Engineering, Beni Suef University”
On Tuesday, March 19, 2024, the Egyptian Center for Economic and Social Rights (ECESR) obtained the Writ of Execution for the ruling of Beni Suef Administrative Judiciary Court, the 35th Circuit, canceling the decision to terminate the service of prof.Mohamed Mohy El-Din at the Faculty of Engineering, Beni Suef University on the grounds of his absence from work, paving the way for the start of its implementation.
Beni Suef University had issued a decision to terminate the service of Mohamed Mohy El-Din, assistant professor at the Faculty of Engineering, on the grounds of his absence from work, despite knowing that he had been in pretrial detention since February 2019.
On June 2, 2022, Mohy El-Din, the former parliamentarian, was released from his detention in Tora Farm Prison, by decision issued from the Public Prosecution, for his innocence of all charges against him, and the lack of evidence of any accusation against him. On his first working day after his release on Sunday, June 5, 2022, he sent two letters to the dean of the Faculty, in which he demanded a affidavit letter to the State Security Prosecution to inform them of his status, as well as taking the necessary action to enable him resuming his work at the Faculty, however he did not receive a response.
On Sunday, June 19, 2022, the plaintiff submitted a memorandum to the University president, requesting an affidavit letter to the State Security Prosecution to inform them of his status, to enable him to take up his work at the Faculty, as well as approving and stamping his national ID card renewal form, as he is an assistant professor at the university, but without a response, until the university president issued decision No. 1163 of 2022 to terminate his service on the grounds of absence from work since November 12, 2019.
The lawsuit confirmed that Mohy El-Din was in pretrial detention during the period from February 23, 2019, until June 2, 2022, more than 3 years, during which he was unable to contact his work in any way, thus he was subjected to a force majeure circumstance preventing him from completing his tasks normally.
The center’s lawyers succeeded in presenting certificates issued by the State Security Prosecution proving to the court that Mohy El-Din had exceeded the period of pretrial detention, and that he was under pretrial detention during the period covered by the decision to terminate his service, until the court decided at the end of 2023 to cancel the decision to terminate his service.
As a result, the university appealed the ruling to the Seventh Examination Chamber (Supreme Administrative) under No. 12848 of judicial year No.70 , and the court has adjourned its consideration to the session of April 20, 2024.
The Egyptian Center praises the ruling issued in favor of Dr. Mohamed Mohy, which reinforces the principle of the right of the pretrial detainee to work, and the invalidity of any decisions issued to terminate his service on the grounds of absence from work with a valid excuse represented in pretrial detention.
