Freedom and Justice Party Awaits Release of Funds, Personal Property
Mahmoud Abul-Enein, Freedom and Justice Party (FJP) lawyer, said the FJP awaits enforcement of a Tuesday court ruling that overturns 17 earlier court orders to seize funds and property of people the coup government accused of belonging to the Muslim Brotherhood in order to confiscate their property. The junta government may challenge the latest ruling.
"Even if challenged by the government, the court ruling is still enforceable. Any challenge will in fact be rejected, especially since the government’s decision (expressed through 17 court orders) had no legal basis whatsoever."
According to a judicial source, the State Council’s Administrative Court, presided over by Judge Yahya Dakroury, ruled in 17 lawsuits where earlier court orders had been issued to seize funds, schools, companies and personal property of people said to be members of the Muslim Brotherhood. The Administrative court declared that those orders were in fact null and void.
"The court has established its ruling on the fact that the decisions to seize assets should have been issued via legitimate means and legal due process that do not ignore the provisions of the Constitution and the law, on the grounds that the Criminal Court is the competent authority to seize funds and property and to prevent the owners from the disposition of property. This cannot be achieved with an administrative decision.
"The same reasoning explained that ‘terrorism poses a threat to society which competent authorities should handle… Dealing with terrorism and every departure from the law must be itself legitimate, through means and procedures that do not ignore the provisions of the Constitution and the law… The dangers of tyranny on the society are by no means less significant than the threat of terrorism."