Egyptian Court Rules: Decision Disbanding Muslim Brotherhood Null and Void
Monday, July 2,2012 19:19

Cairo Criminal Court, headed by Justice Noor al-Din Yusuf Abdul-Qadir, has announced reasons for its ruling in a case that Egyptian media knew as the case of ‘International Organization’ of the Muslim Brotherhood, having acquitted Dr. Osama Suleiman, a businessman and one of the icons of the Brotherhood, of the charges of joining a group founded in contravention of the provisions of law, and money laundering.

In its historic statement of reasons, the Court stressed that the Muslim Brotherhood was not founded in violation of the provisions of the Constitution or the law, nor did the prosecution provide any evidence whatsoever to prove that the group – at any time – called for ignoring or abolishing the provisions of the Constitution or the law, or for preventing state institutions and the public authorities from exercising their duties. The court further added that the Brotherhood therefore did not actually commit any act that could lead to such offences.

The Court stated, "Having studied and carefully considered the reality of the Egyptian political scene and economic life in Egypt, the Court believes that the Muslim Brotherhood was founded at the time in accordance with the provisions of the law. After the 1952 revolution, the government considered the Brotherhood a political party, subject to a newly enacted law to disband political parties. This Court considers that the Brotherhood never behaved or was described as a political party, and certainly was not established under the political parties law.

"Therefore, to dissolve the Brotherhood, the authorities should have referred to the law according to which the organization was originally established, which is the NGO law. When the Revolutionary Command Council issued the decision to dissolve the organization, it turned the Brotherhood into a political party against the wishes of the Brotherhood’s members, which is not lawful. The Revolutionary Command Council did not have the authority to force people to enter in a political party or form a party against their will. Thus the decision to disband the Brotherhood was null and void. Hence, the Brotherhood cannot be described as an organization established in contravention of provisions of law."