Updated: Egypt govt could appeal court decision voiding Saudi-Egyptian
island deal: Minister
An administrative court ruled two Red Sea islands should remain Egyptian and
forbids the government from tampering with their status; Minister of
Parliamentary Affairs El-Agati tells Ahram Online govt is considering an
appeal
El-Sayed Gamal El-Din , Tuesday 21 Jun 2016
http://english.ahram.org.eg/NewsContent/1/64/223505/Egypt/Politics-/Updated-Egypt-govt-could-appeal-court-decision-voi.aspx

Egypt's minister of legal and parliamentary affairs Magdy El-Agati said
on Tuesday afternoon that the government is considering a legal challenge to
today's Administrative Court ruling to void a recently signed Egyptian-Saudi
border re-demarcation agreement that placed two Red Sea islands in Saudi
waters.

El-Agati added that all executive state apparatuses respect court rulings.

A judicial source had told Ahram Online that the State Lawsuits Authority,
the body which represents the government in lawsuits, would appeal the
ruling before the Supreme Administrative Court within hours.

Egypt's Administrative Court ruled on Tuesday morning that the 8 April
border re-demarcation agreement which placed the two Egyptian Red Sea
islands of Tiran and Sanafir in Saudi waters is void, adding that the two
islands should remain under Egyptian sovereignty.

The judge who issued the ruling, State Council Vice President Judge Yehia
El-Dakroury, reasoned that since the agreement was void, "the islands should
remain part of Egyptian territory and within Egyptian borders; Egyptian
sovereignty over the islands holds, and it forbidden to change their status
in any form or through any procedure for the benefit of any other state."

The judicial source had told Ahram Online that "the ruling disregarded all
[arguments] presented by the government," the source said.

The source added that the government has not attempted a final
administrative move to execute the deal. He claimed that the report by the
State Comissioners Office - which issues recommendations to the
administrative court - was unlawful, and that the judiciary has no
jurisdiction over the islands issue since it is a question of sovereignty.

The agreement, which was signed by Egypt and Saudi Arabia during a five-day
visit by Saudi King Salman to Cairo, stipulated that the two islands in the
southern entrance of the Red Sea's Gulf of Aqaba fall within Saudi waters,
thus paving the way for a transfer of sovereignty to Riyadh.

Egyptian rights lawyer Khaled Ali and a number of other lawyers had filed a
lawsuit with Egypt's Administrative Court at the State Council arguing that
Egyptian President Abdel-Fattah El-Sisi, Prime Minister Sherif Ismail and
Parliament Speaker Ali Abdel Al had wrongfully waived Egyptian sovereignty
rights over the two islands.

Future scenarios open: Expert

The Administrative Court's ruling will be respected by all state powers
until the Supreme Administrative Court issues a final decision in the case
of an appeal, Shawki El-Sayed, a constitution expert told Ahram Online.

Article 50 of the State Council Law reads: "An appeal before the Supreme
Administrative Court does not stop the execution of a ruling which is being
appealed, unless the Appeals Examination Department decides otherwise."

The Supreme Administrative Court has the right to overturn the ruling or to
uphold it, El-Sayed said, adding that its decision will depend on the
reasoning given by the judge for Tuesday's ruling.

El-Sayed explained that the content of the specific reasoning the judge
gives for issuing the ruling would impact possible future actions, El-Sayed
said.

For instance, El-Sayed explained, a reasoning which is based on procedural
considerations - such as parliament needs to discuss the agreement first
then approve it - would be dealt with differently than a reasoning based on
administrative considertions, such as documents the court examined to prove
Egyptian sovereignty over the islands.

"So we need to wait for the Supreme Administrative Court's ruling," El-Sayed
concluded.

"I expect that in case of a government appeal, the Supreme Administrative
Court will issue a ruling quickly to settle the debate, since it is an
important case related to international relations and sovereignty rights,"
El-Sayed said.

Deal in limbo

The deal sparked widespread street protests during which dozens of
demonstrators were arrested and put on trial for illegally protesting.

Most of those who stood trial were acquitted in court, but 47 defendants
paid EGP 100,000 in fines.

Lawyer Malek Adly, one of the lawyers who co-filed the lawsuit with Ali
against the deal, has been in detention since late April, facing charges of
spreading false rumours and inciting protests against the agreement.

Egypt's House of Representatives had not yet discussed or ratified the
agreement.

However, the Saudi Shura Council approved the deal on 25 April and the Saudi
cabinet followed suit on 2 May