68.
The Respondent State further submits that the Egyptian Government has not
appealed against such ruling of the Administrative Court, instead the appeal was
made by lawyers who intervened in the case.
69.
In consequence, the Respondent submits, the two Complainants have the right
to rely on these provisions with a view to obtaining the identification card and the
official documents leaving the religion column vacant.
70.
For the above reasons, the Respondent State requests the Commission not to
admit the Complaint because the subject of the Complaint is now over, for the
Complainants have the right to approach the Administrative bodies to get the official
documents in accordance with the final judicial decisions passed by the
Administrative Judicial Court.
C. Supplementary submissions of the Respondent State
71.
In its supplementary submission, the Respondent State draws the attention of
the Commission to the decision of the High Administrative Court which examined the
appeal by the Complainants on 16 March 2009 and decided unanimously not to accept
it on the grounds that the Egyptian Government had not challenged the
aforementioned decision, but instead it was challenged by those who intervened on
their own behalf.
72.
Therefore, according to the Respondent State, the ruling in favour of the
Complainants that they should be issued identification cards with the religion column
left blank is final and legally binding.
73.
The Respondent State also makes reference to Decision No. 520 issued on 19
March 2009 by the Ministry of Interior to implement the above final ruling. The
Decision amends the executive provision of the Civil Code by adding a third new
paragraph to Article 33 which enables all followers of the Baha’i faith and all those in
a similar situation to be able to request their previous identification cards and other
relevant documents to be corrected in line with the final ruling.
74.
The above Ministerial Decision, according to the Respondent State, makes
reference to the following legal conclusions:
I.
the rule on the implementation of the Civil Code Act 143 of 1994 and the
administrative ruling in favour of some followers of the Baha’i faith,
should be incorporated into the legal texts as they have legitimized this
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