A/HRC/16/53/Add.1
religions or beliefs and do not discriminate for reasons based on religion or belief, and that
all necessary and appropriate education or training is provided”.
91.
The Special Rapporteur asked the Government to please clarify how the Egyptian
legislation and jurisprudence on issues pertaining to the change of individuals’ religious
affiliation, including the reflection of their conversion in identification documents, are
compatible with international human rights standards regarding the right to freedom of
religion or belief.
(b)
Response from the Government dated 27 April 2010
92.
In its response of 27 April 2010, the Government of Egypt indicated that the
Egyptian national Mohammed Ahmed Abduh Hegazy declared his conversion to
Christianity in 2007 and submitted a request to the authorities asking for the details of his
name and religion to be changed in his national identity card. In that connection, Mr.
Hegazy filed a lawsuit (No. 35647, judicial year 61) on 4 August 2007 challenging a
decision of the Civil Status Department to reject his request.
93.
On 29 January 2008, the Cairo Administrative Court delivered a ruling declaring the
case inadmissible, as the Civil Status Department of the Ministry of the Interior had not
issued an administrative decision rejecting Mr. Hegazy’s request. It follows that the court
ruling was not directed against Mr. Hegazy, but simply provided for the case to be
dismissed on formal and procedural grounds. It was this ruling that was appealed in
proceedings filed in March 2008 with the Supreme Administrative Court (No. 13040, year
54, Supreme Administrative Court). The appeal is still being considered.
94.
In the opinion accompanying its ruling, the Administrative Court made a number of
comments, to which the Government of Egypt drew attention:
• The safeguards and firmly established principles enshrined in the Egyptian
Constitution guarantee citizens freedom of religion, belief and worship and grant
every citizen the right to adhere to any religion or belief or to convert to another
religion. However, formal procedures are not a private matter but rather a separate
issue. Procedures are regulated by law in order to prevent any threats or risks being
posed to public order (ordre public). This is not inconsistent with article 18,
paragraph 3, of the International Covenant on Civil and Political Rights;
• In connection with the above, there is no doubt that persons who change their
religion on bogus grounds or for the sake of personal gain can stir up unrest, which
threatens security, social peace and public order. It is also a fact that Mohammed
Ahmed Abduh Hegazy has been a defendant in four court cases, the most recent
being Port Said Administrative Court Case No. 1064/2006, in which Mr. Hegazy
was indicted for assault and vandalism. In addition, Mr. Hegazy’s former lawyer,
who filed the case, held a press conference at the Kalimah Centre for Human Rights
in August 2009. On that occasion, he announced that he was withdrawing from the
case, because Mr. Hegazy’s conversion to Christianity was not credible and, indeed,
Mr. Hegazy had not provided any church authority with documentary evidence
attesting to his desire to convert. This is consistent with Mr. Hegazy’s reputation for
seeking attention and trying to make personal gain by all possible means;
• On 30 May 2009, Mohammed Hegazy filed another court case with the State
Council (Case No. 41935, judicial year 63) against the President of the Republic and
others, challenging the decision not to change the details in his identity card and
demanding that the Civil Status Department be compelled to register his name as
Bishoy Aramea Paulus and his religion as Christianity. In the event of a refusal, he
asked for his name to be changed and the details of his religious affiliation to be
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