News about a draft resolution to give judicial police power to administrative security personnel at Egyptian universities has raised controversy within academic, political and student circles. Although university officials denied being responsible for the resolution, students have protested the development, claiming they need to defend their right to unfettered activities on campus.
News about a draft resolution to give judicial police power to administrative security personnel at Egyptian universities has raised controversy within academic, political and student circles. Although university officials denied being responsible for the resolution, students have protested the development, claiming they need to defend their right to unfettered activities on campus.
“University guards were like a sword hanging over our necks,” said political activist Mohammed Yousry. He added that the one key demand of the March 9, 2008 university independence movement was to remove university guards. One of the movement’s members, Abdul Jalil Mustafa, filed a lawsuit in 2008 to force the ministries of higher education and the interior to remove the police from university campus’ because of their alleged interference in students’ affairs and their suppression of freedom of expression. On October 23, 2010 the judiciary ruled in favor of the movement and university guards were replaced by security departments.
The current Minister of Higher Education, Hossam Issa, a prominent figure of March 9th movement (which united professors and students) denied having asked the Justice Ministry to pass the resolution and explained that there was an earlier draft resolution issued by the former Minister of Justice based on a recommendation from the Supreme Council of Universities to secure them. He called the students to denounce the judicial police resolution, as he could not prejudice the authority of a university president or a college dean. “I do not know how the resolution was enacted and I feel sorry about the attack launched by revolutionary figures against me on account of that resolution,” he said.
The judicial police resolution for university security had been disclosed by media reports because it was a draft resolution presented by the Minister of Justice, Counselor Adel Abdel Hamid, at the request of the universities’ supreme council. The minister denied having issued any draft law. He, however, confirmed that three requests were previously put up by the ministry of higher education to former justice ministers. The Supreme Council of Universities, for its part, quoted Ashraf Hatem Amin to have said the Council would request university presidents to present the judicial police case to the university councils to discuss it and decide as to implement or reject the draft resolution. Afterwards, a letter would be addressed to the Ministry of Justice listing the names of the universities to which the resolution would apply. It was also stated that the decision would be presented to the judicial police committee at the Ministry of Justice for final decision on the draft resolution implementation. On the other hand, the universities of Cairo, Helwanand Ain Shams decided that the resolution could be implemented only after conducting an opinion poll to include all colleagues, university faculty, staff and students as partners for setting agreed upon criteria.
Discrepant attitudes against the resolution within Egyptian universities
There were varied reactions towards the draft resolution among the faculty members at Egyptian universities. Head of Criminal Law Department at the University of Alexandria Amin Mustafa said he had no objection to granting judicial police authority to administrative security staff at the universities, but at the same time the judicial police authority must be exclusively granted to specialized groups given that Article 23 of the principle of procedures provided that judicial police authorization must be limited to a specified number of individuals including, for example, police officers and prosecutorsbeing qualified to carry out control and inspection duties, according toMustafa. He added, “If we were to give this authorization to civil individuals, it may be exclusively granted to L.L.B.holders, this being an essential prerequisite because such persons are fully cognizant of what a judicial police means.” “The concept of university guards is required, but not in its old form especially within theoretical colleges where large numbers of students exist and riots as well as the use of bladed weapons are ruled on,” he added.
Farouk Ismail, former president of Cairo University and Head of Al-Ahram Canadian University, believes that the resolution is meaningless and will not achieve discipline for the universities, but rather creates centers of power within university campus. He suggested that this resolution should be replaced by appointing a number of police officers from the Interior Ministry to ensure security at universities. They should wear ‘civilian’ clothes instead of the formal military uniform to take over the duty of implementing discipline and security within universities. Another option, he proposed, is to seek the help of some private security companies. “We do not want to develop systems that are unparalleled in the world. If we look at the systems in force abroad, we would find that in the U.S., for example, universities have no walls and private security companies are hired to guard the university premises from outside only. In general, universities abroad depend on security companies for their security,” he explained.
Reasons for security pressure
At the same time, AinShams University Syndicate members, in a statement issued on September 14, expressed their rejection to grant judicial police authority to administrative security personnel at the universities and give them the right to detain, file reports and arrest any member of the university system including students, staff or professors without legal or constitutional support.
The syndicate members also added that the real objective of the judicial police authorization is to have the rationale for exercising security pressure against activists on campus without confining the police seizures to violent crimes perpetrated by students. The syndicate’s statement also mentioned that judicial police authorization would impose a security system which is absolutely unacceptable by professors and students alike.
The syndicate professors presented several alternative proposals to resolve the crisis without the need for judicial seizure procedures including tightened punishment for carrying arms, drug trafficking and harassment on campus in addition to disqualifying violators from taking examinations for a period of three years. The punishment could be dismissal of violating students in case the offense has been repeated, according to the professors’ statement.
Security vacuum
The argument on which the judicial police draft resolution depends is to fill the security vacuum existing within the campus following the abolition of university guards system. Some complained that the campus has experienced a state of confusion given the deteriorating security situation in the country. Sabri Sanusi, professor of constitutional law at Cairo University, explained the resolution and said, “The campus experienced criminal offenses like riots, bullying, harassment of female students, open drug abuse and clashes among students.” He added, “These offenses require crucial treatment. Therefore, judicial police procedures are required to face such criminal offenses.” He has stressed that normal student irregularities can be handled through other procedures including disciplinary action by ad hoc bodies under university laws and regulations.
Student Union: The resolution aims to obstruct student movement
Ahmed Baqary, Vice-president of Egyptian Students Union and Head of Al-Azhar University Students Union, denounced the decision to grant judicial police authority to administrative security personnel at the universities and viewed this action as a return to a situation worse than the one that prevailed under ousted president Hosni Mubarak. He explained that the decision was not made on a legal basis and that the regulations enforced by the universities included a number of punishments against violating students, starting with a one-week suspension up to a final dismissal from university. These sanctions, he believes, leave no room for any legal arguments. He stressed that students union viewed the resolution as a failed attempt to block off the students movement.
Popular Movement students released a statement in which they voiced their rejection of the draft resolution warning against renewed intervention of university administration and security services in the students’ activities. The statement indicated that the Union had been stunned by the resolution against which Egyptian students and revolutionaries struggled hard to produce a court ruling in support of their demands.
Human rights organizations denounce the resolution
Saeed Abdel Hafez, human rights activist and Head of Dialogue Forum for Development and Human Rights, expressed rejection of the Justice Minister’s resolution. He explained that Egyptian citizens have deep compliance with public security and police officers’ orders, but they do not want to comply with orders made by ordinary people, like themselves, such as university personnel. He added that security and police officers could be held accountable for committing offenses against students on campus because their senior officers are identifiable. He wondered how civil servants assigned security duty could be accountable in case of abuse of authority or violation of judicial orders. “The solution lies in returning the university guards but with specific legal duties and keeping them away from any security agencies affiliated to an organization that stands against student activities as was the case with state security agencies,” concluded Abdel Hafiz.
Lawyer and human rights activist Mohammed Abu al-Azim believes the resolution was viewed as a mouth-muzzling policy and a move to deprive students and faculty members from exercising their political rights as well as a pre-planned attempt to suppress any opposition protests or sit-ins. Human rights activist and member of ‘Conscience Front’ Nevin Malak condemned the resolution, describing it as an attempt to empty political life of its mobility and elements of survival represented by the youth of the January 25 revolution.
Alternatives and solutions
Mohabbat Abu Omayra, former dean of Women’s College at Ain Shams University, proposed several solutions and alternatives for the judicial police authorization resolution. Among these alternatives are the installation of electronically operated gates at the universities’ entrances and exits to prevent entry of arms and police presence at gates through a booth and a stationed patrol car to cope with emergency situations. The third solution is to apply successful experiences from abroad, including those used in France and Britain, which do not permit any protests or sit-ins on campus. Protests or complaints are directly taken to the university president or students chief. In addition, human and social security solutions must be enforced early in the academic year through allocating student awareness and exchanges programs and taking students’ demands into consideration.
