Local Conferences

“The Concept of the Ordinary Judge (COJ) and realities of the Judicial

Organization in Egypt” – December 1997.

Overview of the conference:

The ACIJLP organized a conference on The Concept of Ordinary Judge (COJ) and Realities of Judicial Organization in Egypt; on Tuesday 23 December 1997.Eight research papers were discussed during four sessions beside the closing session as well as participation of sixty-five attendees of legal scholars.

Research papers:

Title	Speaker	Paper
President of court of appeal and judicial supervisor	Prof./Justice Osama El-Shenawy	Special Courts in Egypt and the COJ
Cassation lawyer	Mr. Aadel Eied	Military Judiciary and the COJ
Criminal law Professor- Bani Sweif university	Dr. Mohamed Gaber Gerah	Juvenile Court and the COJ
Cassation lawyer	Mr.Essam Alsambouly	Values Courts and Parties Court
Legal researcher	Mr. Atef Shahat	Supreme Constitutional Court and the COJ
General law professor- Cairo University	Prof. Fat’hy Fekry	Appearing the President, Ministers and Deputies before the courts
General law professor- Asuit University	Prof. Hassan El-Labidy	The COJ in Shari’a
General law professor- Mansoura University	Prof. gorgy Shafik Sary	Natural judiciary against conducted procedures under article74- case study

The final discussions and recommendations included:

Calling all democratic powers, NGOs, Human Rights organizations and Jurists to demand that all authorities adopt the RJC, that has been recognized in international constitutions and conventions as well as national and international conferences. Ensuring that the RJC is not separated from considering the judiciary as an independent authority as well as abolishing many forms of the special and exceptional courts in Egypt.

Moreover calling for the following:

1. Essentiality of drafting a new Constitution to include an article on real independence for the judiciary and separation of powers. Until this amendment is achieved declarations were made to purify the existing Constitution from all exceptional articles that allow illegalities in relation to the Constitution, such as the article allowing for extension of Emergency status or (constitutional revolution), article No.74 of the Constitution. In addition, restricting the legislative authority in arranging and organizing judicial authorities, and canceling the provision in the Egyptian Constitution on State Security Courts.

2. Canceling all State Security Courts, Permanent or Emergency, which are formed according to Law No.162/1958 on Emergency status, as well as ceasing the Emergency status in Egypt which has functioned since 1981.

3. Canceling the Values Court founded through Law No.95/1980 on protecting values from shame, as well as canceling the Socialism Public Prosecutor system founded through the same law. Canceling the Parties Court of Law No.40/1977.

4. Ceasing to refer civilians to Military Courts by canceling article No.6.2 of Law No.25/1966 on Military Judgments, stopping referral of juveniles to Military Courts, stated in article No.8 of the same law. Drafting a new law dedicated to the formation of Military Courts for militants, under regulation guaranteeing the independence of the judiciary, defending rights, dedicated to militants and for disciplinary actions only, thereby leaving the regular judiciary to manage all other actions.

5. Drafting a new law to amend Law No.79/1958 on bringing Ministers before the courts, where the court board is comprised of a purely judicial formation without participation by any other political figures outside the judicial system.

6. Necessity to ensure the financial independence of the judiciary authorities’ budget, as well as independence for the prosecution as an integral guarantee to the independence of the judiciary.

7. Modify the Supreme Constitution Court Law No.49/1979 to allow citizens the right to proceed directly to the Supreme Constitution Court, challenge with unconstitutionality, this guarantees a real independence for the court.

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