Egypt

Cairo on 3 April, 2006

ACIJLP's Response to the Statement Issued by Heads of Appeals Courts

Yes, Egypt's Judiciary Is Not Independent

The Arab Center for the Independence of the Judiciary and the Legal Profession (ACIJLP) received with much disturbance and surprise the statement issued by head of courts of appeal in Egypt dated 2 April, 2006.

ACIJLP is seriously disturbed because this statement was issued by Egypt's heads of Appeals courts who are expected to verify their sources and information and refrain from making accusations without irrefutable evidence.

The head of Appeals courts' statement appalled ACIJLP because it includes many phrases of name-calling and defamation against thousands of Egypt's judges for having legitimately expressed their opinions through their general assemblies and these opinions related to their profession, guarantees to its independence and their viewpoints on draft laws governing the Judiciary Authority.

ACIJLP  expresses its disturbance that the mentioned statement issued by the head of Appeals courts describes thousands of Egyptian judges gathered at their extraordinary general assembly on 17 March, 2007, as illegitimate and as having disregarded the law and the Constitution for having called for the independence of the Judiciary in Egypt. Thousands of Egypt's judges were described as acting illegitimately for having exercised their Constitutional right to the freedom of opinion and expression while having observed the principles and ethics of the Judiciary profession.

ACIJLP also expresses its disturbance that the mentioned statement issued by a group of heads of courts of Appeal –there are eight such courts in Egypt- included many distorted facts, such as :

1. Accusing Egypt's judges of practicing political activities. The statement ignored the explanatory memo issued by the first judiciary power in Egypt 66 of 1943 which stated that "judges, being citizens, may express their opinions on matters related to their country, with the only restriction of practicing political activity, such as forming or joining political parties or expressing their opinion through information derived from an ongoing court case or investigation conducted by the judge."

2. The statement's claim that Egypt's Judiciary is independent, contrary to the opinion of many of Egypt's legal jurisprudents and contrary to the common knowledge among Egypt's judges which they have disclosed in their successive general assemblies. The statement also contradicts with the current political discourse which promises to guarantee the independence of the Judiciary Authority in Egypt.

3. The Egyptian judges described by the statement as "mere judges who appointed themselves as guardians to Egypt's judges" are in fact the members of Egypt's Judges' Club General Assembly. It was actually the statement issued by the eight judges who head Egypt's eight courts of Appeal that tried in many instances to impose these eight judges' guardianship over the unanimous decisions issued by the Judges' Club General Assembly.

4. The Egyptian nation has reached a stage where it can not fall under anybody's guardianship, even the guardianship of judges. However, daily incidents on the Egyptian street show that many of the people's sectors support the positions and stances of Egypt's judges demanding for the citizens' right to an independent Judiciary.

ACIJLP was appalled about the statement's accusing members of the Judges' Club elected board of directors of calling for foreign intervention in Egypt's affairs in a blatant attempt to provoke the citizens against the demands of the judges they support.

ACIJLP points out that the mentioned statement only represents the opinion of eight of Egypt's judges. It does not represent Egypt's courts of appeal because it was not issued by the mentioned courts' general assemblies.

Finally, ACIJLP warns that the language included in the statement issued by the eight heads of appeals courts –who do not represent Egypt's judges- undermines confidence in Egypt's judges whose colleagues accuse of lack of neutrality, lack of objectivity and illegitimate and illegal actions.

ACIJLP believes that the mentioned statement complements a set of attempts and pressures exercised by the government against Egyptian judges who are demanding the right of Egyptian citizens to an independent Judiciary.ACIJLP, following the statement issued by the eight heads of courts of Appeal, has many reasons for concern about the Judiciary Authority draft law which the Judges' Club submitted. ACIJLP also has many reasons for concern about the judges calling for and demanding the independence of the Judiciary. ACIJLP reiterates its call upon the Special UN Rapporteur on the Independence of the Judiciary and the International Lawyers' Committee to immediately and urgently intervene to put an end of this series of pressures against Egypt's judges and their right to the freedom of opinion and expression.

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