Egypt

Cairo on 13 April 2006

Egypt

Attack against Judges Escalated

The Arab Center for the Independence of the Judiciary and the Legal Profession (ACIJLP) expresses its extreme concern over the Egyptian government's insistence on measures against judges that threaten of continued deterioration of the independence of the Judiciary in Egypt.

In a development that signals another massacre against Egypt's Judiciary, Counselor Mahmoud Abu-Shousha (head of court) called deputies to the head of the Court of Cassation Counselors Ahmed Makki, Mahmoud Makki and Hisham al-Bastawissi for investigation with relation to State Security lawsuit 1221 of 2005. Thus, the number of judges referred to investigation on the grounds of having exercised freedom of opinion and expression and their declared positions with relation to the Judiciary Authority draft law reaches eight (8) judges.

ACIJLP points out that the investigation decision against the above-mentioned Counselors constitutes a violation of the provisions of the Egyptian Constitution, as well as the Egyptian Judiciary Authority Law 49 of 1972, the provisions of which state that: "the Prosecutor General, any of his assistants or deputies –except in cases where a judge is caught in the act of a felony or misdemeanor- may not take any investigation measures whether through questioning, interrogation, confrontation, search, seizure of belongings or possessions or other investigation measures except with the permission of the Supreme Judiciary Council. In case the mentioned permit is issued according to the request of the Prosecutor General, provided it is submitted to the Supreme Judiciary Council following a criminal or administrative investigation performed by one of the deputies of the head of the Court of Cassation.

The Supreme Judiciary Court, after accepting the Prosecutor General's request, may perform the investigation with the judge(s) or appoint one of its members. Provided that the Supreme Judiciary Court's permission is issued, the investigation should be undertaken by a counselor who occupies the grade of deputy to the head of the Court of Cassation if the judge to be investigated is a counselor of the same court. If the judge to be investigated is a deputy to the head of the Court of Cassation the investigator should have longer years of service.

These provisions have not been observed in the investigation with the mentioned counselors referred to investigation.

The Arab Center for the Independence of the Judiciary and the Legal Profession (ACIJLP), in the face of these violations of the principle of the Independence of the Judiciary in Egypt, and the obvious violation of the provisions of Egypt's Constitution and the Judiciary Authority Law, has many reasons for concern about intentional violations against the judges referred to investigation for having exercised their right to the freedom of opinion and expression and for having disclosed their opinion about the Judiciary Authority draft law. ACIJLP fears that these incidents signal another judiciary massacre in Egypt.

ACIJLP, following these violations, calls upon Egypt's Minister of Justice to immediately and urgently intervene to stop these measures that violate the independence of Egypt's Judiciary and represent a violation of Egypt's international obligations as signatory to international agreements with relation to the independence of the Judiciary.

Within the framework of coordinating with relevant international organizations which have already started taking action concerning the Independence of the Judiciary crisis in Egypt, such as the International Committee of Jurists (ICJ) and the International Judges' Union, ACIJLP calls upon the UN Special Rapporteur on the Independence of the Judiciary to immediately and urgently intervene to stop this series of violations against the judges for having exercised their right to the freedom of opinion and expression.

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