Egypt

Cairo on 18 May 2006

The Ruling of the Disciplinary Trial Held for Deputies of the Court of the Cassation Head Represents a Victory for the Will of the Judiciary and Civil Society and Affirms that Egypt's Judiciary is not Independent

In what constitutes a round in the judges' battle for their independence, the disciplinary session held for Deputies to the Head of the Court of Cassation Counselor Mahmoud Makki and Counselor Hisham al-Bastawisi issued a ruling on Thursday, 18 May, 2006 reprimanding Counselor Bastawissi and acquitting Counselor Makki.

The undersigned organizations, despite the Constitutional drawback and reservations against the judges' disciplinary committee in accordance with Article 98 of the Judiciary Authority Law 46 and despite the difference in opinion between the chairman of the Supreme Judiciary Council who heads the disciplinary committee and three of the committee's members who head appeals courts on the one hand and the two counselors referred to the disciplinary committee on the other, believe that this ruling represents a victory to the will and solidarity of judges in the face of the powers wishing to enact the "judges' massacre" for the second time in Egypt's history. The steadfastness and solidarity of Egypt's judges and their Club and their insistence on their independence, in addition to the incessant and effective efforts on part of Egypt's civil society institutions to achieve the independence of the Judiciary as a fundamental guarantee to achieve justice prevented another judges' massacre in Egypt.

The undersigned organizations believe that the ruling reprimanding Counselor Hisham al-Bastawissi, Deputy to the Head of the Court of Cassation, resulted from severe drawbacks in Egypt's Judiciary Authority Law which lack the minimum standards for the independence of the Judiciary. Egypt's Judiciary Authority Law fails to provide the minimum guarantees for a fair and just trial in disciplinary cases where judges are involved.

Within this context, the undersigned organizations call upon the Egyptian government to accelerate the introduction of amendments to Egypt's current Judiciary Authority Law in a way that guarantees the real independence of Egypt's Judiciary Authority, as well as guaranteeing fair and just trail conditions to judges. The organizations call upon the government to urgently and immediately submit the draft amendments to the parliament's current session to avoid a repeat of this crisis against other judges.

The undersigned organizations express their extreme upset concerning what can be termed as the security management of Judiciary premises on the day of the disciplinary trial session and the accompanying dense security presence inside and outside the premises of the Supreme Court, as well as the practices against many citizens and preventing them and the lawyers from performing their jobs.

The undersigned organizations condemn the arbitrary arrests against hundreds of those showing solidarity with the judges. Within this context, considering Egypt's interior ministry responsible for the physical safety of those detained, the undersigned organizations demand that immediate and unconditional release of all those who were detained for showing solidarity with the demands of Egypt's judges.

Immunity has been withdrawn from the judges subject to the mentioned disciplinary trial since February 2006 due to their announced positions towards the rigging of parliament election, their position towards the draft amendments of the Judiciary Authority Law and for having exercised their right to the freedom of opinion and expression.

Investigations were based on largely illegitimate procedures. The two judges were referred to a disciplinary court that lacks the minimum guarantees for a fair trial.

The first of this trial's sessions was held on Thursday, 27 April, 2006. The second session was held on Thursday, 11 May, 2006. The mentioned ruling was issued on Thursday, 18 May, 2006.

Organizations:

1.     The Arab Center for the Independence of the Judiciary and the Legal Profession

2.     The Egyptian Organization for Human Rights

3.     Group for Democracy Development

4.     Arab Organization for Criminal Reform

5.     Human Rights Association for the Assistance of Prisoners

6.     Dialogue Forum for Development and Human Rights

7.     Andalus Center for Tolerance Studies

8.     Qistass Association for Legal and Constitutional Rights

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