Egypt

Cairo 25th, January 2006

The Public Prosecution's Decision Concerning the Crimes Committed on the Day of the Referendum on Article 76 of the Constitution Opens the Door to International Criminal Judiciary Intervention

The Arab Center for the Independence of the Judiciary and the Legal Profession (ACIJLP) expresses its extreme surprise about the decision of Egypt's public prosecution on 27 December 2005 stating that there are no grounds for a lawsuit because the real perpetrator(s) of the crimes accompanying the referendum on Article 76 of the Egyptian Constitution on 25 May 2005 is (are) unknown. The crimes subjected some demonstrators, as well as female journalists, to beating and violation of honor.

ACIJLP is further surprised and disturbed by the decision because we are accustomed to prompt and serious action on part of all state authorities in similar matters of public opinion to uncover the perpetrators within days and with relation to less complex crimes, particularly that the defendants in this case submitted the names of the perpetrators and video recordings of the incidents taken by news agencies.

ACIJLP believes that this decision portrays the Egyptian Judiciary as incompetent , or at the best of cases, unwilling to move criminal action and expose and question those involved in the mentioned crimes. This opens the issue for investigation on part of international criminal courts, as well as opening the door before the victims to resort to international criminal courts for justice.

ACIJLP intends to challenge the public prosecution's decision before the Kasr al-Nil misdemeanors court according to Article 162 of the Criminal Procedures Code.

ACIJLP had received complaints from the following victims:

1.    Abeer Ahmed Hassan

2.    Hani Is'hak Samaan

3.    Shaimaa Abul-Kheir Soliman

4.    Iman Taha

ACIJLP followed the investigations related to these crime and made many requests that the Prosecutor General's office intervene to protect the victims and witnesses from security pursuit and harassment, as well as being monitored by authority figures in and out of their homes. Victims and witnesses were also threatened that their families would be subject to security harassment and pursuit. All these pressures were exerted on the victims and witnesses to compel them to change their statements. However, no serious action was taken to expose the perpetrators and inciters to the crime.

ACIJLP also appealed to Egypt's Prosecutor General to –if serious investigations had commenced that aim to reach and hold perpetrators accountable- to announce the results of the investigation to the Egyptian public opinion to support the rights and freedoms of citizens and emphasize the rule of law. ACIJLP also requested a copy of the investigation record according to the Prosecutor General's instructions in 2002. However, until the decision was issued stating that the lawsuit had no grounds none of the ACIJLP requests were fulfilled.

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