Cairo, 24^th September 2008

Egypt: a deliberate abuse of justice

Another assault on the judiciary and lawyers

The Arab Center for the Independence of the Judiciary and the Legal Profession (ACIJLP) is extremely concerned about the state of justice in Egypt. The Judges’ and lawyers’ immunity and protection has reached the point that police officers have again physically and verbally assaulted judges and lawyers.

ACIJLP greatly suspects that this repeated assault of judges and lawyers is part of a government strategy and vision, whose purpose is further abuse of judges’ dignity. The features of this strategy began with the imposition by the Egyptian Justice Minister of financial restrictions on the Judges’ Club, and his repeated attempts to humiliate the judiciary with the assistance of some of the administration councils on which judges sit. He presents judges as if they are unable to protect their legislative and constitutional immunity - in response to their assent in the issue of the most recent forged presidential and parliamentary elections – in a letter whose contents negate the powerful national solidarity, and coming together of political movements, with judges. It also implies that judges have had no role in any attempt at political reform.

For these reasons, and in line with a scenario implemented by the Egyptian Interior Minister, police officers again assault and humiliate Egyptian lawyers, whose position towards the forgery of the parliamentary and presidential elections, and support of judges’ demands for independence, has not changed. Instances of the assault, humiliation and detention of lawyers in police stations without legal justification has increased recently.

Increasing ACIJLP’s concern is that these assaults of Egyptian judges and lawyers are carried out by police officers, who for the most part are not brought to account and escape punishment. Charges are not brought, they do not appear before a court and judgements are not handed down against them.

The circumstances of the assault and verbal abuse by three police officers of two heads of the Aswan Summary Court in Luxor airport while the latter were returning to Cairo on 22/9/2008 demonstrates the extent to which judges’ constitutional and legislative immunity is under threat. These attacks cannot be described as isolated and exceptional incidents, since they occur without any fear of being held to account.

ACIJLP reaffirms that these attacks are a threat to justice in Egypt, and a violation of international instruments, in particular the United Nations Basic Principles on the Independence of the Judiciary. They are also a violation of the Egyptian Constitution and legislation, and imperil justice since they undermine the independence of the judicial and legal profession in Egypt.