27 of October 2008

Egyptian judges call on judges to rely on international conventions ratified by Egypt in their rulings

Yesterday, the activities of the forum organized by the Arab Center for the Independence of Judiciary and Legal Profession in cooperation with the International Bar Association on “the Role of Judges and prosecutors in about the International Covenant on Civil and Political Rights”. This forum continued from 25 to 27 of October 2008, in Ras Seder City.

Twenty-five jurists and judges, whether from the ordinary courts or judges of the State Council, participated in the activates of this forum, in addition to experts in international law and international humanitarian law and activists in the field of human rights.

This is the fourth forum of its kind, organized by the Arab Center for Independence of the judiciary and the legal profession, which concludes its campaign on "the role of judges and lawyers and prosecutors in activating the texts of the International Covenant on Civil and Political Rights," ratified by Egypt in January 14 1982 and published in the Official Gazette on April 15 1982..

This campaign included – that was organized by the Center throughout 2008 with a financial support from the European Union - four seminars and workshops for judges attended by more than 80 judges whether from the State Council or the ordinary courts. Furthermore, four training courses for lawyers attended by 80 lawyers who were trained on the skills of using international conventions before national jurisdictions. Moreover, the skills of attending investigations and argument skills, in addition to the skills of writing notes on issues related to the rights and freedoms guaranteed by International Covenant on Civil and Political Rights. As well as the definition of the rights mentioned in the Covenant and guarantees of fair and equitable trials, stipulated in article 14 of the mentioned Covenant.

This final forum for judges discussed the rights mentioned in the International Covenant on Civil and Political Rights, particularly the right to life and physical integrity and the right to freedom of opinion and expression. Moreover, it dealt in details human rights in the field of justice administration and fair and equitable trials.

Through the activities of the forum, workshops and workgroups, participants reached a number of proposals and recommendations to protect and activate the rights mentioned in the International Covenant on Civil and Political Rights, led by a set of general recommendations as follows:

Call upon judges, whether in State Council or normal judiciary, to rely in their judgments on the covenants and provisions of international instruments and covenants, ratified by Egypt in accordance with the constitutional and legal proceedings and became part of the national legislative structure. These instruments and covenants guarantee the protection of the rights and freedoms mentioned in relevant national legislations, in particular the International Covenant on Civil and Political Rights, ratified by Egypt in 1981 and published in the Official Gazette issue no. (15), on 15 April 1982.

Call upon the Egyptian legislator to make the necessary legislative changes to national laws in according with the provisions of the international charters covenants ratified by Egypt and with the charters of human rights that has become customary international law.

 Call upon the Egyptian Ministry of Justice to disseminate the international commitments related to human rights, which has been ratified by the Egyptian government and not yet published the official gazette - to meet the necessary legal steps to be implemented and to be used in judicial decisions.

Call upon the Egyptian judges’ club, the Supreme Judicial Council and the Ministry of Justice to work on raising the awareness among Egypt's judges on international covenants and charters - which has been ratified by the State - and the importance of their application and their role in supporting and promoting the conditions of justice and human rights.

Participants also reached a series of recommendations to protect the rights mentioned in the International Covenant on Civil and Political Rights.

 Firstly, the right to life:

• The need to review the Egyptian penal code  and to work on its amendment regarding the large number of crimes which carry the death penalty, In addition to limit this penalty on the most serious crimes only. Moreover, replace death penalties with other penalties, which deprive freedom, in the non-murder crimes associated with aggravating circumstances.
• The issuance of the death sentences should be done through the normal justice only and not through the exceptional or the military justice, after a trial having the guarantee of the right to a fair and equitable trial, which standards and conditions are mentioned in the Article 14 of the International Covenant on Civil and Political Rights.
• Including the possibility of accepting blood money in the killings to stop the death penalty and replace it - after accepting blood money - with life imprisonment.

Secondly, the right to physical integrity:

• Call upon judges appeal to pay attention  to the definition of the crime of torture mentioned in Article I of the Convention against Torture and other cruel treatment or cruel or degrading punishment, which was published in the Egyptian Official Gazette and came into force as of July 25, 1986.
• Call upon the Egyptian legislator to consider the position of a public servant as an aggravating condition of the penalty for the offense of torture, if this offense is committed by a public servant or under his knowledge or if he failed to prosecute the perpetrator.
• Call upon the Egyptian Public Prosecution to continue and activate the judicial control over places of detention and prisons.
• Call upon the Egyptian Ministry of Interior to raise the awareness of law enforcement officers (police officers and responsible persons of prisons and detention facilities) on right to physical integrity. In addition, raise their awareness on the provisions of the International Covenant on Civil and Political Rights and its place in the domestic legislation. Putting in mind that the violation of any of the rights mentioned in this covenant is a breach of the obligations of the treaty. Moreover, the Ministry should intensify the training on the skills of investigation and criminal investigation.

Thirdly, the right to a fair and equitable trial:

• The necessity to activate the legislative texts related to person's right to resort to the normal courts, and not to trial civilians before military courts.

• Narrowing the scope of pre-trial detention, and replace it with other alternatives that do not affect the right to liberty and personal security. Moreover, pay compensation for the prisoners in preventive custody, while reserve to make sure of their innocence, and publish the innocence decision in two daily newspapers at the expense of the State.

• The need for equality between the defense and the accused at all stages of criminal proceedings. Moreover, the need for a legislation requires that each defendant should have a lawyer at all stages of criminal proceedings, especially the detention stage, where the person may exposed to torture or cruel or degrading treatment.

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