|
Egypt 2008 |
|
|
|
|
|
Cairo, December 18th 2008 Press release
ACIJLP calls for The Arab Center for the Independence of the Judiciary and Legal Profession (ACIJLP) expresses its grave concern about wasting the right of citizens to resort to their normal judge, and the continuing transfer of accused persons or cases in Egypt to an exceptional judiciary represented in the emergency state security courts or military courts. All of this represents a breach of Egypt’s international commitments and obligations and a squandering of fair trial guarantees mentioned in the International Covenant on Civil and Political Rights, ratified by Egypt in January 15, 1982 and entered into force upon its publication in the Official Gazette on April 15 of the same year. What raises the concern of the Center is that the coming period in Egypt could see a rise in rates of referral to the emergency courts especially after the recent constitutional amendments, which could be invoked for the provision of article 179 of the Egyptian Constitution, which states that "... ...... The President of the Republic has the right to transmit any of the crimes of terrorism to any judicial body stipulated in the constitution or the law. " The center believes that the trials take place under the Emergency State Security Courts lack the minimum guarantees of fair and equitable trial standards. The emergency law No. 162 of 1958 (in effect in Egypt since 1981), in accordance with Article IX of it, allows the President of the Republic or a substitute to refer public law crimes, which is one of the natural jurisdiction, to the Emergency State Security Courts in breach of the principle of equality before the law. This to deny a specific group of citizens subject to the law the right to resort to their normal judge, as well as their right to have two stages of litigation; as under Article 12 of the Egypt's Emergency Law it is not it is not possible in any way to bring an appeal against the decisions of these courts. The decision No. 5498 of 2008 crimes “Mahala EL Kobra” was issued in the case, known in the media as "strike of April 6th", and recorded under No. 89 of 2008, on December 15, 2008. This case represents a model of breaching of the texts and the provisions of international conventions, established to ensure a fair trial as defined by the International Covenant on Civil and Political Rights and ratified by Egypt, especially the text of article 14, "all people are equal before the law. It is the right of every individual, in the determination of any criminal charge against him or his rights and obligations in a suit at law, to be entitled to a fair and public hearing by a competent, independent and neutral tribunal "... The same article also stipulates, "Everyone convicted of a crime has the right to resort, in accordance with the law, to a higher court to reconsider his conviction and the sentence against him." While the Arab Center for Independence of the Judiciary and the Legal Profession appeals to the President of the Republic to stop the trial before the special courts, it points out that these trials are no longer compatible with the process of development sought by the countries interested in the advancement. The Center calls upon the President to use his powers provided for in Article 12 of the Emergency Law No. 162 of 1958 to re-trial of the defendants in the “Mahala” case before their normal judge. |
|
|
|
|