Egypt 2008

 

1 of Ougust 2008

Egyptian judges and jurists calling for disseminating of the international conventions and charters ratified by Egypt and distributing of them among judges of the courts

Yesterday, the activities of the forum organized by the Arab Center for the Independence of the Judiciary and Legal Profession (ACIJLP) in cooperation with the International Bar Association (IBA), on “Brining about the International Covenant on Civil and Political Rights”, was concluded with a financial assistance of the European Union, and it continued from July 29th to 31st 2008 in Sharm El Sheikh.

25 judges and jurists, from either the ordinary courts or judges of the State Council, in addition to international jurists from the Board of the College of Law (England) and the Scottish Human Rights Commission (Scotland)

The forum addressed the rights mentioned the International Covenant on Civil and Political Rights, particularly the right to life and right to physical integrity and the right to freedom of opinion and expression and dealt also with the human rights in details in the field of justice administration and fair trials.

Through what has been occurred in the forum and the subsidiary working groups, participants reached a range of proposals and recommendations for the protection of the rights mentioned in the International Covenant on Civil and Political Rights, like for example:

Regarding the right to physical integrity, participants recommended:

  • The need for effective judicial oversight on the places of detention and prisons

  • Raise awareness on the right to physical integrity for the persons who are in charge of law enforcement like: police officers and persons who are engaged in the prisons and detention headquarters. And educate them on texts of the International Covenant on Civil and Political Rights and their places in the domestic legislation in addition to the State's obligation to this Covenant and any violation of rights set forth by the State represents a breach of treaty’s obligations.

  • Aggravate the penalty of the crime of torture that committed by public servants against of individual citizens.

  • The Egyptian parliament should pass a law defied the crime of torture, provided that  the definition adopted for this crime should be the same under the Convention against Torture and other cruel or degrading treatment or degrading treatment.

  • The need to pass legislation provides for the need that each accused must have a lawyer at all stages of criminal proceedings, in particular the phase of detention; as the person may face torture or cruel or degrading treatment in this phase.

Regarding the protection of guarantees of fair and just trial, the participants recommended:

  • The need to disseminate the covenants and conventions ratified by the State, particularly the International Covenant on Civil and Political Rights, and distribute them among the judges in the Egyptian courts.

  • Necessity to activate the legislative texts on a person's right to resort to the natural judge, and not to trial civilians before military courts.

  • Narrow the scope of the provisions of preventive detention, and replace them with other alternatives that do not affect a person's right to freedom and personal safety. In addition, provide compensation to the persons in preventive custody until making sure of their innocence. As well as publishing the verdict of their innocence in two daily newspapers at the expense of the state.

  • The need for the equality between defense and prosecution at all stages of criminal proceedings.

  • Allow the concerned institutions of civil society to monitor all stages of criminal proceedings to ensure transparency and openness.

 

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