Egypt

Cairo on 8 March, 2006

Urgent Appeal: Judges in Danger

The Arab Center for the Independence of the Judiciary and the Legal Profession (ACIJLP) expresses its deep concern and upset over the high rates of judicial pursuit of deputy judges to the head of Egypt's Court of Cassation and subjecting them to investigation before an investigation judge or the Supreme Judiciary Council in a blatant violation of the acknowledged international principles concerning the independence of the judiciary.

ACIJLP has many reasons of concern about the real causes behind the mentioned measures and judicial pursuit of certain judges who had declared their position concerning the rigging of the parliament elections and the draft Judiciary Authority Law which the Egyptian government is surrounding with complete secrecy.

ACIJLP is concerned that the referral of counselors:

1.      Assem Abdel-Gabbar, deputy to the head of the Court of Cassation

2.      Yehia Gala, deputy to the head of the Court of Cassation

a few days following the referral of three Cassation counselors to investigation before the State Security Investigation and the subsequent appointment of a judge to interrogate them may be the start of a series of violations targeting Egypt's judges to prevent them from exercising their right to the freedom of opinion and expression.

ACIJLP believes that these judicial pursuits may represent a sort of pressure on Egypt's judges and their Club to force them to give up their and the citizens' rights to an independent Judiciary, fair elections and their right to express their opinion about the legislation organizing their profession.

ACIJLP points out that these judicial pursuits against judges who occupy the top of the Judiciary apparatus in Egypt not only violates the independence of the Judiciary, but represents a violation of Egypt's international obligations, particularly the UN basic principles concerning the independence of the Judiciary, particularly article 17 which states that "charges or complaints made against a judge in a fair and urgent manner shall be considered in accordance with suitable procedures. The judge is entitled to a fair trial, observing the confidentiality of the first stages of the issue unless the judge requests otherwise."

ACIJLP calls upon the special UN rapporteur for the independence of the Judiciary to immediately and urgently intervene with the Egyptian authorities to stop this series of violations against the independence of Egypt's Judiciary.

ACIJLP also calls upon Egypt's civil society institutions to communicate with the relevant authorities in order to put an immediate end to the judiciary pursuit of the symbols of the Judiciary in Egypt as this terrorizes Egypt's judges as a whole and aims to silence the voices calling for judiciary reform in Egypt.

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