Egypt

Cairo On 15 Marsh, 2006

Urgent:

ACIJLP Calls Upon the ICJ to Send a Fact-Finding Mission Concerning the Crisis of Egypt's Judges

The Arab Center for the Independence of the Judiciary and the Legal Profession (ACIJLP) expresses its extreme concern about the high rates of legal pursuit of judges who are deputies of the head of Egypt's Court of Cassation in a way that, with the referral of Counselor Nagy Derbala, Deputy to the head of the Court of Cassation, has come to seem systematic on part of Egypt's Supreme Judiciary Council.

With Counselor Nagy Derbala's referral the number of counselors who are Court of Cassation deputies referred to investigation rises to become seven as follows:

1.      Counselor Ahmed Makki, Deputy of the head of the Court of Cassation

2.      Counselor Mahmoud Makki, Deputy of the head of the Court of Cassation

3.      Counselor Mahmoud al-Khodeiri, Deputy of the head of the Court of Cassation

4.      Counselor Hisham al-Bastawisi, Deputy of the head of the Court of Cassation

5.      Counselor Assem Abdel-Gabbar, Deputy of the head of the Court of Cassation

6.      Counselor Nagy Derbala, Deputy of the head of the Court of Cassation and Representative of Egypt's Judges' Club

ACIJLP has doubts that the referral of the above-mentioned counselors and subjecting them to interrogation, whether before an investigation judge or the Supreme Judiciary Council, resulted from exercising their right to the freedom of opinion and expression, as well as their opinions concerning reforming the laws related to their profession, stances which Egypt's appointed Supreme Judiciary Council considers as undermining to the image of the Judiciary and the reputation of the Council.

However, ACIJLP believes that the successive referral to Court of Cassation judges in such an unprecedented manner to investigation and the announcement thereof in Egyptian newspapers constitute acts that do undermine the image of Egypt's judiciary and spreads a feeling of fear among citizens about the stability of justice. These acts also constitute a violation of relevant international treaties, particularly Article 17 of the UN basic principles concerning the independence of the Judiciary Authority which states that "charges or complaints made against judges shall be considered in a fair and urgent manner according to suitable procedures. Judges are entitled to fair trials. The first stages of considering such complaints or charges shall be confidential unless the concerned judges requires otherwise."

ACIJLP is concerned about the procedures which have started to show a pattern in dealing with the figures of the Judiciary who express their positions concerning the reform of the Judiciary Authority and guarantees to the minimum independence of the Judiciary, particularly that these procedures violate Egypt's Judiciary Authority Law 46 of 1972 which restricts withdrawing immunity and subjecting judges to investigation to only two cases, the exercise of the right to freedom of opinion and expression is not one of them.

ACIJLP fears that this series of violations against the independence of the Judiciary in Egypt continues and that these measures would extend to include more of Egypt's judges with the aim of silencing the voices calling for Judiciary reform in Egypt.

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

ACIJLP also calls upon the FIDH to send a fact-finding mission to monitor the crisis from which Egypt's Judiciary is suffering.

ACIJLP also calls upon Egypt's civil society institutions to seek to persuade relevant bodies to immediately put an end to the judiciary pursuit of Egypt's judiciary figures because it raises the concerns of Egypt's judges and shakes the confidence in Egypt's judiciary.

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