The ACIJLP holds the president of the Republic the criminal responsibility for exposing judges to risk

Cairo, 18^th April 2013  

The ACIJLP holds the president of the Republic the criminal responsibility for exposing judges to risk

The Arab Center for the Independence of the Judiciary and the Legal Professions (ACIJLP) expresses its profound concern due to the attack against the Egyptian judiciary at this time, and escalating the attack against it because of its commitment to issue judgments and judicial decisions consistent with the applicable Egyptian legislation in which the Egyptian judicial system and judges do not have any authority concerning its cancellation or amendment.

The ACIJLP is also concerned over the calls issued by the ruling party, aimed at mobilizing the masses under the pretext of "purgation of the judiciary" in an attempt to gain the public support in order to issue legislation that reduce the age of the serves of judges in the context of attempts by the ruling regime to threaten judges and interfere in their affairs, through legislation, similar to what was done by the former regime during the 25^th January revolution.

The ACIJLP also expresses its fear of the use of the executive authority of the legislative authority in issuing legislation that enable the ruling regime to isolate a large number of Egypt's judges, particularly judges of the supreme courts of Egypt, in a breach to the international covenants and legislation related to the independence of the judiciary, in particular the United Nations Basic Principles on the Independence of the judiciary which provides in Article 12 that " Judges, whether appointed or elected, shall have guaranteed tenure until a mandatory retirement age or the expiry of their term of office, where such exists. "

The ACIJLP has many uncertainties behind the attack on the judiciary of Egypt, under the pretext of "purgation of the judiciary". The ACIJLP believes that the institutional reform of state institutions after the revolutions must come within the framework of transparent and fair programs and policies, and through legislation issued by a legislative authority elected by free and fair elections expressive of all spectrums of society. Such election should not in a selective manner targeted institution without the other or certain people in the authority, as in the current case of Egypt, and therefore these claims will not be a justification to isolate judges in an arbitrary manner under the call of " institutional purgation" especially that the Egyptian Shura Council, which have the power of legislation on a temporary basis, does not represent the spectra of the Egyptian society, due to the method of electing its members and the proportion of citizens' participation in this election, which has not exceeded 7% of the voters.

The ACIJLP points out that the attempts to mobilization and threat against the judiciary, opens the way for further violations against this authority, and paves the way to attack them, which could extend to the threat of the judges of their right to life, the right to physical integrity on one hand, and undermines the judicial authority in Egypt, on the other hand. Thus threatens the existence of the state of the law.

The ACIJLP also points out that it is not acceptable to argue that the Egyptian judiciary belongs to the former regime. The ACIJLP  emphasis that through its work in the field of the independence of the judiciary since 1997, the Egyptian judiciary has many judgments against the former regime, and that it was maintaining its independence in the face of the former regime, and it was always faced by the executive authority, if its independence is exposed to violations.

The ACIJLP holds the President of the republic the responsibility for the risks that the judges might be exposed to as a result of this escalation and daring on the judiciary.

Furthermore, the ACIJLP calls upon the Special Rapporteur on the independence of the judiciary and The Office of the United Nations High Commissioner for Human Rights (OHCHR), as well as the International Federation of the judges to urge the Egyptian authorities to protect the guarantees of the independence of the Egyptian judiciary, and non-interference in its affairs from any of the executive or legislative authorities.