The ACIJLP Calls upon the President of the Republic To issue a pardon for the sentence issued against 21 girls for 11 years in jail

 Cairo on November 28, 2013

The ACIJLP Calls upon the President of the Republic

To issue a pardon for the sentence issued against 21 girls for 11 years in jail

 

the Arab Center for Independence of the Judiciary and the Legal Professions (ACIJLP) expresses its grave concern over the sentence issued on Wednesday 27^th November 2013 by the Misdemeanor Court in Alexandria against 21 girls, including 7 minors to 11 years in prison and putting minors in Juvenile Welfare Foundation for an open term, on charges of joining a group breaching the provisions of law and serving the purpose of this group in saying and writing, the acquisition and possession of publications; showing force and inciting violence and disrupting public transportation.

The ACIJLP believes that this sentence is too harsh, taking into account that the court which issued the sentence is “misdemeanor” court and the maximum punishment in accordance with the Egyptian legislation is three years. Moreover, we should take into account what the Supreme Constitutional Court of Egypt reached in the field of sanctions, so that the punishment should not be degrading in itself, or overstepping the limits of acts set forth by the legislator, to be incompatible with the rule of mind, (15 of 17 judicial Constitutional year) and whenever the penalty is useful from a social point of view and proportionate with the acts set forth by the legislator according to the Constitution.

The ACIJLP reiterates its confidence in the Egyptian judiciary that should distance itself from the realm of political conflicts between the government and its opponents, and should consider the values ​​of law and the right and independence of the judiciary as a fundamental safeguard to protect the rights and freedoms and the rule of law. However, the ACIJLP is afraid that the frequency of the issuance of harsh sentences after a speed trials are interpreted as a manipulation of the Egyptian judiciary to prosecute political opponents, a matter which could lead to the creation of an atmosphere that put the Egyptian judiciary in a position inconsistent with the principles of independence and impartiality of justice and prejudice public confidence in the Egyptian judiciary.

The ACIJLP calls upon the President of the Republic to issue a decree to pardon the convicted girls pursuant to the powers set forth in Article 74 of the Egyptian Penal Code, which states that "the pardon of the sentence requires dropping all or some or of it or replacing it  with a  lighter penalty prescribed by law ..... ".