The ACIJLP Calls upon the Supreme Judicial Council and the Ministry of Justice To open an independent investigation regarding appointments in the public prosecution based on the standards of discrimination

 Cairo, 25^th December 2013

The ACIJLP

 Calls uponLP the Supreme Judicial Council and the Ministry of Justice

To open an independent investigation regarding appointments in the public prosecution based on the standards of discrimination

the Arab Center for the Independence of the Judiciary and Legal Professions (ACIJLP) follows with deep concern, the issue of appointment in the judicial bodies in Egypt, especially in light of ambiguity of criteria of admission and selection and the absence of the rules of objectivity and transparency, which should govern the issue of appointments in the judiciary, in accordance with international standards, particularly the rules of the United Nations Basic Principles on the independence of the judiciary.

The ACIJLP believes that, in spite of official statements on equality stipulated by successive Egyptian constitutions, but the ACIJLP has observed stability of work according to standards based on discrimination regarding the appointment of the judicial bodies, in particular the Department of Public Prosecutions, including discrimination based on sex,  that led Egypt not to witnesses the appointment of women in the position of the public prosecutor and discrimination based on social status or economic status, political opinion, or non-political opinion.

The ACIJLP is increasingly worried about continuing to work with these standards based on multiple forms of discrimination regarding the appointment in the judiciary, especially after the January Revolution in which the Egyptian people desire to achieve justice, equality and human dignity after the fall of the regimes that upheld standards of discrimination at the expense of standards of efficiency.

The ACIJLP points out that the existence of such standards until the present time, represents a violation of the relevant international standards and conventions on the independence of the judiciary, in particular the United Nations Basic Principles and the International Covenant on Economic, Social and Cultural Rights, and other commitments that the Egyptian state should respect and fulfill the obligations arising from it.

The ACIJLP is concerned about what the received complaints on the appointment of Faculties of Law and Sharia for the years 2010 and 2011 in the position of associate prosecutors – based on the complaints received by the ACIJLP - according to the criteria which are not only based on discrimination based on sex, economic status , social status and political opinion, but also spread to discrimination based on the cultural and educational situation for those applicants, and the parents of the applicant should have obtained high degree. This issue points out that there is no intention to reduce the causes of discrimination, but it is expanded and brings more reasons and grounds of discrimination.

This new standard based on a clear distinction between the applicants will led to the other kinds of discrimination and represents a breach of the independence of the judiciary and the lack of developing judiciary by giving the chance to new talented persons on the one hand, and on the other hand may cause social and psychological damage for those applicants. The problem is escalated and a father of one of the applicants has a brain stroke and died after being informed that he is the direct cause of the exclusion of his son in the appointment of the public prosecutor, although his son has met all the conditions and the rationale for the appointment, but his father was not of those with higher qualifications.

The ACIJLP calls upon both, the Supreme Judicial Council and the Ministry of Justice in Egypt, to open an independent investigation to find out whether the standards of appointment of classes 2010 and 2011 in the position of Associate prosecutor based on any kind of discrimination or not, and uphold the standard of efficiency as an objective criterion preference between applicants in the position of "Associate prosecutor" or appointment to any other judicial body. The ACIJLP also calls for issuing a decision to exclude appointees based on any form of discrimination.

The ACIJLP calls upon the Egyptian authorities to set clear standards for admission and employment in the judicial bodies through the establishment of judicial Institute or academy to accept male\female graduates of law faculties who are efficient and those who obtained the highest grades in law faculties. The academic study should be one or two years, then graduates undergo the same written, oral and psychological tests where they can be appointed in the judicial bodies after they passed these tests.