ACIJLP demands the People's Assembly of Egypt: to enact law adopts the programs and mechanisms of the transitional justice in Egypt

 Cairo on 24 January 2012

 

ACIJLP demands the People's Assembly of Egypt: to enact law adopts the programs and mechanisms of the transitional justice in Egypt

The Arab Center for the Independence of Judiciary and Legal profession (ACIJLP) demands the People's Assembly of Egypt to undertake its responsibilities towards the safe transition of the Egyptian Society from the current situation to democracy and freedom in a safe and peaceful way.

ACIJLP demands the People's Assembly of Egypt to enact law which adopts the application of the principles of transitional justice as being the safe and defined path to security and to move from tyranny and its impacts, which were witnessed in the last decade, to democracy and the freedom for which the martyrs shed their blood in the 25 January revolution.

ACIJLP points out that the promulgation of legislation adopts programs and mechanisms of transitional justice, will have a significant impact on the real and fair trials of those involved in past violations, as well as reparation of Martyrs and Victims of the Revolution, commemorating the martyrs, finding the truth and ensuring non-recurrence of the past gross violations of human rights in Egypt.

  ACIJLP highlights the importance of issuing legislation adopts programs and mechanisms of transitional justice by the People's Assembly of Egypt. The transitional justice is internationally recognized in experiences similar to what Egypt witnesses in the past, in particular the following programs:

First: the Institutional Reform: This represented in purgation of all state institutions of its leaders who proved to be involved in corrupting the political climates in Egypt which affected all areas of social and economic reform even after the outbreak of the25 January revolution.

Second: Accountability: for the symbols of the former regime in all State sectors for all violations and serious crimes which occurred over the period from 1981 up till now. Accountability follows the institutional reform through special courts and laws which have the guarantees that lead to find the truth, so we will not find ourselves before mock trials which judge them for crimes committed during 18 days which is the period of the revolution. Egypt ought to immediately ratify the Rome Statute of the International Criminal Court as the Egyptian legislation does not include provisions for the crimes of genocide and crimes against humanity.

Third: Fact finding which represented in informing the Egyptian people of facts about the political regime in Egypt since 1952 until now through dividing this period into three historical periods, the first will be from 1981 until now, the second from 1971 until 1981 and the third period will be from 1981 until the date of the promulgation of legislation, so the experience can be politically evaluated and those mistakes will be avoided by the emerging republic after the25 January revolution.

Fourth: Reparation of the victims which does not target the victims who were injured since the outbreak of the25 January revolution only, but also the victims who were subject to persecution, torture or any form of human rights violation according to the International Bill of Human Rights, represented in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, in addition to not treating them as victims of accidents or disasters, but consider them heroes of the revolutionary phase.

Fifth: Commemoration of the whole phase through establishing memorials for the stages of this historical period and transforming the places of practicing power and tyranny such as the headquarters of the State Security Investigation, Burj Al-Arab prison and the likes into museums so everyone can visit them to remember the past, despise all its event, memories and the new Republic will be based on the real democracy principles.

ACIJLP express its willingness to provide any support related to information and human rights in this regard. The ACIJLP is currently preparing a draft law which adopts the programs and mechanisms of the transitional justice in Egypt and it will be sent to the People's Assembly in order to be reviewed. Moreover, the ACIJLP calls upon the People's Assembly of Egypt to issue this legislation as soon as possible, therefore events will not be developed in a way impedes the safe transition to democracy.