The ACIJLP Affirms that: Formation of Court for Ministers in Egypt: A Step towards Enhancing the Conditions of Justice without Prejudice of the independence of the judiciary

Cairo on 16 February 2012

The ACIJLP Affirms that:

Formation of Court for Ministers in Egypt: A Step towards Enhancing the Conditions of Justice without Prejudice of the independence of the judiciary

The Arab Center for the Independence of the Judiciary and the Legal Profession (ACIJLP) expresses its absolute rejection over any attempt to breach the independence of the Egyptian judiciary, as witnessed in the past, including the violation of courts' jurisdiction through special and military courts, as well as the establishment of entities comprising of judges and other non-judicial members, called courts, which contradict with the recognized and applied standards, and which limit the formation of any court to its judicial members only, selected and appointed officials in accordance with the objective standards for the exercise of judicial work such as the basic principles on the independence of the judiciary and the guidelines on the role of public prosecutors.

The ACIJLP points out that issuing a legislation which adopts the establishment of a Court of Ministers in Egypt, comprising of judges and other members - whether Parliamentarians or public figures - such as Parties Affairs Department of the State Council - represents a grave breach of the independence of judges and violate their jurisdiction.

The ACIJLP believes that this matter should not be based on previous events in Egypt, which brought together judges and non-judicial members on the establishment of courts, because what was happening in this regard was deliberately a breach of the independence of the judiciary for political purposes unrelated to a prompt and equitable standards of Justice. Moreover, within the framework of judicial reform, necessary legislation should be issued to prohibit the existence of non-judicial members on the establishment of courts.

 

The ACIJLP also believes that to hold a trial against Ministries in Egypt is an important step towards achieving prompt justice and activating the principles of equality and the rule of law. However, the ACIJLP believes that while forming such courts, consideration should be given to the judicial element for neutrality, the independence of judges, and respect of the relevant international Covenants and Conventions, particularly Article (10) of the United Nations basic Principles on the Independence of the Judiciary, which stipulates that " Persons selected for judicial office shall be individuals" of integrity and ability with appropriate training or qualifications in law. Any method of judicial selection shall safeguard against judicial appointments for improper motives. In the selection of judges, there shall be no discrimination against a person on the grounds of race, color, sex, religion, political or other opinion, national or social origin, property, birth or status, except that a requirement, that a candidate for judicial office must be a national of the country concerned, shall not be considered discriminatory.