A lawsuit to cancel the decree of the Minister of Justice to grant judicial arrest to military officers in the crimes of civilians

Cairo, 14th June 2012

Press Release 

A lawsuit to cancel the decree of the Minister of Justice to grant judicial arrest to military officers in the crimes of civilians

Mr. Nasser Amin, lawyer before cassation court and the director-general of the Arab Center for Independence of the Judiciary and Legal Profession (ACIJLP) has filed a lawsuit before the Administrative Court on Thursday, June 14, 2012, in an appeal on the decree of the Minister of Justice No. 4991 to 2012 on granting the  judicial arrest by the Minister of Justice officers, noncommissioned officers of military intelligence and military police from the Minister of Defense or his authorized representative for judicial crimes that fall from the non-military persons.

Mr. Nasser Amin requested in his lawsuit No. 46269 of 66 judicial year to halt implementation of the above mentioned decree of the Minister of Justice.  in the subjective part of the lawsuit, Mr. Nasser Amin asked the court to cancel this decree because the decree contains many defects including violation of the challenged decision of the constitutional declaration in articles seven and eighth, in addition to other defects, which you criticize administrative decisions such as lack of reason and deviation of authority to achieve political objectives.

In addition to the appeal on the authority of the Minister of Justice in granting judicial arrest to military officers generally, in matters that do not fall within their competence, as mentioned in the challenged decree.

Mr. Nasser Amin addresses, in his lawsuit, the adverse effects of this decree such as breaching the guarantees of fair trial, judicial independence, preventing the natural judiciary from exercising its jurisdiction, violating the right of the citizen in the trial before a natural judge and consecration of the trial of civilians before military courts.