The failure to Reform and Restructure the Police Apparatus and the Deterioration of the situation of the Bar Association are the cause of the clash between the police officers and lawyers in Egypt

Cairo, 8^th July 2012

The failure to Reform and Restructure the Police Apparatus and the Deterioration of the situation of the Bar Association are the cause of the clash between the police officers and lawyers in Egypt

The Arab center for the independence of judiciary and legal Profession (ACIJLP) expresses its deep concern over the events witnessed by Nasr City Police Station on Thursday, 5^th July 2012, which resulted from injuries between lawyers and police officers in which the East Cairo public prosecution conduct its investigations.

The ACIJLP points out that, despite what might be said on the official level on the special relationship between police officers and lawyers, but the ACIJLP, through its oversight of the independence of the legal profession in Egypt, points out that the relationship between police officers, particularly those working in police stations, and lawyers are a relationship marred by tension which resulting in clash, in most cases.

The ACIJLP attributed the causes of tension in the relationship between police officers and lawyers to several reasons such as, for example:

First: the failure of the Egyptian government to reform and restructure the Police Apparatus in Egypt, since the 25^th January Revolution until now, and not to take serious and sufficient steps for the exclusion of those involved in committing crimes related to human rights violations and holding fair trials, a matter which supports a culture of impunity for police officers involved in such violations  and represents an endorsement of some police officers to repeat their practices in the period which preceded the 25^th January Revolution, a practice which was dominated by not giving enough consideration and respect for human rights.

Second: the Egyptian applicable legislation do not include texts which guarantee the accused the right to resort to a lawyer, from the moment of his arrest or existence in police stations, as well as the lack of legislation prohibiting the separation between the accused and his lawyer and criminalize the detention of the accused in isolation from the outside world, a matter which represents, in the legislative and practical reality, a waste of guarantees of fair and equitable trials established and recognized on a large scale due to the adoption of such guarantees by conventions, legislation and international commitments.

Third: Lack of awareness of human rights culture by the majority of police officers, in view of the curriculum at the Egyptian Faculty of police and the lack of teaching one or more subject related to human rights contained in the curriculum of the Police Faculty and require success as a condition for graduation.

Fourth: the lack of permanent training for police officers, working in police stations, on the principles and culture of human rights, particularly the relevant principles of guarantees of fair and equitable trial.

Fifth: Deterioration of the conditions of the Bar Association in Egypt, resulting from previously subjected to guard for long periods, the deterioration of its role on rehabilitation and training for lawyers and lack of knowledge on the importance and role of lawyers at all stages of criminal proceedings.

The ACIJLP points out that the breach of the independence of the legal profession in Egypt, which represents in the attack on lawyers in the police stations during the performance of their profession, is one of the reasons which breach this independence and may have severe consequences on the movement of justice in Egypt.

The ACIJLP calls upon the Egyptian authorities and the Bar Association to develop radical solutions reshaping the relationship between lawyers and police officers and to issue necessary legislation to enable lawyers to play their role in the defense effectively.  Furthermore, the Egyptian legislation should acknowledge the right of the accused to contact a lawyer at all stages of the criminal proceedings, from the moment of his arrest or detention in police stations and having regard to the ongoing training and qualification for lawyers.

The ACIJLP also calls upon the President of the Republic to take urgent and necessary measures relevant to institutional reform and restructure the police apparatus of Egypt to ensure no repetition of practices related to human rights abuses, which characterized the period which preceded the 25^th January Revolution, and approve compulsory subject in the curricula of the Faculty of police related to human rights, guarantees of fair trial and the role of lawyers. In addition to giving consideration to the rehabilitation and training for police officers and holding training on charters  and covenants of human rights.

It should be noted that on the evening of Thursday, 5^th July 2012, and during the presence of lawyer Mohamed Mahmoud Abdul-Aziz in Nasr City First Police Station for performing his profession, he asks why his client Yasser Mohamed Mahmoud Haroun is being transferred to prosecution. Therefore, an argument allegedly took place between a police officer and a lawyer, then the matter escalated to a clash, which led to the intervention of the lawyer's colleagues and the police officers and a clash occurred between lawyers and police officers of Nasr City First Police Station resulted in the injuries and wounds between the two parties.