The ACIJLP Calls upon the Egyptian Elected President To establish (truth and accountability body)

Cairo, 27 August 2012

                                                                                                    

The ACIJLP Calls upon the Egyptian Elected President

To establish (truth and accountability body)

The Arab Center for the Independence of the Judiciary and the Legal Profession (ACIJLP) calls upon the Egyptian President Dr. Mohamed Morsi, to carry out its responsibilities on the safe transition of the Egyptian society to democracy and freedom in a safe and peaceful manner through adopting the programs and mechanisms of transitional justice.

The ACIJLP points out that programs and mechanisms of transitional justice are broader than just dealing with financial and economic corrupt files, and attempts to recover the looted money, which judiciary can deal with, unlike the programs and mechanisms of transitional justice, which deal with past files and the most serious crimes, namely extrajudicial killings, torture and forced disappearances, and aimed at uncovering the truth, and reparation of victims, with a view to end these files, prosecution and the accountability of those involved in such violations. Such files are difficult and complex and demand the establishment of an independent civilian body composed of judicial elements.

The ACIJLP demands H.E President to pass legislation that adopts the application of the principles of transitional justice a safe and specified way in order to transit from tyranny and its effects, which Egypt witnessed the last decade, to democracy and freedom for which the 25^th January Revolution has occurred, a matter Which will have a deep impact in a true, fair and expeditious trials for those involved in past abuses, compensate for Martyrs and Victims of the Revolution, perpetuate the memory of the martyrs, truth finding and ensure not to repeat the previous gross violations of human rights in Egypt.

The ACIJLP points that there are many international experiences, which are similar to the Egyptian case and which represents a practical solution to the safe transition through the following:

First: institutional reform: - represented in the reform of all institutions of the state in a way which lead to creating a political and economic conducive climate supporting the progress at all levels.

Second: Accountability: - represented in accounting all the symbols of the former regime in all sectors of the State for all offenses and serious crimes that took place over the period from 1981 until now provided that such accountability shall be conducted after an institutional reform in independent courts and laws have the guarantees that lead to know the truth.

Third: fact-finding: - represented in informing the Egyptian people about all facts relevant to the political system in Egypt through forming Fact-Finding Committees, which are responsible for fact-finding together with the mechanisms of justice to find out what really happened from serious violations in order to evaluate the experience politically and avoid these mistakes so that the emerging republic will not repeat such mistakes after the 25^th January Revolution.

Fourth: reparation of victims:

What is meant by them not the victims of the revolution who had been wounded since the outbreak of the Revolution so far only, but everyone subjected to persecution, torture or any form of violation of human rights according to the International covenants of Human Rights such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights and not to deal with the victims as victims of accidents or disasters, but consider them heroes of a revolutionary stage.

Fifth: commemorations and Memorial:

Represented in the memorial of the whole stage including the establishment of memorials for all stages of the historical period and make the places the control of power and authoritarian such as the headquarters of State Security and Al-A'qrab prison and others to museums where everyone can visit to remember the past, hates all its events and memories and create the new republic on the basis of true democracy.

The ACIJLP calls upon the Egyptian President to expedite the adoption of these programs and mechanisms and to pass this legislation as soon as possible, so as not to accelerate the events in a way that may hinder the transition to democracy in a safe manner.