Improper interference in the affairs of the judiciary threatens the state of law

Cairo 14/10/2012

 

Improper interference in the affairs of the judiciary threatens the state of law

The Arab Center for the Independence of Judiciary and the Legal Profession (ACIJLP) expresses its indignation over any attempts on the interference of the Executive Authority in the affairs of the judiciary, particularly interference in matters related to the appointment, transfer, assignment, training and secondment of judges.

The ACIJLP points out that judges are in charge of taking final decisions on the lives, freedoms, rights, duties and property of citizens, so it is appropriate that the legislation relevant to the performance of their work duties should be consistent with the relevant international standards of judicial independence, applied and recognized widely, in particular the United Nations Basic Principles on the Independence of the Judiciary., and the Guidelines on the Role of Prosecutors.

The ACIJLP believes that what is raised recently in Egypt regarding attempts to prevent the public prosecutor from the performance of his duties, emphasizes the need of the next Egyptian constitution to ensure full independence of the judiciary which prevents the interference of the executive or legislative authorities in their affairs, obliged all state institutions to respect and observe the independence of the judiciary and gives the judiciary full power over all the affairs of its members.

The ACIJLP also believes  in the need to take necessary actions and measures on the review of laws governing the work of the judiciary in Egypt, especially the Judicial Authority Law No. 46 of 1972 and to hold extended hearings regarding this law in order to listen to judges, lawyers, law professors and civil society institutions for the issuance of single legislation for the judiciary that regulates work within each judicial bodies both ordinary, administrative or constitutional courts, unites the methods of appointment in the judiciary and ensures standards of independence of judges.

The ACIJLP believes that it is necessary to provide for the formation of council which combines presidents of all judicial bodies to observe their common affairs, and the assignment of its presidency to the President of the Court of Cassation with the abolition of any role for the President of the Republic or the Minister of Justice in this Council, as well as emphasizes the importance of selecting the public prosecutor by The Supreme Judicial Council.

The ACIJLP calls upon the concerned Egyptian authorities to distance from any interference in the affairs of the judiciary, until the issuance of the relevant legislation, and that any interference in the affairs of the judiciary or in judicial proceedings is considered an improper interference which does not only threaten the situation of justice, but leads to the collapse of the state of law as well.