International Bar Association's Human Rights Institute Calls upon the Egyptian President Morsi to respect the independence of the judicial system in upholding the rule of law and reconsider the recent Constitutional Declaration

Cairo, 28^th November 2012

Press Release

International Bar Association's Human Rights Institute

Calls upon the Egyptian President Morsi to respect the independence of the judicial system in upholding the rule of law and reconsider the recent Constitutional Declaration

Following the Constitutional Declaration issued by the Egyptian president on November 22 of 2012, the International Bar Association's Human Rights Institute  (IBAHRI) issued a statement on Tuesday, 27^th November 2012, expressing its concern about provisions in the Constitutional Declaration, especially widening the powers of the President of the Republic and provide his decisions with immunity from challenge or review until the time a new constitution is enacted and fresh parliamentary elections take place next year.

The IBAHRI also expresses its concern, in its above mentioned statement, specifically regarding investing unfettered power in the office of the President, however temporarily, that the constitutional declaration undermines the rule of law and runs contrary to Egypt’s transition towards democratic reforms and that the President has effectively placed his office above the law. In addition to, striping the judiciary of the power to dissolve the Constituent Assembly tasked with drafting Egypt’s new constitution. Particularly, because the IBAHRI notes that Egypt’s Supreme Constitutional Court had been scheduled to give its ruling in December over the legality of the formation of the Constituent Assembly and the Shura Council

The IBAHRI's statement points out that the powers set forth in constitutional declaration, immunizing such powers from any judicial supervision and placing the office of the president above the law undermine the rule of law and runs contrary to Egypt’s transition towards democratic reforms.

The IBAHRI's statement calls upon President Morsi to reconsider the recent constitutional amendments in light of international standards as outlined under the International Covenant on Civil and Political Rights and the United Nations Basic Principles on the Independence of the Judiciary and to recognize the critical need for respecting the independence of the judiciary as a fundamental pillar of a society that respects the rule of law and human rights.

The statement also pointed out that the legal profession is an independent judiciary functions as a critical institutional mechanism providing an essential system of checks and balances of the executive and legislative branches of a democratic society ensuring the effective separation of powers and protection of the rights of citizens. Justice and respect for the rule of law cannot be achieved by undermining the judiciary but rather by working to reform and strengthen it.