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“The Concept of the Ordinary Judge (COJ) and
realities of the Judicial
Organization in Egypt” – December 1997.
Overview of the conference:
The ACIJLP organized a conference on The Concept of Ordinary
Judge (COJ) and Realities of Judicial Organization in Egypt; on Tuesday 23 December 1997.Eight research papers
were discussed during four sessions beside the closing session as well as
participation of sixty-five attendees of legal scholars.
Research papers:
|
Title |
Speaker |
Paper |
|
President of court of appeal and judicial supervisor |
Prof./Justice Osama El-Shenawy |
Special Courts in Egypt and the COJ |
|
Cassation lawyer |
Mr. Aadel Eied |
Military Judiciary and the COJ |
|
Criminal law Professor- Bani Sweif university |
Dr. Mohamed Gaber Gerah |
Juvenile Court and the COJ |
|
Cassation lawyer |
Mr.Essam Alsambouly |
Values Courts and Parties Court |
|
Legal researcher |
Mr. Atef Shahat |
Supreme Constitutional Court and the COJ |
|
General law professor- Cairo University |
Prof. Fat’hy Fekry |
Appearing the President, Ministers and Deputies before the courts |
|
General law professor- Asuit University |
Prof. Hassan El-Labidy |
The COJ in Shari’a |
|
General law professor- Mansoura University |
Prof. gorgy Shafik Sary |
Natural judiciary against conducted procedures under article74- case
study |
The final discussions and
recommendations included:
Calling all democratic powers, NGOs, Human Rights
organizations and Jurists to demand that all authorities adopt the RJC,
that has been recognized in international constitutions and conventions as
well as national and international conferences. Ensuring that the RJC is
not separated from considering the judiciary as an independent authority
as well as abolishing many forms of the special and exceptional courts in
Egypt.
Moreover calling for the
following:
1.
Essentiality of drafting a new Constitution to
include an article on real independence for the judiciary and separation
of powers. Until this amendment is achieved declarations were made to
purify the existing Constitution from all exceptional articles that allow
illegalities in relation to the Constitution, such as the article allowing
for extension of Emergency status or (constitutional revolution), article
No.74 of the Constitution. In addition, restricting the legislative
authority in arranging and organizing judicial authorities, and canceling
the provision in the Egyptian Constitution on State Security Courts.
2.
Canceling all State Security Courts, Permanent or
Emergency, which are formed according to Law No.162/1958 on Emergency
status, as well as ceasing the Emergency status in Egypt which has
functioned since 1981.
3.
Canceling the Values Court founded through
Law No.95/1980 on protecting values from shame, as well as
canceling the Socialism Public Prosecutor system founded through
the same law. Canceling the Parties Court of Law No.40/1977.
4.
Ceasing to refer civilians to Military Courts by
canceling article No.6.2 of Law No.25/1966 on Military Judgments, stopping
referral of juveniles to Military Courts, stated in article No.8 of the
same law. Drafting a new law dedicated to the formation of Military
Courts for militants, under regulation guaranteeing the independence of
the judiciary, defending rights, dedicated to militants and for
disciplinary actions only, thereby leaving the regular judiciary to manage
all other actions.
5.
Drafting a new law to amend Law No.79/1958 on
bringing Ministers before the courts, where the court board is comprised
of a purely judicial formation without participation by any other
political figures outside the judicial system.
6.
Necessity to ensure the financial independence of
the judiciary authorities’ budget, as well as independence for the
prosecution as an integral guarantee to the independence of the judiciary.
7.
Modify the Supreme Constitution Court Law
No.49/1979 to allow citizens the right to proceed directly to the
Supreme Constitution Court, challenge with unconstitutionality, this
guarantees a real independence for the court. |
