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Cairo, 6th August 2008
Egypt
Concern about the use of the
Egyptian judiciary to settle scores with opponents and activists
The Arab Center for the Independence
of the Judiciary and the Legal Profession (ACIJLP) is extremely
concerned by repeated attempts witnessed in Egypt in 2007 to use the
Egyptian judiciary to settle scores with, and prosecute, political
opponents and activists.
Further increasing this concern is
that these attempts, while targeting political activists and opponents,
lead to the creation of a general atmosphere which places the Egyptian
judiciary - at times by the general public and at others by
intellectuals and activists – in a position at odds with the principles
of independence and the probity of justice, and which undermines public
trust in the Egyptian judiciary.
ACIJLP is concerned by the
Egyptian judiciary continually being used to settle political scores
with, and prosecute, political opponents and activists, after this was
ended in 1996 – when article 3 of the Egyptian Pleadings Law was amended
and which restricted the right to raise cases to the public prosecution
office and those with an interest in the case, thereby annulling what
was known as hesba cases, or politically-motivated cases.
This amendment followed the spread of
the use of these cases by Islamic groups against several intellectual
such as Nasr Hamed Abo Zeid, and the case concerning the banning of the
film the Emigrant. This legislative amendment was made to protect
intellectuals from the arbitrary use of hesba cases.
Egypt has not seen Egypt’s judiciary
being pushed into intellectual struggles and the settling of scores with
opponents and intellectuals since 1996. The use of this type of case
began in 2007 with a case against journalist Ibrahim Eissa in the trial
popularly-known as the “rumours about the president’s health” case,
followed by the case against four editors of independent Egyptian
newspapers.
Cases continue to be brought by
individuals with no legal standing, in violation of article 3 of the
Pleadings Law to include Saed Eddin Ibrahim under claims that he
weakened Egypt’s standing, followed by other cases seeking to strip him
of his nationality.
ACIJLP is of the opinion that if these
cases - previously used in 1995 by individuals belonging to Islamic
groups - are such a source of concern to Egyptian society as to push the
state to amend article 3 of the Pleadings Law, then it is source of even
greater concern that these cases are currently being brought by
individuals belonging to the ruling party. This raises doubts about the
position of the Egyptian government towards this type of case, which
constitutes a clear backwards step in the protection of human rights and
general freedoms.
These types of cases, brought in close
connection with the Egyptian government, will open the way to attacks on
human rights and general freedoms in Egypt in such a way as to encompass
state officials themselves through the same means.
ACIJLP believes that the use of the
judiciary to settle political battles and intellectual struggles is in
violation of article 3 of the Pleadings Law. The Supreme Judicial
Council must stop and examine this matter in order to protect the
independence and probity of the Egyptian judiciary. |
