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Cairo, 24th September 2008
Egypt: a deliberate abuse of justice
Another assault on the judiciary and
lawyers
The Arab Center for the Independence of the Judiciary
and the Legal Profession (ACIJLP) is extremely concerned about the state
of justice in Egypt. The Judges’ and lawyers’ immunity and protection
has reached the point that police officers have again physically and
verbally assaulted judges and lawyers.
ACIJLP greatly suspects that this repeated assault of
judges and lawyers is part of a government strategy and vision, whose
purpose is further abuse of judges’ dignity. The features of this
strategy began with the imposition by the Egyptian Justice Minister of
financial restrictions on the Judges’ Club, and his repeated attempts to
humiliate the judiciary with the assistance of some of the
administration councils on which judges sit. He presents judges as if
they are unable to protect their legislative and constitutional immunity
- in response to their assent in the issue of the most recent forged
presidential and parliamentary elections – in a letter whose contents
negate the powerful national solidarity, and coming together of
political movements, with judges. It also implies that judges have had
no role in any attempt at political reform.
For these reasons, and in line with a scenario
implemented by the Egyptian Interior Minister, police officers again
assault and humiliate Egyptian lawyers, whose position towards the
forgery of the parliamentary and presidential elections, and support of
judges’ demands for independence, has not changed. Instances of the
assault, humiliation and detention of lawyers in police stations without
legal justification has increased recently.
Increasing ACIJLP’s concern is that these assaults of
Egyptian judges and lawyers are carried out by police officers, who for
the most part are not brought to account and escape punishment. Charges
are not brought, they do not appear before a court and judgements are
not handed down against them.
The circumstances of the assault and verbal abuse by
three police officers of two heads of the Aswan Summary Court in Luxor
airport while the latter were returning to Cairo on 22/9/2008
demonstrates the extent to which judges’ constitutional and legislative
immunity is under threat. These attacks cannot be described as isolated
and exceptional incidents, since they occur without any fear of being
held to account.
ACIJLP reaffirms that these attacks are a threat to justice in Egypt,
and a violation of international instruments, in particular the United
Nations Basic Principles on the Independence of the Judiciary. They are
also a violation of the Egyptian Constitution and legislation, and
imperil justice since they undermine the independence of the judicial
and legal profession in Egypt. |