a memo to Mr. President concerning the court of values

January 14th, 2008 by EOHR

On 14/1/2008 EOHR submits a memo to Mr. President concerning the court of values . It calls Mr. President for issuing a law or legislative to cancel the mentioned court which comes at the head of exceptional courts that violate the international standards of human rights , the Egyptian Constitution , and forming an encroachment on the judiciary body and its independence .

The memo reports the minister of justice’s decision No. 10955/2007 that was issued in judiciary year (2007-2008) concerning forming the Court Of Values and High Court Of Values .The decision stipulated that the first circle of values impugns is formed by Adel Abdel Hamid , chairman of Cassation Court , and the membership of representatives of Cassation Court and numbers of public figures .This decision was justified that canceling this court is performed according to law or legislative and this not occurred till now , so the decision of minister of justice is correct .

Mr. Hafez Abu Seada clarified that the decision issued by the minister of justice violates the constitution despite the following :

  • Article 64 stipulated that supremacy of law is the base of regime in the state .
  • Article 65 stipulated that state is submitted to law , judiciary independence and its immunity are two main guarantees for protecting rights and freedoms .
  • Article 68 stipulated that litigation is a guaranteed right and available for all people , every individual has a right to resort to his normal judge . Government has to bring courts near to litigants and take a quick decisions in lawsuits .Administrative decision or action has to be fortified from judiciary monitoring in a fair trial before a normal judge.

The decision violates Article 14 of the international covenant on civil and political rights which was ratified by Egypt and became part and parcel from its interior law according to Article 151 . This article stated that all people are equal before judiciary , every individual’s case has to be looked fairly before a specialized and independent court .

Abu Seada added that the decision of the minister of justice violates the Egyptian Constitution according to the following reasons:

Firstly , the letter of the president concerning the amendments of constitution articles was sent to people’s assembly and Shura council on 26/12/2006 . People’s assembly accepted the request of the President on15/1/2007 . Supporting the independence of judiciary through canceling the supreme council of judiciary , the system of Social General Prosecutor position and Court Of Values was the target of amendments that was recommended at the beginning of the letter .

Item No. 13 of the President request stated the amending of Article 173 and canceling chapter 6 and Article 179 concerning Social General Prosecutor to support the independence of judiciary .

Secondly, people’s assembly accepted the expected amendments submitted by the President . People’s assembly suggested to submit the jurisdictions of Social General Prosecutor to the Prosecution General and it agreed to cancel chapter 6 and Article 179.

Thirdly, people’s assembly admitted amendments as the President submitted with the explanation and targets of amendments as stated at the beginning of the letter .

Fourthly, Law No.95/1980 is one of the complementary laws for constitution as Article 179 handled the issue of Social General Prosecutor . So law 95/1980 was issued to state the jurisdictions of Social General Prosecutor in the second section of chapter one which was entitled “Social General Prosecutor Article 5 of law” .

Fifthly , Court Of Values and Supreme Values are not legal to be formed according to Law No.95 /1980 . Forming the court requires the attendance of Social General Prosecutor or his vice according to Article 37, and if the constitution canceled the position of Social General Prosecutor , the Court Of Values must be canceled .

In this concern , the Court Of Values is considered a clear violation imposed against the judiciary and it is considered a breach for the right to stand before the normal judge which was guaranteed by constitution for all people .

On the end of the memo , EOHR calls Mr. President for issuing a law or legislative to cancel the Court Of Values especially after the cancellation of chapter 6 related to Social General Prosecutor in the last amendment of constitution . So it is not logic to issue a repeated decisions by minister of justice that confirm the continuity of working with his kind of courts .

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This entry was posted on Monday, January 14th, 2008 at 4:31 am and is filed under Statements. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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