Members of the Legislative Reform Forum in Al Menya governorate call for the Independence of Judiciary and Releasing the Freedom of Parties
June 30th, 2008 by Editor
At the end of a workshop held by the Egyptian Organization For Human Rights (EOHR) at Teachers Syndicate in Al Menya governorate within the framework of the Egyptian Legislative Reform Forum which supported by the European Union on Sunday 29/6/2008 , Participants called for the necessary of amending the legislative structure from such restricted articles imposed on the rights and freedoms , and enacting a new laws for press ,parties and judiciary .
Mr. Mohamed Amer , member of the parliament , confirmed that the proper establishment for parties should be set up from the street , parties should practice the absolute freedom in order to have an echo in the Parliament .He called for enacting a new law for parties to substitute Law No.40 / 1977 and canceling the Political Parties Committee .
Mr. Gamal Abdul Mon’m, lawyer at cassation court ,indicated that law No. 40 and its last amendments is not adequate to admit a multi-partisan or create a powerful parties on the political arena .Mr .Ezz Al Din Rashed agreed with Mon’m and called for revising law No.40 /1977 and its last amendments in 2005.The law slams the rights of individuals to establish political parties ,so there should be a new law for parties to ensure the freedom of establishment . Rashed reserved on article(4)of the parties Law which stipulated that party principles don’t conflict with the principles of Islamic Law (Shariah) which is considered a main source for legislation , the article also keeps the national unity and social peace and the democratic socialist system and socialist winnings ,it distinguishes the program of party among other parties programs during notification . Also the article stipulated that the party is not established on the base of caste or sectarian or social or geographical or depends on the basis of segregation because of sex, origin, religion or creed. He reserved again on Article ( 5 ) which related to the interior structure of the party (the main system of the party ) .Also he condemned Article (8) related to the establishment of Political Parties Committee and Article (22) related to punishments to whom establish or manage or finance illegally .
The second session discussed the guarantees of judiciary independence . Dr. Hassan Saad Sanad , professor at Law faculty – Al Menya university , confirmed that the power of judiciary rises from the power of the oppressed ,justice is the basis of good reign .The international covenants confirmed the independence of judiciary and judges have to be independent in their State .Also Dr. Sanad clarified that judge and litigant are two sides for one coin because the more the judge feels independence ,the more litigant feels safety and the less the government decreases the exceptional judiciary , the more the country is commended by others .
Mr. Ezz Al Din Rashid ,lawyer at cassation court , confirmed the necessary of setting guarantees for judiciary independence in the light of the international covenants concerned with human rights for supporting and consolidating the Egyptian judiciary independence , also the importance of providing guarantees and immunities for judges , he confirmed the necessary of applying what the Universal Declaration of human rights calls concerning the principles of ,equality before law ,the right to fair trials formed within the law .He added that judges are charged with taking the final decisions concerning life, rights, freedoms, possessions of citizens ,so all international and national conferences developed principles guidelines on the independence of judges and members of prosecution and giving them a professional training .
Sanad confirmed that members of judiciary authority have the right to enjoy with the freedom of opinion and expression ,belief , establishing associations and peaceful assembly .
As for the third session related to the freedom of opinion and expression ,Dr. Hassan Aly Mohamed ,chief of media department –Faculty of Arts – Al Menya university confirmed that the government experiences a different forms of domination over the mass media .It suppresses news and information besides the arbitrariness committed against journalists .Also there are 186 laws imposed on the press and media at the rate of new article every 13 months ,besides the use of Emergency Law which was extended according to the approval of People’s Assembly . He indicated that the government supervision over mass media led to a vast casualties and he gave the example of Al Ahram newspaper which caused the state to lose up to 1 billion L.E and other newspapers which caused casualties up to 9 billions L.E .
Dr. Mohamed called for the equality of all newspapers whether national or partisan or independent before the law also the necessary for examining or releasing information ,also the necessary for reconsidering Press Law No. 96 -1996 . Mr. Ezz Al Din Rashid ,lawyer at cassation court agreed with him as he called for reviewing all legislations related to the freedom of press especially such articles which punish journalists in all laws related to expression ,publishing ,printing distributed in different laws including Publication Law No. 20 -1936 amended by Law No. 375 of in 1956, And law No. 97 – 1992, and the Penal Code No. 58 and its amendments in 1937 and intelligence law No. 100 – 1971 amended by Law No. 1 in 1998 and the law of Criminal Procedure No. 150 – 1950 and its amendments, and Law No. 96 – 1996 On the organization of the press.
At the end of the workshop ,participants recommended the following :-
1 – Parties :
– Showing parties programs properly in the governmental mass media .
– Giving more possibilities for parties by government ( mainly increasing enough financial support or just covering programs of these parties).
– Giving parties an opportunity to serve citizens like what is available for the ruling party in a fair form .
– Facilitating the role of these parties to set up conferences and meetings without restrictions as long as these meetings are within the law.
– parties should be represented in local councils by amending the articles of the law in this regard so that these parties can exercise its role in serving citizens .
2 – The judiciary power
— Providing the brave political will to recognize the independence of judiciary .
— Keeping on the legislative reform related to the judiciary power and judges to consolidate independence.
— Raising the level of scientific and practical training for judges .
— Support the lawyer in relation to the judiciary.
— Giving the press the right to disseminate and track suits and judicial decisions.
–Taking into consideration the financial merits for judges .
3 – The press :
— Emphasis on the independence of newspapers .
— Clearing the legislative structure related to the freedom of opinion and expression in general and freedom of the press from the negative articles .
— The journalist right to receive an answer for everything that he asks as long as these answers are within the law and his right to attend workshops and conferences .
— Journalist is investigated only by prosecution in the presence of a representative from the Journalists Union, after notifying the union ——-Journalist is not sentenced to imprisonment pending investigation in such crimes committed by newspapers .
Journalists should abide by the following :
— Journalist is abide by what he disseminates according to the principles and values enshrined in the Constitution and the provisions of the law.
— Respecting the journalistic honor charter without prejudice to the duties established within the law.
— Refraining from the exposure to the private lives of citizens.
— Journalist is not allowed to receive any donations or subsidies or benefits from any foreign side , whether directly or indirectly, as well as refrain from receiving any government subsidies only in the limits set by the Supreme Council of the Press.
— The necessary for obliging the journalist to keep the rules of dialogue and to recognize the right of reader to comment and reply, and citizens right to their own holy lives .
— Journalist has no right to publish truncated or fabricated or distorted facts .
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