The Public Prosecution hears the testimony of Abu Seada in the case of members of the parliament.

May 9th, 2010 by Editor

The Public Prosecution of Mid Cairo heard the testimony of Mr. Hafez Abu Seada, chairman of EOHR in case No. 2428-2010- Administrative Qasr Al-Nil which was filed by Abu Seada against Mr. Nashaat Al Kassas, member of the parliament. Chairman of EOHR gave his testimony as an Egyptian citizen and a head of the Egyptian Organization for Human Rights, pointing out that the member of the parliament intended to direct the Ministry of Interior to use force and firearms against peaceful demonstrators and he repeated this statement in one of TV programs, a Compact Disc was submitted including an intervention of the member of People’s Assembly.
Abu Seada said that what mentioned by the member of the parliament is a violation to the right of peaceful assembly and freedom of opinion and expression as provided in the Egyptian Constitution in article 47 which states that “Freedom of opinion is guaranteed. every individual has the right to express his opinion and to publicize it verbally or in writing or by photography or by other means within the limits of the law. Self-criticism and constructive criticism is the guarantee for the safety of the national
structure. And article 54 which states that” Citizens shall have the right to peaceable and unarmed private assembly, without the need for prior notice. Security men should not attend these private meetings. Public meetings, processions and gatherings are allowed within the limits of the law”.
The Constitution is the supreme fundamental law which sets the rules of the system of the government and defines the public authorities and draw its own functions and puts limits and constraints on the control of their activities and decide the rights and freedoms of public and arrange basic guarantees to protect them. The three public authorities ( legislative, executive and judiciary) are built within the constitution without any distinction or discrimination and then they are equal before the constitution. The state abides by a rule of
democratic reign rules namely: the submission to the sovereignty of the Constitution which stated in article 64 that” Sovereignty of the law shall be the basis of rule in the State ,and article 65 states that” The State shall be subject to law. The independence and immunity of the judiciary are two basic guarantees to safeguard rights
and liberties”.
The consequent Egyptian constitutions since the constitution of 1923, cared about stating the public rights and freedoms. The constitutional legislator intended to state these rights and freedoms to form a restriction on the law legislator on legislating any law, so as if the legislator made a law which was not in a line with the constitution, it became a flawed law.
• Also the international covenants including the Universal Declaration Of Human Rights in it’s article No. 19 declared that ” Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”. And article No. 21 which is stating that ”
• (1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
• (2) Everyone has the right of equal access to public service in his country.
• (3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.”
Also article No. 29 said that ”
(1) Everyone has duties to the community in which alone the free and full development of his personality is possible.
• (2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
• (3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
Article No. 19 of the International Covenant on Civil And Political Rights stated also that ”
1. Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
The second article of the convention on the prevention and punishment of the crime of genocide stated that ” In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as follows:
• (a) Killing members of the group.
• (b) Causing serious bodily or mental harm to members of the group.
• (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part.
• (d) Imposing measures intended to prevent births within the group.
• (e) Forcibly transferring children of the group to another group.
The third part of the third article of the same convention stated also that ” The following act shall be punishable: the Direct and public incitement to commit genocide.”
The fourth article declared that the persons committing genocide or any of the other acts enumerated in Article 3 shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals.
And according to the explanation of the article No.6(A): –
-Perpetrator of the crime shall murder one person or more .
– The victim(s) shall be belonging to a certain national, Ethnic, religious or racial group.
– The person(s) who committed the crime shall be intended to Cause perish to the members of the group in whole or in part.
also the explanation of the article no.6(B): the genocide by causing serious bodily or mental harm; is as follows,
– The action of the criminal shall Cause serious bodily or mental harm to member(s) of the group.
– The victim(s) shall be belonging to a certain national, Ethnic, religious or racial group.
– The person(s) who committed the crime shall be intended to Cause perish to the members of the group in whole or in part.

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