September 7th, 2010 by Editor
EOHR releases next Tuesday on 7/9/2010 its qualitative report” lawyers without rights”. This report comes in the framework of a campaign released on November 2009 entitled” the right to defense and immunity legal profession” which based on the constitution, Egyptian law and International Covenant on Human Rights, as EOHR believes on the important role played by the lawyers. Clomid Steroids
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Stating the rights to defense in order to consolidate the guarantees which are necessary for lawyers to achieve their tasks.
Activate what has been stated in International Covenants and defending their rights.
Mr. Hafez Abu Seada, chairman of EOHR, clarified that the report monitors several violations which lawyers have been exposed to in different governorates during practicing their duties like assaults and ill-treatment which have been practiced by police officers inside police stations.
Preventing from attending the investigations before State Security prosecution and court sessions before Military and State Security Courts which considers violation to the right to defense.
Mr. Hafez Abu Seada stressed on that Egyptian legislation and International Covenants concerned with the protection for lawyers is a duty adopted by the state and its governmental sides, judicial, execute and legislative authorities. Provide lawyers the necessary protection during practicing their professional work without any obstacle or intervention. Provide them guarantees that protect them from any assault and respect their relation with their deputies, confidentiality of their papers, work and calls.
Mr. Hafez Abu Seada confirmed the necessity of respecting dignity of lawyers and help them in achieving their tasks towards their society. Deals with them as they considers the integrated part in the Egyptian judiciary.
Furthermore, this violation cases towards lawyers should be considered.
Mr. Hafez Abu Seada called the government upon the necessity of carrying out all the legislative measures in laws and national regulation to be inconsistent with the constitution and international covenants that Egypt has ratified it in order to enable lawyers from achieving their role.
The report includes the following recommendations:
First: Respect the fundamental principals concerns with the role of lawyers which have been recommended by the Eight United Nation Conference on preventing the crime and treatment of criminals which was held in Havana ( Cuba) in August 1990. it states that governments guarantee lawyers the following:
- 1) The ability to perform all their professional tasks without frightening or inappropriate intervention.
- 2) The ability to consult their deputies freely inside and outside the state.
- 3) Not to expose them to intimidation or administration, economic punishments during performing their tasks.
Authorities must provide them protection in case if one of them was endanger during performing his job.
Lawyers shouldn’t be judged according to their deputies’ cases.
Courts or any administrative authorities must not refuse the recognition of any lawyer to appear before the prosecution on behalf of his deputy unless this lawyer was incapacity according to the law and this principle.
Lawyers enjoy civil and criminal immunity in respect of making statements in good faith whether it was in his written or oral procedure or in court session or in front of other executive or administrative authorities.
The concerned authority guarantees for lawyers the ability to examine information, files and documents for a period sufficient enough to provide legal assistant for his deputy.
Governments guarantee and respect the confidentiality of all calls and negotiations happens between lawyers and their clients in the framework of their professional relation.
Second: The necessity of providing the legal immunity to lawyers during performing their jobs, and protecting their rights pursuant to the law, the constitution and the International Criteria of Human Rights. The Egyptian legislative structure should be amended also, so that the suitable legal immunity be provided to the lawyer during executing his job. Putting a number of subjective criteria and principles concerning the role of the lawyer inside the police station and the public prosecution, in a way that they become consistent to the principles of the Eighth United Nations Congress on Crime Prevention and the Treatment of Offenders for 1990, which reflex the complete respect for lawyers and their job.
Third: To ensure the independency of the lawyers from the bodies which represent the judicial authorities, the lawyer shall also obtain the highest amount of respect inside police stations, public prosecution and in front of the investigators, and to ensue also the privacy of the files and papers of the lawyer, without any inspection for his office.
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