EOHR calls for respecting the judges’ right of expression

June 2nd, 2011 by Editor

The Egyptian Organization for Human Rights (EOHR) denounces referring three judges to the Juridical Inspection Department of the Ministry of Justice for questioning on delivering media statements to Al Jazera Satellite Channel, without prior permission. The judges criticized referring civilians to the military courts. The questioned judges are Hassan Al Naggar, head of the Judge Club in Zakazek, Alaa Shawki, Head of Giza Criminal Court and Ashraf Nada, head of the Court of Appeal in Bani Suef. This occurrence is a real violation of the international covenants on the independence of judiciary and the right of expression.

EOHR emphasize its full support to the questioned judges and their natural and legal demands that comply with the international standards of human rights, independence of judiciary and fair trial. EOHR also stressed on that no power is authorized to prevent anybody from expressing his/her opinion. It is the first time, in which judges are questioned for defending the independence of judiciary. It does 

This incident is violating the UN Principals for the Independence of Judiciary, articles 1, 8 and 9, December 13, 1985:

Article no. 1

The state guarantees the independence of judiciary and this should be mentioned in the constitution or the laws of the country. The governmental and nongovernmental organizations should respect this independence.

Article no. 8

According to the Universal Declaration of Human Rights, the Judiciary Power members enjoy the right of expression, assembly and forming NGOs like any other people.  

EOHR also calls for the juridical inspection mission to the Supreme Juridical Council instead of the ministry of justice. The juridical inspection authority supervises the performance of the courts of first instance’s heads. The Minister of Justice, who is one of the executive power members, should not have any juridical powers or even the less-related powers like punishing, seconding and moving judges. These powers should be given to the Supreme Juridical Council instead. 

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