December 28th, 2011 by Editor
In the framework of emphasizing the sacredness of the court verdicts, the Egyptian Organization for Human Rights (EOHR) denounces the proposal of the High Juridical Commission for Elections to amend article 9, law no. 38, year 1972 of the People’s Assembly. The proposal submitted on December 27, 2011, also included amendment of Shura Council code no. 120, year 1980. The proposed amendments stated that the decisions of the administrative courts are not applied, if issued after the specified period, no more than 7 days after the electoral process.
Mr. Hafez Abu Seada, the head of EOHR, stated that the legislative structures must be purified against any components that are considered as obstacles on the way to the freedom, democracy and the rule of law. The balance and separation of powers is an important step towards democratic transition in Egypt. The balance will not be achieved without having all the court decisions executed. Such amendments should be discussed by the Legislative department of the State Council to decide on their constitutionality. The new amendments do not comply with respecting of the court verdicts that is clearly mentioned in the article no. 24 of the constitutional declaration, issued in March 2011 “verdicts are issued and executed in the name of people”.
EOHR calls the SCAF to reconsider these proposed amendments and have no initiative towards activation of the amendments. These amendments do not provide the safeguards of electoral fairness and transparency. The electoral process should run without any administrative interference. The court decisions must come first in order to guarantee fair electoral process.
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