EOHR welcomes the administrative court’s decision to abolish the recent judicial decree

June 26th, 2012 by Editor

On June 26, 2012, the administrative court abolished the minister of Justice’s decree issued under number 4991, year 2012. The now-abolished decree gave members of military police and military secret service the capacity to arrest non-militants. The court’s decision came to being as the decree violated the constitutional declaration and the article number 23of the Code of Criminal Procedures.

Mr. Hafez Abu Saeda welcomes the verdict describing it as a “victory for human rights movement, democracy and the state of law”. He also described the verdict as crucial for the current transitional phase given the axiomatic nature of respect for human rights and freedoms.

EOHR appealed the juridical decree on the 14th of June 2012. The appeal was issued by Mr. Hafez Abu Saeda, the head of EOHR and the legal representative for the organization as well. The appeal was recorded under the number 46511.

The appeal mentioned how citizens rejoiced after the annulation of the emergency law. However, the decree surprised everyone as it gave members of military police and military secret service the capacity to arrest non-militants when suspected of committing crimes which is contradictory to the norms. Since this decree came into being contradictory to the law, it had been appealed. The verdict came in contradiction to the text of one of the last paragraphs from the article 23 from the Code of Criminal Procedures. The article states that for the decree of the Minister of justice to give any officer the power of arrest for three months to be valid, it needs to be done with the minister in question and for the power to be limited to crimes that fall under the officer’s area of specialty, relevant to their occupation.

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