The Egyptian Organization for Human Rights call upon the President not to approve the law that establishes the Health/Social Fund for the Judiciary

December 21st, 2014 by Editor

The Egyptian Organizationfor Human Rights expresses itsdeep concern over the proposed amendment tothe law ofthe establishment ofhealth and social services fundfor themembers of the civil and military Judiciary. The Law imposesastampworth10 Egyptian poundson every paper in any casethat is submitted to either to regularormilitary courtson their different degrees. The same fees are to belevied onallcertificatesextracted fromvariousjudicial bodiesand military courts.

 

The Provisions of the amendments read as follows:

(First Article)

To be added to Law number 36 of the year 1975

A stamp worth 10 Egyptian pounds is to be imposed on all papers that are submitted to all courts with all their degrees, the General prosecution, The State council, the Administrative prosecution body, the state cases body. All certificates that will be extracted from these judicial institutions and bodies are not subject to the laws of judicial fees.

All revenues from the stamp’s value are to be transferred to the health and social services fund for members of all judicial bodies.

The Minister of Justice is to decide how the stamp should look like, how it could be procured, and conditions where one can be exempted from them.

 

(Second Article)

A fund is to be created at the ministry of defense with legal personality. The state will allocate necessary resources to the fund so that it can supportand finance the social and medical services to members of the Military Judiciary, and the Minister of defense is to issue a law to regulate spending and the fund it self.

 

(Third Article)

A stamp is to be imposed on all papers submitted to military courts, and the certificates extracted from them. All the revenues from the stamps are to be transferred to the fund mentioned in the second article

 

These proposed amendments that have been approved by the legislative department of the state council on 8/12/2014, will present one more burden on the poor people who turn the Judiciary to restore their stolen rights. It also presents violation of their rights to file legal cases, that are guaranteed by International Human Rights treaties and conventions as well as the Egyptian Constitution. The constitution stresses these rights in the following articles:

 

Article 8:   Society is based on social solidarity. The State is obliged to achieve social justice, so that a decent life can be guaranteed for all citizen in accordance to the law.

Article 53: All citizens are equal before the law, and they have equal rights, freedoms and general obligations…..etc.

Article 97: Litigation is a protected right of all citizens and the state is obliged in facilitating access to litigation authorities,and expediently solve cases….etc.

Article 98: The right of defense, either directly or through agency is guaranteed.

 

.Theprojectincludesmodificationslegal feesbill to theCouncil of Ministers, in preparation for approvalofthe presidency.The most prominentchangesin therelative increaseof feesto2,000 poundsinclaimsthat are notworth more than40thousand pounds.Also increasedfeesto 4thousand poundsin casesworth more than40thousandpounds and not exceedingone hundredthousand pounds, andincreasedfeesto10 thousand poundsinclaims thatmore than100thousandpounds and not exceedinga millionpounds, andincreased to20thousand poundsin casesworth more thanamillion pounds. Also addressed theamendmentsincrease theflat feeto150 poundson theappealsthat are heldwithregardto the SupremeAdministrative Court, asincreasedfeesinlawsuitsseekreconsiderationto50 pounds.
It alsoincreasedfeesinproceedingsresumedunknownvalue totheappealof 20 pounds, which are examined incourts of first instance, and 30poundson theappealhearingbefore thecourts of first instancejudgments oftheUrgent Judiciary. In addition to that 50poundson theappealhearingbefore the SupremeCourts of Appeal, and increased the feeto 100poundsthe with regards to appealsCourt of Cassationand75 poundsto request thestopping of  theimplementation of the provisionsbefore the Court ofCassation. In addition,feesin unknownclaimsvalueincreasedto 20 poundsfor thedisputesthat ariseon theurgent judiciary,and75 poundsin a declaration ofbankruptcy suits or to make peace to prevent onefrom bankruptcy. The Organization believes that those two proposals will only serve to exhaust litigants, and will only increase his or her burdens.This will force citizens to not to resort to their right of litigation, which is a violation of one of the core rights of human being, and that is the right of litigation as a last resort to reclaim one’s rights. On his part Mr. Hafez Abu Seada the Chairman of the Egyptian Organization for Human Rights stated that the organization will send a message to President Abdel Fattah Al Sisi, demanding his rejection of the proposed amendments to the law, as charging a 10 pound stamp per paper will raise the value of the papers of litigation, that are at least 50 pages per case, stressing that the person who will be affected is the ordinary citizen not the Lawyer.Abu Seada added that the law will add to the burdens of citizens especially that it will be applied to all cases, whether they are military, administrative or criminal, and that the money the stamps will gather will be added to the Judge’s medical fund, pointing that it would have been better if the state paid for these expenses, especially that there are fees that imposed in fact for the Judge’s fund.

 

This entry was posted on Sunday, December 21st, 2014 at 1:24 pm and is filed under Statements. You can follow any responses to this entry through the RSS 2.0 feed. You can skip to the end and leave a response. Pinging is currently not allowed.

Leave a Reply

You must be logged in to post a comment.