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EOHR calls upon President Mubarak to annul immunity lifting decree on deputies of Court of Cassation Chair
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18/2/2006
The Egyptian Organization for Human Rights (EOHR) is anxious towards the destiny of the three judges deputies of the Court of Cassation chair, Mahmoud al-Khodeiry, Hisham al-Bastawisy and Mahmoud Mekki, whom were called by the General Prosecutor for investigation on a judge declaration in State Security Prosecution.
EOHR officially declared that State General Prosecutor summons the three deputies for investigation on the judge declaration scheduling their names in the so-called (Black List) hold names of the accused judges whom had been suspected in manipulation and forgery acts in the late parliamentary elections.
Moreover the process of putting new tools for classifying between the state authorities became more difficult, in which giving both Public Prosecution and State Security Prosecution the opportunity to hold investigation - in light of the common co-operation between the Prosecution and Justice Minister (The Executive)- brings them more authority and reliance.
EOHR approved that judges' press conferences and meetings convened in the polls are their tool for freedom of opinion and expression guaranteed by (United Nations) UN principles on Judiciary independence. According to Article 73 of the Constitution; 'state's head is the president of the republic whose duty is to honour people, respect Constitution and laws, protecting both national unity and common profits, gapping between state authorities to avoid any disadvantages in roles', though EOHR calls upon Chair of High Institute for Judiciary, President Mubarak to annul the decree of lifting immunity on judges via sticking laws guaranteed by the Constitution, which hold investigation in a limited domain.
On this domain, EOHR declares on the importance of practicing the international instruments of judicial independence and giving judges the freedom to form their own associations guaranteed by UN principles on Judiciary's independence, authorized by UN General Assembly's decrees (40/32) of 29 November 1985 and (40/146) of 13 December 1985, which Articles (1, 8, 9) state the following:
a) The state must guarantee Judiciary independence licensed by the state's laws or Constitution and the Government and other state's institutions must respect Judiciary's independence.
b) According to the Universal Declaration for Human Rights, The Judiciary's stuff have the right to freedom of expression and opinion, forming associations and assemble; though to protect their rights judges must subject to the dignity of the post and fairness and transparency of Judiciary.
c) The state must guarantee judges' right to form associations to represent their ideas and roles, improve their practical abilities via holding training workshops, holding a judicial independence and finally to be a member.
Finally, EOHR declared that Hafez abu Seada, lawyer and EOHR Secretary General will attend all investigation sessions to support judges' demands and attempt to protect their right to freedom of opinion and expression which is guaranteed by the Constitution and UN principles of Judiciary independence.
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