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A workshop held by EOHR
The forum of the legislative amendment refuses the bill of the judiciary bodies and calls society powers to pass an alternative one
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11/12/2007
Number of judges , professors of constitutional law , parties leaders and members of people’s assembly call for enacting a new bill for judiciary bodies instead of the draft law prepared by government . This bill should be formed by all political ,partisanship and community powers and enacted by judiciary club by the way that it achieves the financial and administrative of judiciary independence away from the ministry of justice .
Participants of this workshop which was held at the headquarters of EOHR called for non-assignment of judges to executive bodies so as not to prejudice their independence .
This workshop comes in the frame work of the legislative amendment forum activity which was started by EOHR since Jan 2007 and extends to two years at 7governorates ( Cairo – Alexandria – El Gharbia – Damietta – Port Said – Asuit –Qena ) ,Mr. Hafez Abou Seada , General secretary of EOHR ,clarified .
This forum aimed at amending the national legislations in accordance with the international criterion of human rights which was stipulated in all international covenants and ratified by Egyptian government through suggesting new drafts or preparing an alternative laws according to the present situation and the international standards of human rights .This forum also deals with canceling the work of violated laws and discusses drafts submitted to people’s assembly and Shura council , Abou Seada added
This forum is followed by 3 committees , the first committee for supporting political parties ,and the second one for supporting the freedom of opinion and expression and media while the third one for supporting the judiciary independence , Abou Seada proceeded .
This workshop comes in the frame work of stipulating the guarantees of judiciary independence in accordance with the international covenants of human rights for the interests of supporting the independence of Egyptian judiciary and the guarantees of judge as individual .The workshop deals with the role of the legislative authority towards
laws which organize the judiciary work ,and the role of civil society towards the independence of judiciary. Also it deals with the vision of political and partisan powers and the organization of civil society in amending the judiciary law and the governmental draft of judiciary bodies .
Mr. Ahmed Abdel Hafeez ,the vice chairman of EOHR , warns of the danger of bills prepared by government that restrict the judiciary .The last judiciary law which was refused by judges is not the only the example for governmental interference . The experiments of judges with these kinds of laws assure that government will not back ward towards its objectives especially that the draft was not totally canceled . Mr. Hafeez calls for supporting the judiciary and standing up to the executive authority not to control the judiciary bodies.
Khaled kora ,Judge , added that the independence of judiciary is the responsibility of the president not the executive authority in order not to prejudice their independence . Despite restrictions imposed by the ministry of justice on the financial resources of judges ,we don’t have independent judiciary but we have independent judges .He calls for the independence of judges in the frame work of his court and forming a real immunity inside and outside the court.
Kora expressed his deepest worries concerning the law draft of the judiciary as there is a restriction imposed to the independence of judiciary in Egypt .
Dr. Sarwat Badway , professor of Constitutional law at Cairo university ,indicated that the judiciary is the dominance power among authorities theoretically , but the president is the absolute dominant practically.Dr.Badaway calls for submitting the choice of Attorney General to specific conditions like practicing the judiciary on the bench not through deputation in the executive bodies.
Mr.Essam El Eslambouly ,lawyer at supreme court ,confirmed that the lack of judiciary independence is forming a dangerous phenomena and the restriction imposed by the minister of justice is refused as there are 59 terms in the law of judiciary authority include the domination of minister of justice on judiciary power.
El Eslambouly called for canceling judges deputation and Review articles on the dominance of the executive bodies on the judiciary.
Abou El Ezz El Hareery , vice chairman of El Tagamo party , confirmed that the crisis is deeper than the independence of judiciary ,it is the problem of entire society as the political system in Egypt needs amendments from its roots . He expressed about his refusal for the draft prepared by government and called for teaching the issue of the judiciary through the university study .
Mr.Farouk El Ashry ,member of committee of defend, confirmed that Judicial independence will come only by comprehensive reform of the system of governance .
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