Independent Judiciary – Free Country In a Historical Precedent in the Egyptian Judiciary History Excluding a Number of Judges in the Supreme Constitutional Court

Tuesday, 01 January 2013 00:00

 

The undersigned assure that this resolution "contradicts all the constitutional texts and the legal constants that assure the inconvertibility of judges' exclusion". The matter which is represented clearly in excluding the judge, Tahani El Gebaly, who has been excluded from the constituting of the Supreme Constitutional Court as a response to her situations that contradict with the regime's policies, which violate the principle of judiciary's independence that considers the main guaranty to achieve justice and then the country's stability. The undersigned assure that what has happened represents violation of separation of powers principle and a continuous series of violations against judicial entities.

The session, which was held by the general assembly of the Supreme Constitutional Court on Wednesday 26th December 2012, was resulted in applying article no. 233 in judicial powers section of the new constitution. This article states the return of the excluded judges from the constituting of the court to their previous positions which they occupied before joining the court; which means the return of four of the court members to the court office, one member to the court of cassation and another one to the court of appeal. Meanwhile the judge Tahani El Gebaly has been totally excluded, although she was one of those who have been previously excluded judges. This has been explained by a judicial source as she has been excluded since she worked as a lawyer before being appointed in the Supreme Constitutional Court . 

It is unacceptable to apply article no. 233 of new constitution and at the same time ignored the article no. 232 of the section of transitional provisions. This article states to prevent the leaders of the dissolved national party from practicing political work and nominate for presidential and legislative elections for ten years starting from working with the new constitution which also includes the  president's appointment resolution of Shuraa Council members who contain five of the dissolved national party. It is worth mentioning that these articles in the section of transitional provisions in the new constitution and that have been voted along with other articles is considered an absenting of the citizens' will, the matter which contradicts with the rules of democratic referendum. The judge Tahani El Gebaly is the first Egyptian woman to be appointed in the judicial corps in the contemporary era, as a presidential resolution issued to appoint her in 22nd January 2003 among the judges board in the Supreme Constitutional Court to be the first Egyptian woman who occupies such judicial position. The Egyptian government appoints 32 female judges in 2007 in other judicial bodies. 

Signatories

N.B: signatures are put according to the priority of signing. 

Firstly: Organizations and Initiatives

Cairo Center for Development

Woman Committee in the Egyptian Social Democratic Party

Egyptian Feminist Coalition

Egyptian Female Lawyers Initiatives

Eshraqaa Center for Law

The National Union for Advocates Independence

AL Nadeem Center for Rehabilitating Violence Victims

Omi Association for Rights and Development

Arab Organization for Criminal Reform 

The Arab Program for Human Rights Activists

New Woman Foundation

Hamaya Center for Supporting Human Rights Defenders

Modern Woman Association

Al Dameer Center for Law and Human Rights

Association of Egyptian Female Lawyers

The Egyptian Association for Spreading and Developing Legal Awareness

The Egyptian Association for Law and Human Rights

The Egyptian Center for Corrupt Combating

National Organization for Supporting Democracy

The Coordinating Committee for Syndicate and Labor Rights and Freedom in Upper Egypt

Human Rights Activists Union in Upper Egypt

Justice and Development Organization for Human Rights

Hayat Center for Sustainable Development and Legal Aid

The Association of Child at Risk

The Association of Arab Working Women

Sout El Nas Association for Human Rights

The Egyptian Union for young Human Rights Organizations

Young People Masbiro Union

Positive Movement Group

ACT

Seeing Harassment

Women Parliament

Fouada Watch

Bokra Association for Media Production and Media and Media and Human Rights Studies

Bahya Ya Misr

Shayfenkom Movement

CEWLA

Egyptian Woman Voice Movement

The Egyptian Center for Women's Rights

Misr El Mitnawara Movement 

 

Secondly: Individuals

Khaled Abo Kirisha – A lawyer and Assistant Secretary General of Arab Lawyers Union

Dr. Hossam Eisa – Law Professor at Cairo University  

Magda Adly – A Physician

Hagag Nail – Human Rights Activist

Heba Adel – A lawyer and human rights activist

Intsar El Saed – Human Rights Activist

Saed Abo El Alaa – Human Rights Activist

Ahmed Ghazy – Human Rights Activist

Neiven Girgis – a member in the Egyptian Social Democratic Party

Dr. Mina Magdy – Priest

Hamdy El Asuity – a lawyer and Human Rights Activist

Dr. Azza Kamel – writer and human rights activist

Mr. Fathy Farid – blogger and human rights activist

Aida Abd El Rahman Ahmed – El Dostour Party member

Mr. Ahmed El Karashy

Nour El Hoda Zaki – Journalist

Shawqya Al Marda – Employee

Dr. Taqadoom El Khateeb – member of National Association for Change

Hany Khorshed – co-founder in El Dostour Party 

Naser Abo Tahoon – journalist

Namees Arnoos – Media Personnel

                                                                                                                   Shady Al Adl – the head of Al Mo'tamar (conference) Party

Mona Mounir – the head of the women general assembly in El Masreen Al Ahrar Party)

Dr. Mervat El Talawi (the head of the National Council for Women)

Amina Tharwat Abaza (member in El Masreen El Ahrar Party)

Dr. Esam Khalil   

Hoda Abd El Hamid Rada (member in El Masreen El Ahrar Party)

Noha Nabil Fawzy

Azza Soliman (a lawyer)

Daila Samy

George Yousef (international arbitrator consultant)

Enas Mikawy (feminist activist)

Bothina Kamel- media professional

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