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Egypt's Judiciary

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Egypt's Judiciary Egypt’s Judiciary: A Tool of Repression Lack of Effective Guarantees of Independence and Accountability Composed of 60 eminent judges and lawyers from all regions of the world, the International Commission of Jurists promotes and protects human rights through the Rule of Law, by using its unique legal expertise to develop and strengthen national and international justice systems. Established in 1952 and active on the five continents, the ICJ aims to ensure the progressive development and effective implementation of international human rights and international humanitarian law; secure the realization of civil, cultural, economic, political and social rights; safeguard the separation of powers; and guarantee the independence of the judiciary and legal profession. ® Egypt’s Judiciary: A Tool of Repression Lack of Effective Guarantees of Independence and Accountability © Copyright International Commission of Jurists Published in September 2016 The International Commission of Jurists (ICJ) permits free reproduction of extracts from any of its publications provided that due acknowledgment is given and a copy of the publication carrying the extract is sent to its headquarters at the following address: International Commission of Jurists P.O. Box 91 Rue des Bains 33 Geneva Switzerland This report was made possible with the support of the Open Society Foundations. Egypt’s Judiciary: A Tool of Repression Lack of Effective Guarantees of Independence and Accountability Egypt’s Judiciary: A Tool of Repression Lack of Effective Guarantees of Independence and Accountability TABLE OF CONTENTS INTRODUCTION ............................................................................................. 4 EXECUTIVE SUMMARY AND KEY RECOMMENDATIONS ................................... 7 GLOSSARY ................................................................................................... 18 CHRONOLOGY .............................................................................................. 19 CHAPTER ONE : THE JUDICIARY IN TIMES OF CRISIS ................................. 26 I. ATTACKS ON THE INDEPENDENCE OF THE JUDICIARY SINCE 2011 ................................ 26 II. THE JUDICIARY AS A TOOL OF REPRESSION .............................................................. 30 A. PRE-TRIAL ISSUES .................................................................................................. 30 i. Prosecutors initiating and judges continuing prosecutions when the charges are unfounded 30 ii. Incommunicado detention ........................................................................................ 34 iii. Presumption in favour of pre-trial detention applied by prosecutors and judges............... 36 iv. Failure to respect the right to counsel and to ensure adequate time and facilities to prepare a defence ....................................................................................... 40 B. RIGHTS AT A TRIAL ................................................................................................ 44 i. Judges’ application of laws that violate human rights and refusing to permit constitutional challenges ................................................................................................................. 44 ii. Judges’ failure to ensure the presumption of innocence, equality of arms, rights of defence and right to be present ................................................................................................ 49 iii. Judges’ failure to ensure a public hearing ...................................................................................... 56 iv. Judges’ failure to ensure the presumption of innocence: convictions based on poorly rea- soned judgments and without individual findings of guilt, and convictions in the absence of credible evidence of the guilt ....................................................................................... 58 v. Imposition of the death penalty following blatantly unfair trials ..................................... 63 III. DISCIPLINE AND PROSECUTION OF JUDGES ............................................................ 70 IV. RECOMMENDATIONS .............................................................................................. 74 CHAPTER TWO : OVERVIEW OF THE COURTS ............................................... 77 I. ORDINARY COURTS ................................................................................................. 77 II. ADMINISTRATIVE COURTS ...................................................................................... 78 III. MILITARY AND EMERGENCY COURTS ....................................................................... 78 CHAPTER THREE : HIGH JUDICIAL COUNCIL ............................................... 79 I. CURRENT STATUS ................................................................................................... 79 II. ASSESSMENT IN LIGHT OF INTERNATIONAL STANDARDS ............................................ 82 III. RECOMMENDATIONS ............................................................................................ 84 CHAPTER FOUR : JUDICIAL AUTHORITY LAW .......................................................... 86 I. CURRENT STATUS ................................................................................................... 86 i. Appointment and promotion ...................................................................................... 86 ii. Women in the judiciary ............................................................................................ 88 iii. Security of tenure and transfer ................................................................................. 89 iv. Assessment and discipline ...................................................................................... 91 II. ASSESSMENT IN LIGHT OF INTERNATIONAL STANDARDS ............................................ 94 i. Appointment and promotion ..................................................................................... 95 ii. Women in the judiciary ............................................................................................ 98 iii. Security of tenure and transfer ............................................................................... 100 iv. Assessment and discipline ..................................................................................... 101 III. RECOMMENDATIONS ........................................................................................... 103 CHAPTER FIVE : SUPREME CONSTITUTIONAL COURT ............................................ 104 I. INTRODUCTION .................................................................................................... 104 II. INDEPENDENCE ................................................................................................... 105 i. Appointment and composition ................................................................................. 105 ii. Discipline ............................................................................................................. 108 III. FUNCTIONS ........................................................................................................ 108 i. Jurisdiction ........................................................................................................... 108 ii. Access ................................................................................................................. 109 IV. ASSESSMENT IN LIGHT OF INTERNATIONAL STANDARDS .......................................... 110 i. Independence ....................................................................................................... 110 ii. Function .............................................................................................................. 111 V. RECOMMENDATIONS ............................................................................................. 113 CHAPTER SIX : OFFICE OF THE PUBLIC PROSECUTOR ............................... 114 I. CURRENT STATUS ................................................................................................. 114 i. Appointment, promotion, transfer and discipline ....................................................... 114 ii. Functions of prosecutors and relationship with other branches of government ............... 118 iii. Prosecutors facilitating impunity for human rights violations ....................................... 119 II. ASSESSMENT IN LIGHT OF INTERNATIONAL STANDARDS .......................................... 121 i. International standards ......................................................................................... 121 ii. Appointment, structure and discipline ..................................................................... 122 iii. Functions of prosecutors and relationship with other branches of ............................... 124 government ............................................................................................................. 124 III. RECOMMENDATIONS ........................................................................................... 130 CHAPTER SEVEN : MILITARY AND EMERGENCY COURTS ............................ 132 I. MILITARY COURTS ................................................................................................. 133 i. Formation and appointment .................................................................................... 133 ii. Personal and subject matter jurisdiction .................................................................
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