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The Arabic Network for Human Rights Information denounces the lifting of judges' immunity


18 February 2006

Cairo, 18 February 2006 - The Arabic Network for Human Rights Information (HRinfo) condemns the decision made by the Higher Council of Judiciary to lift the judicial immunity of three Judges who call for political and judicial reform in Egypt. This decision was made upon the request of the Public Prosecutor to conduct investigations with them for charges of "insult and defamation".

According to "Islam Online.net" website, the Egyptian Public Prosecutor received on Wednesday, 15 February 2006, the approval of the Higher Council of Judiciary to lift judicial immunity off three of the leaders of the Judges Club. On the same day, the three judges were questioned by the State Security Prosecutor after being charged with accusation of "insult and defamation".

These judges are: Counselor and Chairman of the Alexandria Judges Club, Mahmoud El-Khodeiry; Vice-chairman of the Court of Cassation, Hisham El-Bastawisy; and member of the Judges Club board of directors, Mahmoud Mekky.

"The decision to lift immunity off these judges and question them does not come as a surprise. This kind of behavior goes in line with the government's insistence to use the Public Prosecutor as a tool against reformists and democracy supporters in Egypt," HRinfo Executive Director, Gamal Eid, said.

"It is not surprising that the Public Prosecutor who froze investigations on attacks perpetrated against journalists during last May's referendum, is now questioning judges who defend the right of Egyptian citizens to fair and free elections," Eid added.

The Public Prosecutor has done his best to stop investigations in cases that might involve members of the ruling party or some police bureaus. In many instances, some cases were left open for many years. Examples include the case of lawyer Abdel Hareth Madany who died in April 1994 as result of torture, and the neglecting of the rights of victims exposed to torture during the anti-war on Iraq demonstrations in 2003, besides many other cases. At the same time the Public Prosecutor does not hesitate to open investigations against those demanding reform in Egypt, such as the opinion prisoner, Ayman Nour, and the aforementioned three judges.

"Efforts made by the Cairo and Alexandria Judges Club, especially efforts of the aforementioned judges, to defend the rights of Egyptian citizens and guarantee judiciary independence need the support of honorable individuals and the civil society," Eid said. "Had this been a democratic country, these judges would have been honored rather than interrogated," he added.

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