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Government urged to promote independence of the judiciary

Publish date: 11 February 2014
Issue Number: 564
Diary: IBA Legalbrief Africa
Category: Egypt

In a report released today (Monday), the International Bar Association's Human Rights Institute (IBAHRI) urges the future Egyptian government to take action to promote the independence of the judiciary and prosecution services, in order to strengthen the rule of law in Egypt.

The 85-page report Separating Law and Politics: Challenges to the Independence of Judges and Prosecutors in Egypt found that, although judicial independence is protected as a principle at the highest level, in practice and in process, the executive (particularly through the Ministry of Justice) is given wide powers over judges, providing scope for abuse. Furthermore, it calls on the transitional and future government to rectify the country's record of selective prosecutions by instituting a meaningful and peaceful transitional justice process that guarantees independence and impartiality. Baroness Helena Kennedy QC, IBAHRI Co-Chair, remarked: 'During the three successive regimes which followed Hosni Mubarak's fall in 2011, the prosecution of opposition forces has been enthusiastically pursued. These prosecutorial trends must be addressed in order to ensure the fair and effective administration of justice in Egypt.' She added: 'The 2014 Constitution is a significant improvement on its 2012 predecessor and represents a fresh start for Egypt. The IBAHRI strongly encourages the new Egyptian government to entrench standards protecting the independence of the judiciary and the prosecution, in order to protect the rule of law today and for generations to come.' The report is based on the findings of an IBAHRI investigative mission to Cairo in June 2013, and subsequent remote investigations held between August and November 2013. * IBAHRI is hosting a high-level panel discussion at the Law Society of England and Wales in London tonight (Monday) to mark the launch of this report. Full IBAHRI report

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