Press releases

ACIJLP Submits Two Complaints against the Government of Kuwait to the Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms and Special Rapporteur on the Human Rights of Immigrants

As Kuwaiti authorities arrested and forcedly repatriated Egyptian national working in Kwuati on Friday 9/4/2010 as a result of exercising their right to freedom of opinion and expression and the right to peaceful assembly, ACIJLP lodged a complaint to UN Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms and Special Rapporteur on the Human Rights of Immigrants. 

The two complaints described the violation of the Kuwaiti authorities to the provisions of the International Covenant on Civil and Political Rights, specially Article 13 therefrom “An alien lawfully in the territory of a State Party to the present Covenant may be expelled therefrom only in pursuance of a decision reached in accordance with law and shall, except where compelling reasons of national security otherwise require, be allowed to submit the reasons against his expulsion and to have his case reviewed by, and be represented for the purpose before, the competent authority or a person or persons especially designated by the competent authority”.

Moreover, Kuwaiti authorities violated article 3/1 of the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment “Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependents shall be entitled to compensation“.

ACIJLP indicated that Kuwait ratified the aforementioned violated international instruments upon arresting about 30 Egyptian nationals working in Kuwait and started their forced repatriation to Egypt on Friday 9/4/2010.

The arrested Egyptians organized a peaceful gathering in Al Salimyea (Eastern Kuwaiti City) to express their support to the nomination of Dr. Mohamed El Baradi’e (the former director of the International Atomic Energy Agency) in the coming presidential elections due to be held in Egypt in 2011.

ACIJLP calls upon Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms and Special Rapporteur on the Human Rights of Immigrants for prompt action to immediately release the arrested and stop the forced repatriation to the rest of the aforementioned detainees, and the same time ensure that the forcedly repatriated aren’t suffering any kind of torture, and other cruel, inhuman or degrading treatment or punishment.     

ACIJLP welcomes the Saudi government’s orientation to allow the female lawyers to plead before courts in family cases

The Arab Center for the Independence of the Judiciary and the Legal Profession (ACIJLP) expresses its welcoming of the statements made by the Saudi Minister of Justice, Mr. Mohamed Al Issa, on February 21, 2010. These statements were on the planning of the Saudi government to issue a new law allowing female lawyers to plead before the courts for the first time in Saudi Arabia.

The Center believes that such a step, which allows female lawyers to appear in courts in family-related cases, including divorce cases and child custody, is a good step towards activating the right to equality, stipulated by the International Bill of Human Rights.

The Center also believes that this step requires to be followed by a number of steps that ensure equality between Saudi women and men to exercise the legal profession, and empower Saudi women to practice the legal profession in all cases, and not to restrict their role in litigating and defending family issues.

Furthermore, the Center calls upon the Saudi civil society institutions to intensify and coordinate their efforts with the Saudi government to give effect to the right to equality, and to adopt an enlightened strategy to enable Saudi women to play their role in the development of Saudi society.

Press Release: The Egyptian public prosecutor requests Hamas spokesman’s testimonies

Upon the request made by Mr. Nasser Amin, a lawyer and director of the Arab Center for the Independence of the Judiciary and the Legal Profession, Mr. “Yasser Batta”, president of West Alexandria Prosecution, issued his decision on February 23rd 2010 to hear the testimony of Mr. Sami Abu Zahry, Hamas spokesman in the matter of the death of his brother, Yousef Abu Zahry in “Burj al Arab” prison in Alexandria.

Worth mentioning that Mr. Nasser Amin had submitted a request, on September 16th 2009,  to Councilor. Abdel Megid Mahmoud, the Egyptian Public Prosecutor, to open investigations into the death of Abu Zahra. The application contains several observations concerning the findings that surrounded the incident and the investigation was in the file; as the Egyptian authorities announced it and added that it “is insufficient and can’t show the truth.”

It should be noted that Mr. Amin has called for an independent investigation into the circumstances of the death of Yusuf Abu Zahry inside his prison, especially since there are many doubts about being tortured.

The Egyptian authorities arrested Yousef Hamdan Awwad Abu Zahry, 38 years, on April 28th 2009 in Al-Arish City, allegedly infiltrated from the Gaza Strip to Egypt through one of the tunnels. Furthermore, Yousef Abu Zahry has undergone numerous investigations by the Egyptian authorities until he died on October 10th 2009 at “Burj Al Arab” prison in Alexandria .

ACIJLP Condemns the Sudanese government’s practices regarding the right of peaceful assembly

The Arab Center for the Independence of the Judiciary and Legal Profession (ACIJLP) expresses its deep concern about the practices of the Sudanese government towards the right to freedom of peaceful assembly, which represents explicitly violation of international instruments and commitments in particular Article 21 of the International Covenant on Civil and Political Rights, which states that ” The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others.. “

The events in the city of Omdurman, Sudan – Khartoum – raises many concerns about the right to freedom of opinion and expression and the right to peaceful assembly in the Sudan; where the Sudanese security forces, on Monday 7 December 2009, used excessive force against a peaceful march before the National Sudanese Council – Parliament – resulted in the arrest of several demonstrators, and injuries to “Yasser Arman”, Deputy of General Secretary of the People’s Movement for the Liberation of the Sudan, and a member of the Sudanese Parliament

What raises the concerns of the Center is that the Sudanese opposition, which organized this peace march, had already informed the security authorities of this march.

The Sudanese opposition has called for this march to present a memorandum to the National Sudanese Council claiming for legislative amendments to the laws restricting freedoms like the National Security Act, the referendum law on the fate of southern Sudan, and the law of the popular consultation of the Nuba Mountains and Blue Nile region, as well as demanding for the current political situation in Sudan.. While the Center condemns these practices of the Sudanese security organs, it urges the Sudanese government to respect its international obligations and commitments, and to ensure the right to freedom of peaceful assembly, as well as the immediate release of Sudanese detainees who were arrested in this march .

The Arab Coalition for the International Criminal Courtcalls up the Security Council to refer Gold Stone’s report to the International Criminal Court

The Arab Coalition for International Criminal Court (ACICC)- which includes 74 Arab NGO – appeals to UN Security Council to refer the report of Judge Richard Gold Stone (Head of the United Nations fact-finding on the Israeli war on the Gaza Strip) to the International Criminal Court. The UN Human Rights Council in Geneva endorsed the report on October 16, 2009 to be discussed before the Security Council.

In the opinion of the ACICC, referring this file to the ICC by the Security Council will entrench the international criminal justice and the role of the court in protecting human rights and ending the culture of impunity.

The ACICC sees that there is a kind of similarity between the situation of Darfur crisis, which were referred to the International Criminal Court according to decision No. 1593 of the Security Council in 2005 under Chapter VII of the UN Charter, after the report of the Fact-Finding Committee,  just like the fact-finding committee headed by Judge Richard Gold Stone that issued the report, which was approved by the UN Human Rights Council.

On the other hand, the referral of this file by the Security Council to the ICC would indicate that the issues of justice and human rights can not tolerate handling policy of double standards and the responsibility of the Security Council to maintain international peace and security are paramount considerations.

The Coalition note that it is concerned about internal investigations that might be conducted by internal judicial authorities on the crimes monitored by the report, which may lead to going around the report, and undermine the role of the International Criminal Court.

In addition, the Coalition is calling upon the UN Security Council, to refer the Gold Stone’s report to the ICC for investigation and accountability of the perpetrators of the crimes that took place during the war in the Gaza Strip, which lasted over 22 days in December and January, and disclosed in the report. Moreover, it appealed to members of the Security Council, including that the five permanent members not to take actions that could delay the referral of the file of Gaza Strip to the ICC, especially since these countries have already taken a clear and specific position about referring Darfur’s file to the International Criminal Court.

Further more, the Coalition warns that compromising or attempting to undermining the referral to the International Criminal Court, will affect the prestige of the international organization and the Security Council, and the role of the International Criminal Court in the protection of human rights and the consolidation of international criminal justice.

ACIJLP Welcomes the Amnesty Decree Issued BY the Libyan President and Calls Upon the Government of Egypt to Release Libyan in Egypt’s Prisons

ACIJLP would like to express its welcome to the amnesty decree issued by the Libyan President for several prisoners including 47 Egyptian prisoners in commemoration of the 40th Anniversary of the Great Al Fateh Revolution.

ACIJLP would like to seize this opportunity to call upon the Government of Egypt to release some Libyans in Egypt’s prisons awaiting sentences in criminal cases, namely:

  • Oun Adam Al Ghamary Mokhtar
  • Muhammed Masoud Aly
  • Ramadan Khamis Attia
  • Nassif Mom’en Muhammed
  • Abdel Qader Shamkh Attia

Moreover, ACIJLP Highly appreciates the decree of the Libyan President to replace the death penalty with imprisonment penalty for those who are sentenced to death as embodiment to the instructions of the Libyan President regarding death penalty.

ACIJLP hopes that the Arab regimes would take positive steps to abolish the death penalty.

Arab Center for Independence of the Judiciary Law Firm