Press releases

ACIJLP demands the arrest of al-Bashir in Egypt

16 September, 2012

The Arab Center for Independence of the Judiciary expresses the dissatisfaction from the Egyptian government’s situation of non-cooperation with the International Criminal Court, which is representing in inviting the Egyptian government, the wanted for criminal court and the involved in committing war crimes and crimes against humanity, to visit the land of Egypt.

In this connection, ACIJLP is not welcoming the invitation of the Egyptian government and its hosting for Sudanese President Omar al-Bashir, which contradicts with the distinctive role of Egypt and its efforts, on the adoption of the Statute of the International Criminal Court.

The Visit of the Sudanese President Omar al-Bashir to Egypt may represent the disregard of the role of the International Criminal Court in the consolidation of criminal justice and the protection of human rights, especially there are an decision issued from Pre-Trial Chamber of The International Criminal Court against President Omer Al-Beshir, to meet the request of the Prosecutor of the International Criminal Court on 14/ 7/2008 to issue a warrant of arrest, accussing him of committing war crimes, and crimes against humanity in the Darfur region since 2002, which resulted in the deaths of hundreds of thousands of unarmed civilians, and displaced more than 2.700000 million people others, according to the indictment issued by the prosecutor’s office in The International Criminal Court and the United Nations. The Centre points out that we should not be invoked by the immunities and official capacity of Al- Bashir, and a consideration must be given to Article 27 of the Rome Convention 1998, which states that: “1. This Statute shall apply to all persons equally without any discrimination based on official capacity. in particular, the official capacity of a person, whether as Head of State or Government, or member of a Government or parliament, an elected representative or a government official does not exempt him in any way from criminal responsibility under this Statute, nor does it constitute in itself, a reason for reduction of sentence.2 – immunities or special procedural rules which may attach to the official capacity of a person, whether under national or international law, does not prevent the Court from exercising it’s jurisdiction over such a person .

ACIJLP points out that, if it was true, the signatory states to the Rome Statue ,establishing the International Criminal Court, which are not ratified or acceded yet, do not bear any effective legal obligation however signing indicates the intentions of those states to take step expressing the acceptance of these obligations of the convention at a later date, since signing the convention creates an obligation upon the signatory states, in the period from signing to ratifying, to abstain (in a good faith) from doing actions which would suspend the essence of the convention or the purpose of it. According to Art. 18 of Vienna Convention for 1996, states that ” A State is obliged to refrain from acts which would defeat the object and purpose of a treaty when:

(a) it has signed the treaty or has exchanged instruments constituting the treaty subject to ratification, acceptance or approval, until it shall have made its intention clear not to become a party to the treaty; or

(b) it has expressed its consent to be bound by the treaty, pending the entry into force of the treaty and provided that such entry into force is not unduly delayed”

The Arab Center for the Independence of the Judiciary and the Legal Profession demands the Egyptian Attorney General to arrest al-Bashir and perform the procedures of extradition to the International Criminal Court since we are committed to the international obligations and the signing of the Rome Statute creating the court.

ACIJLP also asks the signatory Arab governments, including the Egyptian government, not to obstruct the Court’s role in the prosecution and accountability of the involved in the commission of crimes within the jurisdiction of the Court, and not to invite or host accused wanted by the court, and arrested if they are on its territory and hand them over to the International Criminal Court It should be noted that the International Criminal Court had issued arrest warrants for al-Bashir in 2009 and 2010, on charges of genocide, crimes against humanity and war crimes in Darfur, also accused him of responsibility for 10 crimes, including murder, forcible transfer of population, torture, rape and genocide. Egypt did not took into account the arrest warrants, and refrained from arresting Bashir during his previous visits, including a visit in March 2009, after weeks of issuing the International Criminal first arrest warrant against al-Bashir, and a visit in March 2011, when he met the ruling Militry Council at that time .

The ACIJLP holds the Saudi Authorities the Responsibility for the physical integrity of the Egyptian lawyer And calls upon the Egyptian Authorities to immediately intervene to secure his release

23 April, 2012

Urgent:

The Arab Center for the Independence of Judiciary and the Legal Profession (ACIJLP) expresses its deep regret and rejection over the Saudi authorities’ arrest to the Egyptian lawyer “Ahmed Algizawy” on Tuesday, April 17, 2012 claiming a verdict in absentia and sentenced him for a year after 20 skin lashes on charges of insulting Saudi King himself.

The ACIJLP is deeply concerned over the administrative prosecution to the Egyptian lawyer because it came as a result of exercising his profession and because lawyer “Ahmed Algizawy” filled a case to South Cairo Court against Saudi King regarding the detention of a large number of Egyptians in different cases, accusing them of exercising arbitrary detention and torture against a large number of Egyptians working in Saudi Arabia without following legal procedures. He calls upon their release and compensation of what they have suffered from such as torture and arbitrary arrest.

The ACIJLP believes that what was done by the Saudi authorities, is a clear violation of international conventions and commitments relevant to the role of lawyers, particularly the United Nations Basic Principles on the Role of Lawyers, which provided for in Article 16 “Governments shall ensure that lawyers ( a ) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; ( b ) are able to travel and to consult with their clients freely both within their own country and abroad; and ( c ) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.

The ACIJLP denounces the extreme arbitrary action which occurred as a result of the lawyer’s exercise of his profession after a trial in absentia which did not guarantee the lawyer the right to defense, and did not allow him to appeal against the sentence issued against him. The ACIJLP also holds the Saudi authorities responsibility for the physical integrity of the lawyer mentioned, and calls upon the Egyptian Foreign Ministry to immediately interfere with the Saudi authorities concerned to release the lawyer in question and the immediate cessation of the inhumane sanctions against him represented in skin lashes, which is considered in accordance with the international Covenants and commitments cruel, humiliating and degrading treatment. Moreover, the ACIJLP holds the Saudi authorities the responsibility to ensure his right to physical integrity.

The ACIJLP calls upon the Egyptian Bar Association to take the necessary legal and judicial procedures, for the release of the lawyer in question, and to take the necessary measures to reduce the judicial and administrative proceedings for lawyers because of performing their profession. It is worth mentioning that lawyer “Ahmed Algizawy” was arrested and taken to an unknown destination so far on Tuesday morning 17 April 2012 upon his arrival to Jeddah airport to perform Umrah and to visit the Holy Land in Saudi Arabia for the application of the rule issued by the Saudi courts to prison him for a year after 20 skin lashes on charges of insulting Saudi King himself. The penalty of skin lashes will be implemented on Friday 27^th April 2012.

Press Release The ACIJLP organizes a Workshop in Tunisia on “Reducing the Application of the Death Penalty”

8 March, 2012

The Arab Center for Independence of the Judiciary and Legal Professions (ACIJLP) in collaboration with One World Initiatives organizes a workshop on “Reducing the Application of the Death Penalty” during the period from 10 to 11 March 2012 in Tunisia.

The Workshop comes in the framework of the ACIJLP’s campaign on the project “Towards Reducing the Application of the Death Penalty in the Arab States” which launched by the ACIJLP at the beginning of the year 2010 and will continue till the year 2013 with financial support from the European Union (EU). The Campaign includes many events including regional and international conferences, training courses and research studies related to reducing and abolishing the death penalty in the Arab Legislation.

A number of judges, lawyers, law professors, human rights activists and Tunisian media figures will participate in the workshop.

The Workshop aims at activating the role of law professionals including judges, lawyers and law professors in reducing the Application of the Death Penalty in the Arab States, in addition to activating the role of media Institutions and Human Rights Organizations in disseminating tolerance, fighting violence, reducing the application of the death penalty and replacing such penalty with alternative sanctions. Moreover, the workshop discusses the standards and controls that should be adhered to when executing the death penalty, as well as having attention to the internationally recognized guarantees on the protection of the rights of those facing the death penalty.

The workshop sheds light on the International Conventions and Covenants related to protection of the right to life, the status of application of the death penalty in the Arab States and the Stand of these countries to ratify or accede to the conventions and Covenants against the death penalty. The workshop will also discuss the approach of Islamic law “Sharia” on reducing the application of the death penalty, and put forward views on the proposals for the gradual abolition of the death penalty in the Arab States and alternative sanctions.

The ACIJLP calls upon the Sudanese Government to cooperate with the International Criminal Court (ICC)

6 March, 2012

The Arab Center for the Independence of the Judiciary and the Legal Profession (ACIJLP) calls upon the Sudanese Government the necessity to cooperate with the International Criminal Court (ICC) as an independent international judicial mechanism. In the same context the ACIJLP urges the Sudanese Government to approve the request of the Prosecutor of the ICC to hand over Abdel Raheem Mohamed Hussein who is accused of committing forty-one crime against humanity and war crimes which falls within the jurisdiction of the ICC, in accordance with the provisions of Article V of the Rome Statute of the International Criminal Court. Such crimes are allegedly committed in the context of the situation in Darfur.

The ACIJLP also urges the Sudanese government to cooperate with the Prosecutor of the ICC because such cooperation may be the best and correct way to solve the crisis in Darfur which was referred to the ICC under Security Council’s resolution no. 1593 (2005) under Chapter VII of the United Nations Charter.

The ACIJLP calls upon the Sudanese Government that the impartiality and integrity of the ICC and guarantees for the accused to appear before the ICC in accordance with paragraphs (a, b, c, e, d) of article 66 and article 67 of the Rome Statute capable of ensure guarantees of fair trial for defendants and will make the trial far from taking a political character. It should be noted that the Pre-Trial Chamber of the International Criminal Court, issued on 1^st March 2012, a warrant of arrest against the above mentioned accused, after a request submitted by the ICC’s Prosecutor which make the court reach the conclusion that there are reasonable grounds for believing that the accused bears criminal responsibility of 20 crime against humanity and 21 war crime .

The ACIJLP organizes a symposium in Tripoli on “The Role of Media in Reducing the Application of the Death Penalty”

19 February, 2012

The Arab Center for Independence of the Judiciary and Legal Professions (ACIJLP) in collaboration with the Sawasya Organizations of the Rights and Freedom organizes a symposium on “The Role of Media in Reducing the Application of the Death Penalty” on Monday, 20^th February 2012 in Tripoli, Libya.

The Symposium comes in the framework of the ACIJLP’s campaign on the project “Towards Reducing the Application of the Death Penalty in the Arab States” which launched by the ACIJLP at the beginning of the year 2010 and will continue till the year 2013 with financial support from the European Union (EU).

(30) Libyan media Figures from various visual and audio outlets in addition to the many human rights activities will participate in the symposium.

The symposium aims to raise the awareness of the Libyans Media Figures towards human rights issues, the importance of the right to life, reducing the application of the death penalty, replacing such penalty with alternative sanctions, disseminating the culture of tolerance and combating violence acts.

The symposium discusses the role of media in guiding societal culture on respecting human rights, the role of the Libyan media figures in reducing crimes of revenge and honor killing. Moreover, addressing the culture of punishment in society and media strategy to support the role of civil society organizations on the field of reducing the application of the death penalty.

The sessions will be co-chaired and discussed by Dr. Hadi Abu Hamra, professor of criminal law at the University of Tripoli, Mr. Abdeen al-Sharif, Media professor at the University of Tripoli and the Academy of Graduate Studies, Dr. Imran Al-Safrani professor of international law at the University of Tripoli, in addition to many human rights activists and media figures in Libya.

Within in the framework of above mentioned ACIJLP’s campaign, the ACIJLP determined to organize many events including regional conferences, training courses and research studies related to reducing the death penalty in Arab States.

Complaint to Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms

13 April, 2010

Complainer:

The Arab Center for the Independence of the Judiciary and the Legal Profession (ACIJLP) is a non-governmental institution that works to reinforce and support the status of justice in the Arab regions – ACIJLP is the coordinator of the Arab Coalition for International Criminal Court.

Information about the Victims:

About 20 to 25 Egyptian nationals were arrested by Kuwaiti Security Authorities, 4 of them suffered forced repatriation to Egypt on Saturday – 10/4/2010, and the rest of them will be forcedly repatriated in three groups. ACIJLP couldn’t obtain any information on the age of the victims.

4 Egyptians from the supporters of “National Association for Change” chaired by Dr. Mohamed El Baradi’e (the former director of International Atomic Energy Agency) arrived to Cairo Airport yesterday after being forcedly repatriated by Kuwaiti Security Authorities in the wake of arresting 30 Egyptians in the aforementioned date during their attempt to organize a meeting to launch a branch of this association in Kuwait to undertake the collection of signatures of Egyptians there to validate a proxy to Dr. El Baradi’e to ask for the amendment of the constitution. The forced repatriated arrived on Kuwaiti Airlines – Flight “541” from Kuwait. They were interrogated with the Egyptian Security Authorities at Cairo Airport to know about the circumstances of their arrest in Kuwait.

Following are the names of the forced repatriated:

Aly Mohamed Abdel Karim El Haddad
Romani Shehata Malak
Tamer Farrag Farghly

Ahmed Abdel Aziz Sobhy

Detailed Description of the Violation:

On Friday – 9/4/2010, a group of Egyptians – supporters to the nomination of Dr. El Baradi’e for the coming presidential election due to be held in 2011 – organized a peaceful meeting in Al Salimyea (Eastern Kuwaiti City) to express their support to Dr. El Baradi’e, yet they were arrested as well as other people taken from thier homes or nearby their homes.

The Violation: ACIJLP sees this forced repatriation as a violation to the international instruments, given the fact that there are serious fears that those repatriated could suffer torture.

The Violated Instruments:

Article 13 of the International Covenant on Civil and Political Rights “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”.

Article 3/1 from 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“.

The Status of Kuwait regarding the ratification of the instruments related to this violation:

Kuwait ratified the International Covenant on Civil and Political Rights in 21/5/1996 and was effectuated in 21/8/1996.
Kuwait ratified the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment in 8/3/1996 and was effectuated in 6/4/1996.

ACIJLP Claims:

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

Nasser Amin

Director General ACIJLP