CAIRO – 16 October 2020: Strongly committed to respecting the principle of separation of powers as a basic guarantee for the protection of human rights and of fundamental freedoms, the Egyptian state accords high priority to ensuring the independence of the judiciary system.
The first guarantee of fair criminal trials, judicial independence is stipulated in Article 184 of the 2014 Egyptian constitution. Accordingly, judges are independent and cannot be dismissed; and they are subject to no authority in their work, other than the law. Such independence applies to courts of justice of different types and degrees, which issue their judgments in accordance with the law and whose powers are defined by the law.
Moreover, in light of the fact that criminal judiciary is based on the principle of judicial conviction, each judge has a complete freedom in forming their personal beliefs, according to what they are comfortable with and to what satisfies their convictions.
The Egyptian constitutional provisions and the Code of Criminal Procedure guarantee the judge’s impartiality; and any procedures for challenging such impartiality are regulated — if reasons specified by the law are though to affect the judge’s impartiality.
Article 184 of the Egyptian Constitution further stipulates that any interference in judicial affairs or proceedings is a crime that is not subject to the statute of limitations. Cases under investigation or those being considered before the judiciary system are terminated only upon the issuance of a decision by the competent judicial authority, stating that there is no basis for instituting a criminal case or for a final judgment of acquittal.
It is also worth noting that ‘Public Prosecution Office’ is an integral part of the judiciary system; and it undertakes the investigation, movement, and initiation of criminal cases. Therefore, criminal investigations are the exclusive jurisdiction of the Public Prosecution in Egypt, which is also an independent judicial body that is not subject to the executive authority, unlike the case in other countries.
This is a part of a series of articles detailing constitutional laws and government efforts across various human rights issues launched by Egypt Today