Jul 4, 2013 | News
The ICJ called on the Egyptian authorities, including the army, to uphold the rule of law and democratic principles and take immediate and effective measures to prevent the deterioration of the human rights situation.
The statement came as the head of the armed forces, General Abdel Fattah El Sisi, announced on 3 July 2013 the suspension of the Constitution and the removal of President Mohamed Morsi.
The General said that Constitutional Court Chief Justice Adly Monsour would head an interim government until new elections were held.
The ICJ is deeply concerned that the decisions that have been taken by the military are beyond the scope of its constitutional authority and violate basic rule of law principles.
If implemented, these decisions will also set a dangerous precedent, wrongly signaling that the conflicts and challenges in Egypt should be met by military force rather than through political engagement and legal processes, the ICJ said.
“All Egyptian authorities should ensure that any political disagreement or conflict is resolved in compliance with rule of law principles and through legally established channels. Under international law, political divergences cannot be invoked to justify the unlawful seizure of the executive power,” said Wilder Tayler, ICJ Secretary General.
The ICJ is also concerned about reports that President Morsi, his advisers and leaders from the Freedom and Justice Party have been arrested.
Journalists have also been arrested and several television stations linked to the Muslim Brotherhood were taken off air following the Military decisions.
“The army and government authorities should ensure the protection of the rights of those detained in the context of the ouster of President Morsi, including the right to liberty and to security of person. Journalists arrested while exercising their professional duties must be released immediately,” Tayler further said.
The transition process in Egypt, under both the Supreme Council of Armed Forces (SCAF) and President Mohamed Morsi has failed to comply with international rule of law and human rights standards, the ICJ said.
The ICJ is also concerned about of the deterioration of the human rights situation in Egypt over the last few days, including cases of unlawful killings and physical violence against protesters, including sexual assaults against women.
“The Egyptian authorities should ensure that these human rights violations are fully investigated with a view to holding the perpetrators to account. They must also guarantee the rights of all peaceful protesters to security and to the freedoms of assembly and expression,” Tayler added.
Contact:
Said Benarbia, ICJ Senior Legal Adviser of the Middle East and North Africa Programme, tel: 41 22 979 38 17, e-mail: said.benarbia(a)icj.org
Nov 13, 2012 | News, Publications, Reports
A new ICJ report shows that the constitutional reform process in Egypt has failed to meet international principles of inclusive participation and transparency, thereby undermining the transition to democracy.
“The Egyptian authorities, including the Constituent Assembly, have failed so far to meet the aspirations of the Egyptian people to adopt a Constitution that establishes the rule of law, recognizes and protects universally accepted human rights without restriction, guarantees the independence of the judiciary in all circumstances, and ensures the effectiveness of democratic institutions,” said Wilder Tayler, ICJ Secretary General.
The ICJ is calling upon the Egyptian authorities to address the challenges currently facing the constitutional reform process, as a matter of urgency; ensure that this process is in full compliance with international standards of inclusive participation and transparency; and guarantee that the new Constitution fully conforms with the rule of law and international law, including human rights standards.
The ICJ report Egypt’s new Constitution: a flawed process; uncertain outcomes details how, in overseeing the process leading to the adoption of a new Constitution, the Supreme Council of Armed Forces (SCAF) failed to ensure the rights of Egyptians to take part in public affairs and to meaningfully participate in the drafting and adoption of a new Constitution.
“Instead of paving the way for a clear and participatory reform process, the SCAF consistently opted for opaque, rushed and non-consensual policies that aimed to shield the armed forces from any form of accountability and that have severely undermined both the legitimacy of the process itself and its outcomes,” Tayler added.
Even though the administration of President Morsi replaced the SCAF on 30 June 2012, the constitution-making process continues to be carried out under the legal framework enacted by the SCAF.
The report also describes how several judicial decisions, in particular the dissolution of the first Constituent Assembly, by a decision from the High Administrative Court, and the dissolution of the People’s Assembly, following a decision by the Supreme Constitutional Court, have contributed to the confusion and uncertainty regarding the drafting of a new constitution.
As a result of this confused process, the draft of the new Constitution, published by the Constituent Assembly on 14 October 2012, has failed to provide for effective guarantees to reinforce the protection of human rights and the supremacy of the rule of law, including by ensuring that the powers of the State are not exercised arbitrarily.
“The draft Constitution does not sufficiently incorporate the rule of law and international law, including human rights standards. This is particularly evident as regards the accountability of the armed forces and their subordination to a legally constituted civilian authority, the content and scope of constitutional human rights, and the compliance of the whole judicial system, including the Office of the Public Prosecutor and the Constitutional Court, with international standards of independence, impartiality and accountability,” said Said Benarbia, ICJ Senior Legal Adviser for the MENA programme.
The report sets out urgent institutional and legal reforms that, together with sufficient political will, may help ensure a clean break with the practices and policies of Mubarak’s regime and the transition to a genuine democracy in Egypt.
Contact:
Saïd Benarbia, Middle East & North Africa Senior Legal Adviser, ICJ, t +41 22 979 3817; e-mail: said.benarbia(at)icj.org
Alice Goodenough, Middle East & North Africa Legal Adviser, ICJ, t +41 22 979 3811; e-mail: alice.goodenough(at)icj.org
Egypt-Flawed constitutional reform process-report-2012
Photo by Reuters
Apr 28, 2011 | News
The ICJ today called upon Egypt’s Supreme Council of the Armed Forces and the transitional government to take immediate, concrete, measures to protect human rights.
These measures should aim to end the practice of torture and arbitrary detention; pursue accountability for serious human violations; ensure that civilians are not prosecuted before military courts; and adopt, in accordance with international standards, legal and policy reforms necessary to establish the Rule of Law and effective democratic institutions in Egypt.
Egypt-establishment of effective democratic institutions-press release-2011 (full text, PDF)
Sep 17, 2010 | Events
The side event, held during the 15th session of the UN Human Rights Council, will look into the human rights situation in Sri Lanka, in the aftermath of May 2009.
The post-conflict phase in Sri Lanka is failing to meet minimal expectations on rule of law, democratic participation, investigation of, and accountability, for human rights violations, and ending impunity; not to mention social rehabilitation and political reconciliation after war. The side event will particularly focus on three issues: alleged war crimes, the fate of surrendered Tamil combatants and the governance on human rights and impunity.
Sri Lanka-rights challenges-event-2010 (full text in English, PDF)
