AMENDING THE LAW OF CRIMINAL PROCEDURES AROUSES AN ARGUMENT BETWEEN LAWYERS AND JURISTS DUE TO THE CONTINUATION OF THA EMERGENCY CASE .

Maat Center held a symposium together with ' The Brightness of the new society Association ' to discuss the vision of Mr. Saeed El Deeb , the lawyer and the activist jurist, about some legislative amendments of the Law of Criminal Procedures . The symposium witnessed a wide argument around the suggestions of Mr. Saeed El Deeb , the most important of which is to guarantee the sound procedures during the stage of collecting evidences and the necessity of the existence of witnesses during inspecting the house or scrutiny under the permission of investigation bodies. He also demands not to ask the accused person before men of police stations during the absence of the lawyer to guarantee that the accused person will not admit crimes which he did not commit under the pressure of threatening or torturing , which decreases the opportunity of having a fair trial before investigation bodies ' Public Prosecution' or the Judiciary which might not be able to treat things and might be satisfied with the sayings of the accused person during collecting evidences.

Mr. Saeed El Deeb gives the example of the issue of the actress, Habeeba, who was forced to admit murder which she did not commit and ,as a result, she submitted to trial and spent five years behind the bars because the judiciary did not consider the reasons behind which she was forced to admit what she is innocent of.

Mr. El Deeb said that the task of the judge is nothing but 'papers' through which he decides the issue and no one can force him to consider any thing other than the 'papers' .

Hence appears the need to guarantee the soundness of collecting evidences and of the inspecting operation and scrutiny , by the existence of lawyers and witnesses , and this is a simple step towards a wide amendment of the Law of Criminal Procedures.

A member of the Bar Association Council, Saber Ammar declared his disagreement with El Deeb's vision , pointing out to the fact that the whole Law of Criminal Procedures is in need of comprehensive change without pitching it . He added that the law with its recent shape is penetrated by 41amendments since 1950 , which means that its shape has changed a lot and is no longer suitable for modern considerations.

Ammar assured the impossibility of talking about new other amendments in this law without reconsidering the competences of the Public Prosecution which included the authorities of both accusation and investigation after eliminating the role of the referral counsel and militating the Public Prosecution Body by entering police members in its career. These police members spoiled the Body due to the nature of their bringing up which is based upon obeying and dependence.

Ammar also wonders: How could we talk about sound Law of Criminal Procedures under the umbrella of a suspected Emergency Law? So, the aim from the very beginning is to make a balance between the rights of the society and of the accused person who is supposed to be innocent until proved guilty. Ammar added that we are in a society in which the law is relative and justice is just applied to the weak people while the power of injustice is surpassed in many cases in favor of the leaders of the state , to the extent that legislation is now in need to walk on a railway just as the Egyptian street to guarantee not repeating the false of prosecutors and investigation bodies that were raised upon dominated and unjudicial concepts. So, the problem is in those who apply the law and who are the base of every corruption , an the policemen , the majority of which had left their consciences before the gates of their faculties , hate lawyers , in spite of the fact that both policemen and lawyers are in charge to look for justice, and if exists in Egypt an unfair law and affair judge , the judgment of the judge will be righteous , and justice will prevail. Ammar demands the necessity of informational and judicial coordination so as to change the culture of the Egyptians who used to be afraid of the deviated policemen , calling for stopping the huge increase in the balance of the Ministry of Interior, which expenditure has trespassed, according to what he says , the expenditure of the Ministry of Defence , while this policy produced nothing but more and more of criminals and terrorists who are brought up inside the Egyptian jails and detention camps on the expense of those who paid levies. Mr. Ayman Oqueel , the lawyer and the Manager of Maat Center , commented by saying that we are in need to cancel or freeze the Emergency Law so as to guarantee executing any suggested amendments of the Law of Criminal Procedures and the Law of Penalties and to create a suitable atmosphere for the legal procedures, that would agree with the international treaties which were signed by Egypt and which became part of its inner legislations as well as reference to a lot of judges who refuse the legislative defect which infected some of the laws passed by the majority of the National Democratic Party under the parliament.

Topics

Share !

RECENTLY ADDED

RELATED CONTENT

القائمة
en_USEnglish