A/HRC/4/33/Add.1
Page 91
Para
64.
Country
Date
05/05/06
Type
JUA
Mandate
FRDX;
HRD; IJL;
TOR;
Allegations transmitted
Government Response
Members of Egypt’s Judges’ Club and
demonstrators who gathered to support the
assembly of the Judges’ Club, as well as Ahmed
Mekki, Mahmoud Maki, Hisham Bastawissi,
Mahmoud al Khudayri, Nagi Derbala, Ahmad
Saber and Assem Abdel Gabbar, Deputy Heads
of the Court of Cassation. The Minister of the
Justice decided to transfer two Deputy Heads of
the Court of Cassation, Judges Mahmoud Maki
and Hisham Bastawissi, to the Disciplinary
Council. On 19 April 2006, to protest against the
transfer, the Judges' Club launched an ongoing
sit-in at its headquarters in Cairo. On Monday 24
April 2006, hundreds of police arrived in front of
the Judges’ Club where a group of peaceful
protesters gathered in support of the judges' sit-in.
In an attempt to disperse the protest, police tore
down banners listing the Judges' Club's demands
and verbally and physically attacked some of the
the intention of the Government. The
participants in the sit-in were transferred to
camps specially set up for them. They were
provided with all the necessary facilities in
order to start identifying their legal status, with
the full involvement of UNHCR, and to deal
with their cases accordingly. Since then, the
issue has been under investigation by the
Prosecutor General. The Ministry of Justice will
soon issue a medical report concerning the
case. The staff of UNHCR were given the
opportunity to have access to the Sudanese
nationals for the purposes of assessing any
protection needs they may have.
By letter dated 11/07/06, the Government
reported that investigations revealed that
Judge Mahmoud Maki and Judge Hisham
Bastawissi had committed the offence of
defamation, which is a crime under the
Criminal Code, for which the two men were
therefore sent before a disciplinary tribunal in
accordance with article 99 of the Judicial
Authority Act. With regard to the assault on
Justice Mahmud Mohammed Abd al-Latif
Hamzah, the Department of Public
Prosecutions opened an investigation into this
incident, registered as Nile Palace criminal
case No. 5476/2006, in which some protestors
gathered at night in front of the Judges’ Club,
where the above-mentioned judge and his
brother happened to be. The judge was
assaulted during the breakup of the protest.
He was not known to the police and was
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