Alkarama today condemns a further Egyptian Minister of Justice move to hold a trial inside a prison rather than an official courthouse.The 3 November hearing of 13 women was held in the infamous Damanhour prison, rather than in the misdemeanor appeal court of Sida Jaber as it was scheduled to be held, following the issuance of Minister of Justice decision No. 7587. Alkarama fears that the move is meant to hold the trial in closed session, away from the public, and would therefore prevent the trial from being fair, as required under international norms.
This decision follows two similar decisions, numbered 7506 and 7801, issued in October of this year, condemned by Alkarama. Given the serious nature of the decisions, Alkarama alerted the Special Rapporteur on the Independence of Judges and Lawyers on this practice on 28 October 2013, requesting her intervention to avoid its recurrence. It appears the Egyptian authorities do not see the situation as problematic.
However, this decision contravenes Egypt's obligations under international law, as judges are unlikely to be able to carry out their work with independence and impartiality when requested to conduct a trial away from their courtroom and in premises (i.e. prisons) that are affiliated with the executive, namely the Ministry of Interior. While trials are required, under international law, to be made by an independent and impartial tribunal (see for example article 14 of the International Covenant on Civil and Political Rights), the requirement of independence is not fulfilled if the executive can direct and control the judiciary. Moving judges to premises under the control of the Ministry of Interior may influence the way they carry out their work, and its outcome.
The impartiality of the trial is also called into question: if the trial is being held in a prison, under the control of the Interior Ministry, by a decision of the Executive, the accused were arrested by the police forces (also affiliated to the Interior Ministry) and the charges brought by the Public Prosecutor relied on their records, it is difficult to see how this tribunal can appear impartial to any observer.
