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Hapless judiciary

IF AL-HALLAJ were alive and looked into our procedural code, he would have repeated his popular saying, “He threw him into the sea helplessly and said ... don’t get wet with water.” This time around, the issue is about sadness concerning the shackle from which the judicial authority is suffering due to law number 17/1960 that slows down judicial procedures.  It is impossible to detach it without an amendment and review of almost 250 articles, which are nearly preventing judges from playing their role.  The reason is that these articles have laid down landmines which defense counsels could plant to prolong trials until when? ... only God knows.


Lately, several cases relating to State security, which affect notable personalities or national symbols, were filed.  Many of these cases have been delayed for years or months due to judicial restrictions which favor defendants.  Restrictions have enabled lawbreakers to perpetrate the act continually, making people believe that their fabricated stories are the truth; thereby, scaring the authorities to the extent of dragging feet to hold them accountable for their actions.


These people have perfected their malicious acts against political foes and the judiciary that continues to repel activities of the foolhardy with transparency and fairness.  The judiciary is actually suffering from despotism, so the law should be amended to match the latest developments in the world.  This is extremely necessary to avoid converting the law into a window of opportunity for the wind of crime to continue blowing.
In all countries across the world, people regard issues relating to State security or public security pitted against the society as delicate, worrisome and lead to crises.  These are issues which should not be delayed, so the verdict must be announced quickly.  Kuwait is an exception, because the judiciary is hapless; such that it cannot fulfill its obligations.


We will not tell you to see how quick the procedural code is in Egypt, especially when it has to do with internal security.  We only want to ask: What benefit we will get in case the judiciary is overwhelmed by litigation, particularly those related to lawbreakers and their followers?  Their activities have been threatening the fate of the entire country.  Does this not amount to frustrating the judiciary when the State could not play its role in challenging the group?


This is not a call for enforcing a policing state or interfering in the affairs of the judiciary over which nobody has control.  It is a call to enable the judiciary to fulfill its obligation with expected transparency, justice and fairness, while issuing verdicts promptly. It is a call for amending the 54-year-old Constitution. People who strive hard to destroy the image of our institutions are in our midst.  They have taken their destructive ideas to the third authority whereby suspicious corrupt people and thieves continue to push hard in that line.  Will you abandon the judiciary in the sea helplessly and tell it not to get wet?
Email: ahmed@aljarallah.com

By Ahmed Al-Jarallah
Editor-in-Chief, the Arab Times



 


By: Ahmed Al-Jarallah

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