(Translation)
Comments Made by Attorney Muhamad Mugraby on the News Attributed in Higher Judicial Council
April 26, 2000
Some parts of the media published a report distributed by the National News Agency alleging that the Higher Judicial Council held a meeting yesterday in which the contents of the various press conferences which I had given during the last few months were considered, and took a decision to refer the said contents to the office of the prosecutor general for further action as it degrades the judicial branch of governement.
As the story does not cite a source it is of a dubious nature and I ask the chairman of the Judicial Council, who was named in the story, to affirm or deny the same. In the meantime I wish to draw attention to three basic points:
- The decision of the Higher Judicial Council may not lawfully be referred to the office of the Prosecutor General. The law mandates that all the council's decisions be promptly submitted to the minister of justice (Article 9 of Legislative Decree No. 150 of September 16, 1983). The council has jurisdiction over judges and not lawyers. In all events the council does not constitute the independent judicial power provided for by the constitution. I have been demanding that such independent power be constitued to put an end to the hegemony of the political authority represented by the minister of justice.
- It is certain that my campaign for integrity pleases all those who have integrity as much as it annoys others. It is strange that until today no investigation has taken place into the events that I disclosed.
- The doors of the various procedures of redress against excesses of judges which are provided by law have in practice, and for a long time, been closed. All the grievances and actions for judicial excesses have been systematically thrown out, with the petitioners fined heavily and unjustifiably ordered to pay large monetary damages in order to deter others from doing the same. Thus the only remaining course for grievance is God Almighty. For this reason I have been compelled to address myself directly to public opinion via press conferences, lectures, and newspaper articles in which I campaigned for judicial reform and integrity.
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