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A memorandum issued by the Arab Union of Judges on “Recent developments in the Arab judicial domain “

The Arab Union of Judges has followed the latest judicial developments and events in  Arab countries. In this context, the Union is adamant regarding its role in the implementation of its objectives through monitoring and following up these developments and supporting national judicial structures in defense of the independence and dignity of judges.

  1. The Union highly praises the struggle of the Association of Judges of Lebanon in order to maintain the right of judges to assemble and form their own professional structures, which resulted in the full legal recognition of the association as the first professional association officially registered for judges in Lebanon. This association is to be an active player in the Lebanese and Arab legal and judicial domain.

  2. The Union highly praises the position of the Judges Association of Yemen in defending the independence and dignity of judges and their right to protection against repeated and disturbing attacks on Yemeni judges by outlaw militias. The Union expresses its full support to the statement of the Judges Association of Yemen No. 1 of 2019 7/1/2019 and calls on the competent authorities in Yemen to prosecute anyone who tries to prejudice the judges of Yemen, and ensure that Yemeni judges are not subjected to any form of aggression, and in this context the Union appreciates the outcomes that resulted from such stand by the Judges association of Yemen, expressed in full by the statement no. 2 for the year 2019 issued on 16/1/2109, which affirms the significance of Judicial activity in defense of the dignity and independence of judges.

 

  1. The Arab Union highly praises the position of the Union of Tunisian Judges in defending the independence and dignity of Tunisian judges through their successive statements and interventions in various media outlets. In this context, the Union expresses its deep concern at the repeated incidents of intimidation of a group of colleagues and fellow judges in Tunisia by terrorist groups, that the union faced with the utmost aptitude, The Union is proud of the achievements established by the Union of Tunisian Judges in shedding light upon the summons of judges by the Commission of Truth and Dignity, which has violated the most basic legal guarantees and values ​​of the independence and dignity of judges, the union compelled the aforementioned authority to submit a public apology to Tunisian judges, the union calls upon all colleagues in Tunisia to be more united in confronting the challenges and preparing for the next phase of the struggle for a modern legal legislation that regulates the powers of judicial authority in Tunisia and ensures the improvement of safe living standards of Tunisian judges, and guarantees their individual and institutional independence. The union also expressed it’s readiness to provide the necessary support for such efforts, as well as supporting all outcomes of the general meeting of the General Board held on 3 February 2019. Such statement also supported the efforts of the union to denounce any threats against Tunisian judges as a direct result of their judicial activity.

  2. The Union upholds its full support to the efforts of the Mauritanian Judges Association in defending the dignity of the judges, which was expressed in the Union’s statement issued on February 13, 2019, condemning the attack on the judge, colleague Yacoub Ould Chebourzi, Counselor at the Mauritanian Supreme Court and member of the Judges Association. In this instance, the Union demands competent authorities in the Mauritanian state to surrender the officer who assaulted the our colleague Judge Chebourzi to court for trial, pursuant to the rule that there is no immunity or protection for any military officer who commits Public law offenses that are not provided for as military crimes.

  3. The Association highly appreciates the persistence and perseverance of the Association of the Judges of Palestine in defending the independence of the judicial system and the dignity of judges, as expressed in its statement of 10 February 2019 on the systematic campaign to undermine the independence of the judiciary in Palestine, the Union shares the same concern as our colleagues in the Association of the Judges of Palestine regarding the repeated attempts to undermine the independence of the judicial system as a result of decisions undertaken by the judicial system for the implementation of the law, and expresses in this context the union’s full support for the efforts of the Association of Judges of Palestine to achieve the association’s goals in protecting the independence of the Palestinian judicial system.

  4. The Association highly praises the diligent effort in all sectors of the Libyan Association for members of judicial bodies, such efforts include holding the scientific seminar on the issues of judicial immunity held by the Judicial Association in cooperation with the Center for International Humanitarian Law on Saturday, 8.12.2018, the union attests the great importance of such specialized seminars in asserting the immunities of judges and members of judicial bodies and demonstrating the educational role that professional associations can play in safeguarding immunity and guarantees of the judicial system and preventing any violations in this context.

  5. The Association praises the continuous and persistent activity of the Association of the Magistrates of Morocco through the frequent convening of the Association’s Executive Office and its publication of efforts of the Association in convoying the activities of the Supreme Judicial Council and matters relating to the work of the Association. The Union affirms its support for the Association’s position stated in its statement of 8 February 2019 regarding the assault of judges, The Association of Magistrates of Morocco readdressed its previous announcement concerning its invitation to the competent public prosecutors to carry out their duties in the protection of judges, in accordance with article 39 of the Statute for Judges, and the adherence of such concerned authorities to the application of written instructions

& directives issued by the General Prosecutors’ Administration.

  1. The Association highly praises the position of the Forum of Judges of Yemen and affirms its full support to statement of the Forum No. 1 of 2018 regarding the condemnation of the attack on Judge Ali Al-Waal and his wife, Judge Tahani Al-Waleed. The Association also praises the professional activity of the Forum, in particular the organization of a specialized seminar titled “violence against women and the role of the judicial system and the law in fighting against it’ , such seminar took place on 10/1/2019 and affirms the role of the Forum in shedding light upon role of the judiciary and professional associations of judges in providing judicial protection of human rights, especially the human rights of women.

  2. The Union highly praises the position of the Union of Judges of Accounts in Tunisia in implementation of their judicial mission and expresses its great appreciation for the activities of judges of accounts, which in essence constitute distinguished judicial experiences that can be utilized effectively at the level of Arab judicial systems

  3. The Union praises the position of the Tunisian Female Judges Association, especially its training courses for female judges on international humanitarian law, international human rights law and the role of national and international criminal courts in prosecuting serious crimes, including the session held on 26 to 27 December January 2019, in the capital Tunis, emphasizing the distinguished role of professional associations in providing such qualitative training to female judges, thereby contributing to empowering female judges to enhance their capacities in the judicial profession.

11- The Union commemorates the colleagues at the Public Prosecution Association in Palestine for the success of their democratic practice by electing a new board of directors at their fourth conference held on 12/1/2019. The Union affirms it’s personal pride in the role of the Public Prosecution Association in Palestine and its democratic practice & readdresses it’s confidence in the importance of such role . & presents the union’s best wishes to the new administration in the exercise of its duties.

 

  1. The Union reiterates its call to judges in Arab countries that have yet to establish professional structures for judges, to take the necessary steps towards establishment professional bodies for representation of their demands. In this context, the Union reaffirms its continued cooperation with judges in these countries, the union conducted several correspondences in this regard, the most recent of which was the meeting of the Union with the President of the Supreme Judicial Council in the Kingdom of Jordan, and we were pleased in the Union that the Jordanian Supreme Judicial Council has approved the formation of a committee of selected judges from Jordan to establish a statute for the Jordan Judges Association. The Union hopes that the Jordanian Judges Association statute shall be in congruence with international standards that provided for the rights of judges to establish their elected professional associations to defend their best interest.

United towards an independent and effective Arab judiciary

On behalf of the Arab Union of Judges

President of the Union

Dr.. Ahmed Ashkar

Issued on 14/2/2019

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