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2007 Assessment

Egypt: Integrity Indicators Scorecard

Egypt: Integrity Scorecard Report > Sub-Category: National Ombudsman
Indicators		Score
52	In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?	100
53	Is the national ombudsman effective?	48
54	Can citizens access the reports of the ombudsman?	50

Indicator and sub-Indicator Details

In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?

52: In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?

Score:

YES

Comments: According to article 119 of law 46/1972 for organizing the judiciary authority, there is a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector that is called the general attorney presiding the general prosecution. Members of the general prosecution are civil servants subordinated to the executive branch (the Ministry of Justice who has the authority to monitor and supervise the general prosecution according to article 125 of the above law) and are entrusted with defending the general interest and general system. The general prosecution is the link between the judiciary and executive branches. Members of the general prosecution, therefore, have a special legal status. They are members of the judiciary, but they are not judges. Although they are part of the executive, they are not administrative employees. By virtue of article 67 of the judiciary authority as amended in law no 35/1984, members of the general prosecution cannot be dismissed.

References: Articles 119 and 125 of law 46/1972 for organizing the judiciary authority.

Is the national ombudsman effective?

53a: In law, the ombudsman is protected from political interference.

Score:

YES

Comments: In spite of his/her judiciary status, the general attorney (ombudsman) is not protected from political interference. As stated in article 119 of law of the judiciary authority no. 46/1972, s/he is appointed by the president of the republic with no participation of the judiciary authority. All members of the general prosecution are also submitted to the minister of Justice (a part of the executive branch), who has the authority to monitor and supervise them.

References: Article 119 of law no. 46/1972 and article 125 of the amended law of the judiciary authority no. 35/ 1984.

53b: In practice, the ombudsman is protected from political interference.

Score:

100

Comments: Violating the principle of the independence of the judiciary in both law and practice is dominant in Egypt. The minister of Justice, who is part of the executive branch, is authorized to monitor and supervise the general prosecution apparatus, including the general attorney and his/her assistant, the general lawyer and all members of general prosecution (article 125 of law of the judiciary authority no. 35/1984). The minister also regulates the prosecution offices' inspection. Although article 67 of law 35/1984 gives members of the general prosecution the judiciary immunity, they still follow the minister of Justice.

References: Law no. 46/ 1972 of the judiciary authority. Law of the judiciary authority no. 35/1984 amending law no. 46/1972.

Peer Review Comments: Executive authority pressures the general prosecutor by promising to appoint him a minister or a governor.

53c: In practice, the head of the ombudsman agency/entity is protected from removal without relevant justification.

Score:

100

Comments: In practice, the general attorney presiding the general prosecution - head of the ombudsman agency/entity like judges, is protected from removal without relevant justification. He is also appointed with a warrant of not being removed (article 67 of law 35/1984 amending law no. 46/1972). However, the general attorney is appointed by the president of the republic, and should therefore be one of the councilors who are known for being loyal to the government, especially the minister of Justice. For decades, there have never been general attorneys who were independent of the presidency or the government.

References: Naser Amin, The Egyptian Judiciary System, Amin publishing co., Cairo, P. 18.

53d: In practice, the ombudsman agency (or agencies) has a professional, full-time staff.

Score:

100

Comments: In practice, the general prosecution (ombudsman agency) has a professional, full-time staff. Members of the general prosecution are entrusted with defending the general welfare and the public system. They have a special legal status. They are part of the judiciary, but they are not judges. They are part of the executive branch, but they are not administrative employees.

References: Naser Amin, The Egyptian Judiciary System, Amin publishing co., Cairo, P. 18.

53e: In practice, agency appointments support the independence of the ombudsman agency (or agencies).

Score:

100

Comments: In practice, appointments of the general prosecution do not support the independence of the agency. The general attorney and the general lawyer are appointed by the president of the republic, and members of the general prosecution are appointed by the minister of Justice. The general prosecution with all its members follow the minister of Justice, who has the authority to monitor and supervise the general prosecution according to article 125 of law no. 46/ 1972. This means that the appointments of the general prosecution do not support its independence.

References: Naser Amin, The Egyptian Judiciary System, Amin publishing co., Cairo, P. 18.

53f: In practice, the ombudsman agency (or agencies) receives regular funding.

Score:

100

Comments: In practice, like all civil servants and state employees, the general prosecution (the ombudsman agency) receives regular funding from the state.

References: The general budget of the state 2006-2007, the official newspaper.

53g: In practice, the ombudsman agency (or agencies) makes publicly available reports.

Score:

100

Comments: In practice, the general prosecution (the ombudsman agency) dose not makes publicly available reports.

References: The Egyptian law of the criminal proceedings, articles 61 and 52.

Peer Review Comments: The general prosecutor issues press statements to clarify some general opinion issues. On the other hand. he has the right to prevent publishing any information about a specific issue.

53h: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The agency is fair in its application of this power. <p>50 Score Criteria: The agency will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The agency, though limited in effectiveness, is still fair in its application of power. <p>0 Score Criteria: The agency rarely investigates on its own or cooperates in other agencies\' investigations, or the agency is partisan in its application of this power.$

Comments: In practice, when necessary, the general prosecution (the ombudsman agency) initiates investigations. Lawmakers bestowed several and varied competences to the general prosecution. It is authorized to take legal proceedings very much like the courts (article 21 of law no. 35/1984 of the judiciary authority). It can also demand a judge to take legal proceedings and issue decisions. It has the authority to ask for protectively putting the accused person in prison.

References: Law no. 35/ 1984 of the judiciary authority

53i: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) imposes penalties on offenders.

Score:

100

Comments: The general prosecution is authorized to take legal action in crimes and offenses according to the rules governing the inquiry judge, except what is specified to the inquiry judge by article 64 of the Criminal Procedure Law. In case of intervening in the proceedings, whether necessarily or possibly, the role of the general prosecution is limited to expressing opinions regarding the demands and defense of the litigants for the purpose of helping the judge better implement the law. According to Protective Imprisonment Law, the inquiry judge (member of the prosecution) is authorized to put people in prison protectively for longer periods (six months), which can be considered an exceptional penalty.

References: Naser Amin, The Egyptian Judiciary System, Amin publishing co., Cairo, P. 18.

53j: In practice, the government acts on the findings of the ombudsman agency (or agencies).

Score:

100

$Scoring Criteria :: 100 Score Criteria: Ombudsman\'s reports are taken seriously, with negative findings drawing prompt corrective action. <p>50 Score Criteria: In most cases, ombudsman\'s reports are acted on, though some exceptions may occur for politicalally sensitive issues, or particularly resistant agencies. <p>0 Score Criteria: Ombudsman reports are often ignored, or given superficial attention. Ombudsman reports do not lead to policy changes.$

Comments: In practice, the government in so many cases acts on the findings of the general prosecution, especially in administrative matters. The general prosecution is authorized to inspect prisons and make reports on the conditions of the prisons, and the ministry of Interior is required to implement all observations and demands of the inspecting members of the general prosecution. It has also the right to inspect officials of th judiciary.

References: Naser Amin, The Egyptian Judiciary System, Amin publishing co., Cairo, P. 18.

53k: In practice, the ombudsman agency (or agencies) acts on citizen complaints within a reasonable time period.

Score:

100

Comments: In practice, the general prosecution acts on citizens' complaints within a reasonable time period. It is the agency authorized to issue arrest, inspection and investigation orders within 24 hours, allowing the lawyers to examine the accusation papers a day before interrogation, and deliver the accusation to the court.

References: Naser Amin, The Egyptian Judiciary System, Amin publishing co., Cairo, P. 18.

Can citizens access the reports of the ombudsman?

54a: In law, citizens can access reports of the ombudsman(s).

Score:

YES

Comments: According to articles 61 and 62 of the criminal procedures law, citizens cannot access reports of the general prosecution. Only in cases in which the accusation is made invalid, reports of the general prosecution can be accessed.

References: The criminal procedure law, articles 61 and 62.

54b: In practice, citizens can access the reports of the ombudsman(s) within a reasonable time period.

Score:

100

Comments: In practice, when the general prosecution makes the decision to convey the accusation to the partial court, it sends all accusation papers to the specified office in the court within two days and notifies litigants to attend in the court in the nearest session in the schedule.

References: The criminal procedure law, article 157.

54c: In practice, citizens can access the reports of the ombudsman(s) at a reasonable cost.

Score:

100

Comments: The general prosecution is required to allow the defense lawyers to see the investigations papers and decisions of the prosecution.

References: The criminal procedure law, article 125.