Federal Supreme Court: No persons may be arrested except by judicial decision

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[size=52]Federal Supreme Court: No persons may be arrested except by judicial decision[/size]

[size=45]The Federal Supreme Court ruled that a clause that contradicts the independence of the judiciary and public freedoms is unconstitutional, stressing that the arrest of persons is exclusively by a decision of the judges of the federal judiciary.
[size=45]“The Federal Supreme Court held its session on 28/10/2019, presided over by Judge Medhat al-Mahmoud and the presence of all members' judges. A decree of the dissolved Revolutionary Command Council for violating public freedoms and the independence of the judiciary.[/size]
[size=45]Al-Samouk added that “the request included the appeal of the last part of paragraph (2 / c) of item (V) of the Revolutionary Command Council Resolution No. (154) of 2001, which includes a physical and financial penalty for the acts on real estate belonging to the state and municipalities within the limits of The basic designs of the cities without obtaining a fundamentalist approval, and this act is considered an excess of the penalty, which is the obligation of the excess of twice the wage of a single transaction within a period not exceeding (10) days from the date of notification. Only after the full payment of one transaction. ”[/size]
[size=45]Al-Samouk pointed out that “the Federal Supreme Court found that Article (19 / XII / a) of the Constitution has prohibited the detention of persons at all and if that detention is considered a form of arrest, the arrest of persons must be issued by a decision of one of the judges of the federal judiciary As stipulated in articles (47) and (87) of the Constitution, no one else may exercise this power, which is exclusively for judges.[/size]
[size=45]The Spokesman stated that “the court found that the paragraph subject to appeal violates the provisions of the Constitution in the above-mentioned article because it entrusts the heads of administrative units to exercise this power as well as the violation of the provisions of Article (15) of the Constitution, which may not detain the freedom of individuals only on the basis of a decision issued by a judicial authority. Competent for a legally defined period. ”[/size]
[size=45]The Samuk, that “the Federal Supreme Court confirmed this in several judgments issued by the numbers (32 / federal / 2013) on 6/5/2013, and (15 / federal / 2011) on 22/1/2011 and (57 / federal (2017) on 3/8/2017. ”[/size]
[size=45]He added, “The Federal Supreme Court based on the above decision ruled unconstitutional paragraph (2 / c) of item (V) of the dissolved Revolutionary Command Council Resolution No. (154) for the year 2001, and this decision was issued by agreement and binding on all authorities based on the provisions Article (94) of the Constitution and Article (5) of the Federal Supreme Court Law No. (30) of 2005. ”[/size]


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