مركز ماعت للدراسات الحقوقية والدستورية

Constitutional Amendment or Constitutional Corruption.

Who is Responsible for Judging the High Treason Accusation of the Republic’s President?

   Cairo 05\03\2007.

Current Egyptian constitution stated in article N.85 that (the president's accusation of high treason or of a criminal crime decided according to a suggestion of at least third of the People Assembly's members and the accusation decision do not issued except with the majority of third of the assembly . The republic president stops working immediately after the accusation decision issued, the vise-president takes charge of the presidency provisionally until the accusation is judged. The president's trial shall be before private court. Law decides this court's formation, procedures and punishments. If the president's accusation proved he is released of his position without lessen the other punishments).

According to this article it's supposed that there is a law organizes this trail; explain its formation, procedures of trailing and of punishment.

  Since the Egyptian permanent constitution was issued on 1971 until nowadays there is not a law to organize this.

  Really we are surprised when the formation committee which is responsible for laying down the constitutional amendments amended the second paragraph of article N.85 as: "the republic president stops working immediately after issuing the accusation report, the vise-president or the Prime Minister tacks charge of the presidency provisionally if there is no vise-president according to the second paragraph of article N. 28 until the accusation is judged.

So, who is responsible for judging the accusation!?

Then comes the new formation of article N. 194 concerning Shura Council which imposes that Shura Council should approve the drafts which complete the constitution which are stated in the coming constitutional articles …one of which is article N. 85 of the constitution although the amendment suggested does not mention any law to organize the republic president's trial in case of high treason accusation.

  We suggested before that article N.85 may stay as it is, accompanied by a law to organize the president's trial procedures. We wish that the formation committee may consider these notes in the formation of the amendments.

   The constitution regarded as the principle law of any state, it is above its legal organization, and it has supremacy that any other legal base do not has, this supremacy related to what the constitution contains of organizing the state's high authorities, its specializations, limits, regulations on one side and its relation with the citizens and their rights on the other side. This means that the mistake in a constitutional article is a mistake that the formation committee will not suffer alone but all of us as well.

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