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No for Al Kharabawi's Disciplinary Action
by malek | اثنين, 26/05/2008 - 15:22
No for Al Kharabawi's Disciplinary Action
Hisham Mubarak Law Center
No for Violating Syndicate Liberties Within Bar Association
Sarwat al Kharabawi, a lawyer whose name has frequently appeared on the pages of different newspapers such as Rosa-al-Youssef, AL Dostour, and Nahdat Misr, has been directly targeted by the Bar Association's council for his essays criticizing the council's performance. In his articles, which have begun several years ago, he expresses his opinions on public issues as well as the Bar Association's current affairs and its council. On April 2008, Al Kharabawi along with other lawyers from Liberties Committee filed a lawsuit claiming for suspending the association's general assembly from being held to comply with a court ruling issued earlier. In this ruling the court handed down the current council null and void. Against this background, Al Kharabawi was summoned to appear before the Bar Association's disciplinary panel. To intrigue him, the Bar Association sent him a letter a day after the supposed disciplinary session's date. This came after a complaint filed by a group of lawyers accusing him of writing essays that insult some high profile figures in the Bar Association such as Sameh Ashour, the chairman, and Mohammad Toson. They went further and described his essays as an offense that classified under the law of defamation and claimed for putting him under disciplinary measures. Defending himself, Al Kharabawi said that the letter was sent 24 hours after the date fixed in the letter, which happened to be the day determined for hearing the case Al Kharabawi filed for suspending the decisions taken by an invalid council. According to Al Kharabawi, the disciplinary council filed a complaint to the Prosecutor-General who referred it to the chief prosecutor of Cairo Appeal Court who, in turn, referred it on 13 May 2008 to the chief judge of Cairo appeal court in his capacity as chief of the Bar Association's disciplinary council.
In this context, the Hisham Mubarak Law Center deeply expresses solidarity with Al Kharabawi and also denounces the measures taken against him. Furthermore, HMLC would like to highlight the defects marred these measures: 1) the validity of any investigation within the Bar Association requires that the investigator has to be one of the council members. But so long as the council has been decided null and void by the court, all council members have lost their credibility to play their roles. 2) if the complaint is related to criticizing council members, in this case how could a council member be an opponent and judge at the same time. 3) despite of what he wrote or said in interviews, we have to admit that Al Kharabawi was practicing his right to freedom of opinion and expression on one hand, and carrying out his duty towards the syndicate he belongs to. The freedom of association itself not only requires the role Al Kharabawi played, but also requires protecting all opinions even those controversial.
Hisham Mubarak Law Center
No for Violating Syndicate Liberties Within Bar Association
Sarwat al Kharabawi, a lawyer whose name has frequently appeared on the pages of different newspapers such as Rosa-al-Youssef, AL Dostour, and Nahdat Misr, has been directly targeted by the Bar Association's council for his essays criticizing the council's performance. In his articles, which have begun several years ago, he expresses his opinions on public issues as well as the Bar Association's current affairs and its council. On April 2008, Al Kharabawi along with other lawyers from Liberties Committee filed a lawsuit claiming for suspending the association's general assembly from being held to comply with a court ruling issued earlier. In this ruling the court handed down the current council null and void. Against this background, Al Kharabawi was summoned to appear before the Bar Association's disciplinary panel. To intrigue him, the Bar Association sent him a letter a day after the supposed disciplinary session's date. This came after a complaint filed by a group of lawyers accusing him of writing essays that insult some high profile figures in the Bar Association such as Sameh Ashour, the chairman, and Mohammad Toson. They went further and described his essays as an offense that classified under the law of defamation and claimed for putting him under disciplinary measures. Defending himself, Al Kharabawi said that the letter was sent 24 hours after the date fixed in the letter, which happened to be the day determined for hearing the case Al Kharabawi filed for suspending the decisions taken by an invalid council. According to Al Kharabawi, the disciplinary council filed a complaint to the Prosecutor-General who referred it to the chief prosecutor of Cairo Appeal Court who, in turn, referred it on 13 May 2008 to the chief judge of Cairo appeal court in his capacity as chief of the Bar Association's disciplinary council.
In this context, the Hisham Mubarak Law Center deeply expresses solidarity with Al Kharabawi and also denounces the measures taken against him. Furthermore, HMLC would like to highlight the defects marred these measures: 1) the validity of any investigation within the Bar Association requires that the investigator has to be one of the council members. But so long as the council has been decided null and void by the court, all council members have lost their credibility to play their roles. 2) if the complaint is related to criticizing council members, in this case how could a council member be an opponent and judge at the same time. 3) despite of what he wrote or said in interviews, we have to admit that Al Kharabawi was practicing his right to freedom of opinion and expression on one hand, and carrying out his duty towards the syndicate he belongs to. The freedom of association itself not only requires the role Al Kharabawi played, but also requires protecting all opinions even those controversial.
