The undersigned human rights organizations declare their full solidarity with the Lawyers Syndicate’s decision to stage a general strike on 7 and 8 July and to boycott all court and prosecution proceedings, in protest against the decision by the Cairo Appeals Court to impose an arbitrary increase in litigation fees.

Rights organizations reiterate that their solidarity comes in defense of the right to access justice for all Egyptians, as guaranteed by articles 97 and 98 of the Constitution and a number of international conventions ratified by Egypt.

The increase in litigation fees does not pose a challenge only for lawyers, but rather imposes an additional obstacle that prevents citizens from resorting to justice and opens the door to income-based discrimination among citizens in exercising this vital right.

The current crisis began on 2 March, when President of the Cairo Appeals Court, Judge Mohamed Nasr Sayed, announced a 10% increase in the fees paid for services provided by the court to lawyers and litigants, raising the fees for 33 services provided by the court.

The move is a continuation of a new trend that seeks to commodify judicial services. The President of the Ismailia Appeals Court issued Decision No. 2 of 2022 imposing fees for automated services, but the Court of Administrative Justice– in Appeal No. 2962/27 – annulled this decision on the grounds that it contradicts the principle of constitutional legality. The Court said that the only permissible way to establish litigants’ contributions to the expenses of justice system administration is through amendments to the law on judicial fees, documentation and notarization, or through enacting a new law imposing such fees. The Court added that this was the path followed by the legislature in enacting Law No. 8 of 1985, amending some provisions of Law No. 96 of 1980, and imposing additional litigation fees. The Court concluded by stating that “while the decision... affects the services provided to citizens in judicial facilities, and the implementation of the requirements of digital transformation, responding to the demands, benefiting from the scientific and technological revolution, and using the latest scientific means in strengthening the court system by enhancing the work of the judicial authorities, this can only be achieved through the intervention of the legislature by increasing the judicial fees to establish the litigants’ contribution, in accordance to legality and the rule of law.”

In the same context, a similar decision was issued by the President of the Mansoura Appeals Court which was similarly annulled by the Court of Administrative Justice in Mansoura in a decision issued on 21 June 2022 in Appeal No. 6955/43.

In the face of this series of moves to  impose litigation fees in an unconstitutional manner under the pretext of automating judicial services, the Lawyers Syndicate expressed its objection and categorical rejection in various ways, starting with negotiations with all concerned parties, followed by protests by the general assemblies of its regional branches, temporarily suspending the payment of court fees, and finally day-long strikes by refusing to appear before appellate courts nationwide. However, these courts responded by striking off cases or adjourning them for judgment without hearing the defense.

On 14 May, the board members of the Lawyers Syndicate and the heads of its regional branches decided to convene an emergency meeting of the syndicate’s general assembly to consider further action. On 18 June, three days before the date set for the emergency meeting, the Court of Administrative Justice issued a ruling (in Case No. 65468 of 79), blocking the meeting, citing the inclusion of an agenda item to vote on a  possible general strike or plan open sit-ins until the decision to impose fees without a legal basis is revoked.

According to the aforementioned ruling, “the Lawyers Syndicate’s board suggested one of two things: either to stage a general strike or a general sit-in at the local branches across the nation, in order to confront the decisions taken by the presidents of the courts of appeal to impose fees for automated judicial services, in an effort to establish a fait accompli by obtaining what the Lawyers Syndicate’s board claims to be a right, without following the constitutional frameworks governing the rule of law, which would result in the disruption of the justice system, undermining and derogating from the right to litigation and violating the rule of law.” The court concluded that such decisions would deviate from the role legally prescribed for the syndicate.

The undersigned human rights organizations believe that the Egyptian Lawyers Syndicate’s role is not limited to regulating the practice of the legal profession, but extends to ensuring the right to adequate defense and providing legal assistance to those who need it. Lawyers – along with the judiciary and the Public Prosecution – play a strong and indispensable role in implementing justice on the ground. Article 25 of the UN Basic Principles on the Role of Lawyers stipulates that professional associations of lawyers shall cooperate with governments to ensure that everyone has effective and equal access to legal services.

The Lawyers Syndicate’s national board and the heads of local branches held an emergency meeting on 25 June following the court decision blocking the convening of the general assembly. The meeting adopted the decision announcing a general strike on 7 and 8 July through a nationwide boycott of all court and prosecution proceedings and suspension of  payment of all court fees on 7 and 8 July.

We reiterate our solidarity with the lawyers’ legitimate demands, including their resistance against the arbitrary  imposition of fees under the pretext of automating judicial services. We emphasize the Lawyers Syndicate’s right to exercise its role through all legal means and all forms of peaceful expression. We warn of the danger of judicial bodies using the powers vested in them to restrict the lawyers’ right to peaceful protest and citizens’ right to litigation.

Signatories 

Egyptian Initiative for Personal Rights 

El Nadeem Center 

Sinai Foundation for Human Rights 

Egyptian Front for Human Rights 

Egyptian Forum for Human Rights 

EgyptWide for Human Rights 

Egyptian Commission for Rights and Freedoms

Center for Egyptian Women’s Legal Aid 

Cairo Institute for Human Rights 

Refugee Platform in Egypt