Federal Supreme Court: No individual shall be detained except by judicial decision

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 individuals is exclusively by a decision of the judges of the federal judiciary authority.


The spokesman of the Federal Supreme Court Iyas al-Samouk stated that "the Federal Supreme Court held its session on 28/10/2019 headed by the Judge Medhat al-Mahmoud and the presence of all members' judges, and considered a request submitted by judge Salim Rudhan Al-Musawey the deputy prosecutor before Al-Bayaa misdemeanors' court, to challenge the constitutionality of paragraph in the decision of the dissolved Revolutionary Command Council for violating public freedoms and the independence of the judiciary."


Al-Samouk added, "the request included a challenge against the last part of paragraph (2/jim) of clause (5th) of the dissolved Revolutionary Command Council decision No.(154) of 2001, which includes a corporal and financial penalty against the acts on real estate belonging to the state and municipalities within the limits of the basic designs of the cities without obtaining the legal approval, and it considered that act as exceeding opposite by penalty which is obligating the exceeding twice the amount on one transection within a period of time not exceeding (10) days from the date of notification, in case of not-paying the amount he shall be detained under a decision of the head of the administrative unit and not to be released except after paying the full amount in one transaction"


Al-Samouk pointed out that "the Federal Supreme Court found that article (19/12th/a) of the Constitution has prohibited the detention of individuals at all, and if that detention is considered as a form of arrest, the arrest of individuals must be issued by a decision of one of the judges of the federal judiciary authority stipulated in article (47) and (87) of the Constitution, and no one else is authorized to practice this jurisdiction which was stipulated exclusively for the judges".

 The Spokesman stated that "the court found that the paragraph subject to challenge violates the provisions of the Constitution in the above article because it authorized the heads of administrative units to exercise this power as well as violating the provisions of Article (15) of the Constitution, which prohibited the restrict of the freedom of individuals except on a decision issued by competent judicial authority and for a legally defined period."


Al-Samouk confirmed 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."


He added that "the Federal Supreme Court based on the the aforementioned ruled the unconstitutionality of paragraph (2/jim) of clause (5th) of the dissolved Revolutionary Command Council decision No. (154) for 2001, the decision has been issued final, unanimously, and binding to all authorities according to article (94) of the constitution and article (5) of the F.S.C. Law No.(30) for 2005".