The undersigned human rights organizations declare their full solidarity with the Lawyers Syndicate\u2019s 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.<\/b><\/p>\n
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.<\/b><\/p>\n
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.<\/b><\/p>\n
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.<\/b><\/p>\n
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\u2013 in Appeal No. 2962\/27 \u2013 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\u2019 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 \u201cwhile 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\u2019 contribution, in accordance to legality and the rule of law.\u201d<\/b><\/p>\n
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.<\/b><\/p>\n
In the face of this series of moves to\u00a0 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.<\/b><\/p>\n
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\u2019s 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\u00a0 possible general strike or plan open sit-ins until the decision to impose fees without a legal basis is revoked.<\/b><\/p>\n
According to the aforementioned ruling, \u201cthe Lawyers Syndicate\u2019s 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\u2019s 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.\u201d The court concluded that such decisions would deviate from the role legally prescribed for the syndicate.<\/b><\/p>\n