مشروعية المادة "5" من قانون المفوضية العليا لحقوق الإنسان رقم "53" لسنة 2008 : محل جدل

Abstract EN

It is concluded from our research marked the legality of Article (5) of the Law of the High Commission for Human Rights No.

(53) of 2008, which is in force, that the text of this article is subject to controversy from the point of view of jurisprudence and the judiciary, because of the content and content mentioned in its five paragraphs.

Within the scope of the criminal case and according to it, the aforementioned body shall have the criminal jurisdiction that enables it to carry out these procedures, even if they are preparatory procedures intended to complete its duties assigned to it within the scope of its job when it commits facts that are considered violations and related to the rights of individuals and despite the importance of this authority to limit These violations, however, were not spared from calling into question the extent of their legitimacy due to their conflict with the principle of separation of powers It is a constitutional principle that provides for the independence of the three authorities in the state, the legislative, executive and judicial, and the latter is the holder of the jurisdiction to which penal jurisdiction is held and to conduct criminal procedures for all civil and penal disputes, but the High Commission for Human Rights, under the provision of Article (5) From the law establishing it, the authority is granted the authority to carry out procedures that are considered as a preparatory means for the purpose of verifying the complaint submitted to it to refer it to the Public Prosecution if it is confirmed that the violations contained therein are related to the job for which it was formed.

We do not find in this authority a violation of the principle of legality on the part of the legislator if the goal he seeks is to protect the rights of individuals and to enhance human rights guarantees, in addition to another purpose that is to alleviate the burdens of the judiciary as far as this matter is concerned.