Meeting with Countries of the Arab League
In margin of the Algiers Symposium of February 2009 a conference took place gathering several countries of the Arab League: Saudi Arabia, Egypt, Kuwait, Qatar, Sudan and Tunisia.
First steps to long term relations
Saudi Arabia was represented by Abdelmadjid Dhic, legal inspector at the ministry for justice. Egypt was represented by Mohamed Manieh, adviser, assistant of the Minister for justice to the courts affairs. Kuwait was represented by Mohamed Adnane, administrator of the relations with the ministry for justice. Qatar was represented by Meriem Youcef Arab, legal expert with the ministry for justice. Sudan was represented by Abdelmoutrak Zoheir, president of the first instance court. Tunisia was represented by Salah Bourgou, prosecuting attorney of human rights at the ministry of justice and human rights.
Mohamed Chérif, president of the Chamber of judicial officers of Algeria, introduced the judicial officer in his country. In his turn, Jacques Isnard presented the organization of which he has been the president for nearly fifteen years.
Kuwait spoke first. The representative of this country explained that the judicial officers work in an office, located apart from the jurisdictions but that they are civil servants. In all his activities of enforcement, the judicial officer is accompanied by a lawyer.
Qatar thanked the UIHJ for the talk which had just been made and declared itself at the same time interested by the judicial officer liberal and very sensitive to the assistance which the UIHJ could bring in the future for the development of its international actions.
In Saudi Arabia, indicated Abdelmadjid Dhic, executions are carried out by private enforcement of by civil servants. There is no difference between the two. It is wrong, he says, to think that in his country civil servants get less help and thus are less effective than the private agents. Currently the execution judge is the one who orders enforcement. Each phase of enforcement is authorized and ordered by the judge. The system is close to that of the preliminary declaration of assets. In the event of nonpayment, the judge orders the execution. A help of the UIHJ is welcome in the implementation of the training of judicial officers and in particular the co-operation of the National school of procedure for the civil servants judicial officers. The representative of Saudi Arabia must submit a report of the conference to his Minister for justice. The UIHJ could intervene in particular on the level of information, with the help of Algeria.
The enforcement system in Sudan is comparable with that of Saudi Arabia. However the judicial officers proceed to auctions entrusted to private companies which intervene on express request of the court. Once the execution is finished, the court delivers a certificate issued by the clerk (statement of end of execution). The experience of the UIHJ interests Sudan which would be favorable to bilateral relations. But, according to the Sudanese representative, the very large size of the country, as well as the -not very stable-social situation, are as many obstacles to the development of regular relations. “It is very difficult to maintain a body of judicial officers in all the territory, because of its size”, regretted Mr. Zoheir. Sudan nevertheless declared very interested by the idea to send a delegation to Paris, at the head office of the UIHJ.
A great conference in Egypt
The Egyptian representative thanked the UIHJ for its presentation. He indicated that the country is always under the influence of the Napoleonic codes, although having been occupied by the English. There is on enforcement department per tribunal, placed under the authority of the judge, who gives his instructions to the enforcement agents, being all civil servants. This system has existed only for one year. Hitherto, execution was entrusted to collaborators of the court. Several systems were tested but citizens still complain about the slowness of justice and the difficulty which they have to make carry out legal decisions. There exists also a problem relating to the service of the cross-border documents. The Egyptian representative indicated to know perfectly the relations existing between the UIHJ and his country which has been a member of the organization for many years. He recalled that a permanent council was organized in Cairo and deplored the absence of relation which followed from there. Today, it is the Minister for the justice who has taken things in hands. The country would wish to turn to a liberal system. The Egyptian representative indicated that he was charged by the minister for justice with asking to the UIHJ to provide him doctrines, jurisprudence and documentation which will be used to write a report for his attention. He confirmed that the government of his country was seriously considering going towards the creation of a liberal profession for which he is convinced that it is the only one being able to solve the problems of execution. He explained why he will be very attentive to the evolution of the relations with the UIHJ and that the country would take care to answer all its invitations. The government also wishes to obtain widened information on the UIHJ and the National school of procedure of Paris. He would like to draft a program which will be presented to the ministry for justice in order to prepare a great congress which will make it possible to collect much more information on the occupation of judicial officers in the basin of the Mediterranean. Egypt intends to organize before the end of the year 2009 this great congress which will gather in particular many Arab countries, on the topic the liberalization of the occupation of judicial officer.