Shafaq News/ The Federal Supreme Court ruled an unconstitutional clause contrary to the independence of the judiciary and public freedoms, stressing that the arrest of persons must exclusively be conducted by a decision of the judges of the federal judiciary.

"The Federal Supreme Court held its session on 28/10/2019, presided over by Judge ,Medhat al-Mahmoud and the presence of all members' judges, And considered a request submitted by Judge, Salem Rudhan al-Moussawi, Deputy Prosecutor General before the Court of Misdemeanors Bayaa, to plea the unconstitutionality of a paragraph in a decision of the dissolved Revolutionary Command Council for violating public freedoms and the independence of the judiciary." Iyas Samok, court spokesman said.

Al-Samouk added that "the request included the appeal in the last part of paragraph (2 / c) of item (V) of the Revolution Command Council Resolution No. (154) of 2001, which includes a physical and financial punishment for the acts on real estate belonging to the state and municipalities within the limits of the basic designs of the cities without obtaining a fundamentalist approval, and this act is considered an excess of the penalty, which is the obligation of the excess of twice the wage of the same transaction within a period not exceeding (10) days from the date of notification and in case of non-payment of the amount , it would be reserved by a decision of the head of the administrative unit and not released only after paying the full amount one transaction. "

Samouk pointed out that "the Federal Supreme Court found that article (19 / XII / a) of the Constitution has prohibited the detention of persons at all and if that detention is considered a form of arrest, the arrest of persons must be issued by a decision of one of the judges of the federal judiciary Article (47) and (87) of the Constitution.

The Spokesman stated that "the court found that the paragraph subject to appeal violates the provisions of the Constitution in the above article because it entrusts the heads of administrative units to exercise this power as well as violating the provisions of Article (15) of the Constitution, which may not detain the freedom of individuals only on the basis of a decision issued by a competent judicial authority for a legally defined period. "

Al-Samouk confirmed that "the Federal Supreme Court confirmed this in many 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 above decision ruled unconstitutionality of paragraph (2 / c) of item (V) of the decision of the dissolved Revolutionary Command Council No. (154) for 2001, and this decision was issued by agreement and binding on all authorities based on the provisions Article (94) of the Constitution and Article (5) of the Federal Supreme Court Law No. (30) of 2005. "