• 04:09
  • Tuesday ,13 July 2010

Is the testimony in the court based on the religious identity?

Dr. Naguib Gibraeel



Tuesday ,13 July 2010

Is the testimony in the court based on the religious identity?

At a time when we are all searching the real citizenship of and the non-discriminative trends among citizens on the basis of the race, sex, gender, religion or language, and we want the reunification of all Egyptians, under one flag, a year passed or more on the fatal clumsy situation that happened in Shoubra el-Kheima and Heliopolis court house When the family court judge denied the hearing of the testimony of the Christian citizen, who attended with his Muslim friend to decide and to state only the fact of his friend father's death.

  many wrote about in amazment of this devastating act, but it is more than that what happened in She'been Criminal Court on Wednesday, 30/06/2010 In considering the case of the dead of el- Bagour city, Menofya,  Abdo Georgi Younan, when an Islamic extremist beheaded him with a sharp weapon in front of his shop in el-Bagour. 
  the offender did not only did so, but he went to along three other nearby villages to feed on the blood of other preys from among the Christians and was hobbled about when a Muslim microbus driver stopped him completing the series of his crimes. 
The accused represented the incident of beheading Georgi Abdu Younan before the prosecution in the preview action conducted by the Public Prosecution 
  The intelligence made the inquiries and enrolled the statements of the witnesses among the Muslims; it was all to confirm the criminal responsible on his heinous crime. 
But it seems that the court had a different opinion, to send the offender to a psychiatric hospital to enable his lawyer to call aon whether the offender responsible for his actions not, or whether its psychological condition prevents a punishment on him.
  The forensic report has been deposited but we will devote a comment on the pages of this report, commenting on its contents in future. But what happened on the hearing session in the court house of Shebin, Minofya governorate, was something surprising  especially with the consent and the presence of the counsel President advisor of the Court as a requested the offender to discuss one of the members of the medical committee of the court to report on the psychological status of the offender and, which was formed from three members, a Muslim president and two doctors, one is a Christian. 
But the defense lawyer of the perpetrator asked to trial one member of that committee, the doctor, the Coptic Dr. Ra'ouf, it is  unusual as the one applied when discussing the report of the Expert Committee may either ask the President or its members, as it is applied also in accordance with the Code of the Criminal Procedure that it wants to direct a question to the witness or expert is bound to be through the President of the Court who is the only one authorized for this according to the question controls the Criminal Procedure Code, he may refuse to direct questions unless it is in the following cases, for example: - 
1. If the question is useless or not beneficial in the case. 
2. If the question includes words of offensive or obscene. 
3. If the question was contrary to public order or morality. 
If the question is not connected to the subject of the case.
But what happened in the court house of Shebin court, Menofya governorate, was a question to Dr. Ra'ouf, a member of the Committee as follows: 
Q - What is your religion? 
Cornor, Dr. Ra'ouf – 
Why do you ask me about my religion, opposing to that question before the Chancellor President of the Court, but that his excellence Chancellor of the court complied with this question at the insistence of defense lawyer of the offender and the request of Dr. Rauf to answer about his religion and proved that question in the memo of the court session, a great disaster that unprecedented in court houses. -
  Of course, the question of the offender's lawyer suggests something important is to know and announces to the President of the Tribunal's report was prepared by a Coptic doctor, is it permissible to the Court pursuant to take the rule that no jurisdiction of a non-Muslim over a Muslim. 
We wonder if the approval of the President of the Court to ask this question and demonstrated in the memo of the court session, Does that mean Coptic doctor's testimony is revoked, activating what was the lawyer of the offender is targeting, to push the religious identity and religion as items of the building up of the case for trail. 
  Many questions are rolling in my head, and most important is the testimony as to be beased on the religious identity? Perhaps I find an answer from His Excellency, the Chancellor / Mamdouh Marei, Minister of Justice and President of the Supreme Judicial Council, according to the code of Citizenship that is the benefit.   
القاهرة 1/7/2010 
Cairo 07/01/2010 
Dr. Naguib Gibraeel. 
The president of the," Egyptian Union", Organization for Human Rights.