Page images
PDF
EPUB

AND WHEREAs the said convention came into force on October 15, 1937 in accordance with the third paragraph of Article 15 thereof, the Governments of Egypt, Belgium, Italy, Greece, Sweden, Great Britain and Northern Ireland, and Denmark having prior to that date deposited their instruments of ratification at Cairo; AND whDREAs the said convention and protocol have been duly ratified on the part of the United States of America, and the instrument of ratification of the United States of America was deposited at Cairo on the twenty-ninth day of August, one thousand nine hundred and thirty-eight, on which day the convention and protocol came into force in respect of the United States of America, in accordance with the third paragraph of Article 15 of the said convention;" AND WHEREAs at the time of the deposit of the said ratification at Cairo the Government of the United States of America, as provided in Article 9 of the said convention, formally notified the Royal Egyptian Government that it is the intention of the Government of the United States of America to retain American consular courts in Egypt for the purposes of jurisdiction in matters of personal status in all cases in which the law applicable is the national law of the United States of America; Now, THEREFORE, be it known that I, Franklin D. Roosevelt, President of the United States of America, have caused the said convention and protocol to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States of America and the citizens thereof Subject to the notification aforesaid. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. DONE at the city of Washington this nineteenth day of September in the year of our Lord one thousand nine hundred and (SEAL] thirty-eight and of the Independence of the United States of America the one hundred and sixty-third.

FRANKLIN D RoosevelT
By the President:
CoRDELL HULL
Secretary of State.

"In addition to the ratification of the United States of America, instruments of ratification of the convention had been deposited at Cairo as follows: By Egypt, September 4, 1937; by Belgium, September 11, 1937; by Italy, September 25, 1937; by Greece, September 25, 1937; by Sweden, September 28, 1937; by Great Britain and Northern Ireland, October 12, 1937; by Denmark, October 13, 1937; by the Netherlands, January 22, 1938; by New Zealand, March 23, 1938; by Norway, April 13, 1938; by Australia, April 27, 1938; by India, May 19, 1938; by the Union of South Africa, May 19, 1938; and by Spain, June 2, 1938.

[Translation]

ANNEX 7

Regulations of the Judicial Organisation
I. ORGANISATION AND COMPOSITION

ARTICLE 1

The Mixed Court of Appeal at Alexandria and the three Mixed Tribunals of first instance at Cairo, Alexandria, and Mansurah shall be maintained with their existing territorial areas of jurisdiction.

These areas of jurisdiction may be altered by decree after consultation with the Court.

ARTICLE 2

The Court of Appeal shall be composed of 18 judges, 11 of whom shall be foreigners. Should occasion arise, two judges, of whom one must be a foreigner, may be appointed in addition to that number. Vacancies occurring among the foreign judges of the Court of Appeal shall be filled by the promotion of foreign judges of the Tribunals of first instance.

ARTICLE 3

The Tribunals at Cairo, Alexandria and Mansurah shall, on October 15th, 1937, be composed of 61 judges, of whom 40 shall be foreigners.

As vacancies occur among the foreign judges of first instance as a result of retirement, death, resignation or promotion, such judges shall be replaced by Egyptian judges.

Nevertheless, the number of foreign judges in the Tribunals of first instance shall not be less than one-third of the total number of judges of the said Tribunals.

ARTICLE 4

No distinction based on the nationality of judges shall be made either in the matter of the composition of the Chambers or in that of appointments to the various posts in the judicial organisation, including the presidency of Tribunals and Chambers.

The President of the Court of Appeal shall be of foreign nationality, and the Vice-President of Egyptian nationality.

7 See articles 3 and 14 of the convention, ante, pp. 9 and 15.

Should the President of a Tribunal be of Egyptian nationality, the Wice-President shall be of foreign nationality, and vice versa.

ARTICLE 5

The judgments of the Court of Appeal shall be given by five judges. Nevertheless, the law may prescribe that three judges shall compose Chambers to decide matters which are in first instance within the competence of a judge sitting alone. The Assize Court shall consist of five judges, of whom three shall be Judges of the Court of Appeal. The judgments of Tribunals of first instance, both in civil and criminal matters, shall be given by three judges. In commercial matters, the three judges may, in virtue of a law, be assisted by two assessors in a consultative capacity. In interlocutory matters, in civil cases of a summary nature, and for petty offences, judgments shall be given by a judge sitting alone.

ARTICLE 6

Judges shall be appointed by decree.

They shall be irremovable.

The age at which magistrates may be required to retire shall be 65 years for judges of first instance and 70 years for judges of the Court of Appeal.

Judges shall not be transferred from one Tribunal to another, nor shall they be promoted except in conformity with the recommendation of the General Assembly of the Court of Appeal.

ARTICLE 7

The Presidents and Vice-Presidents of the Court of Appeal and of the Tribunals shall be appointed for one year, by decree, on the nomination of the General Assembly of the Court by an absolute majority of votes. In the case of Tribunals of first instance, nominations shall be made from an alphabetical list drawn up by the General Assembly of each Tribunal and comprising three candidates at Alexandria and at Cairo and two candidates at Mansurah.

The Presidents of the Chambers of the Court of Appeal shall be nominated annually by the General Assembly of the Court.

The Presidents of the Chambers of each Tribunal shall be nominated annually by the General Assembly of the Court on the recommendation of the General Assembly of the Tribunal.

ARTICLE 8

The salaries of judges are fixed by law.

ARTICLE 9

Judges are debarred from engaging in business and from occupying any salaried position.

ARTICLE 10

Discipline over judges shall be exercised exclusively by the Court of Appeal. The General Judicial Regulations shall determine the disciplinary measures and the procedure to be followed in this matter.

ARTICLE 11

Proceedings shall be public, except in cases where the court by reasoned decision orders the hearing to be held in camera in the interests of morality or public order.

The accused shall be free to defend himself against the charge.

ARTICLE 12

The judicial languages employed in the Mixed Tribunals for the conduct of cases and for the drafting of official documents and judgments shall be: Arabic, English, French and Italian.

The operative part of judgments shall be pronounced in two of the judicial languages, of which one must be Arabic. After the pronouncement, judgments drawn up in a foreign language shall be translated in their entirety into Arabic and those drawn up in Arabic shall be translated in their entirety into a foreign language.

In the event of divergence between the original text and the translation, the former shall be authentic.

ARTICLE 13

Subject to the exceptions provided for by the Codes, laws or regulations, parties shall be represented at law only by persons authorised to practise as barristers in the Mixed Tribunals. The General Judicial Regulations determine the organisation of the Bar and the conditions for the exercise of discipline over barristers.

ARTICLE 14

The auxiliary staff of the Court of Appeal and of the Tribunals shall include: clerks of the courts, assistant clerks, interpreters, bailiffs and other agents.

The General Judicial Regulations determine the conditions for the exercise of discipline over the above-mentioned staff.

ARTICLE 15

Judgments shall be executed on the order of the court by its bailiffs, with the assistance of the administrative authorities when such assistance is requested.

II. THE PARQUET

ARTICLE 16

The Parquet of the Mixed Tribunals shall exercise the powers specified hereinafter together with those conferred upon it by law. It shall be directed by a Procurator General of foreign nationality.

ARTICLE 17

The Procurator General shall be assisted by a First Advocate General of Egyptian nationality and by a Second Advocate General of foreign nationality.

Should the Procurator General be absent or otherwise prevented from discharging his duties, he shall be replaced in civil matters and for the purposes of administration by the First Advocate General and in criminal matters by the Second Advocate General.

The Procurator General shall, in addition, have under his direction an adequate number of deputies.

ARTICLE 18

The members of the Parquet shall be appointed by decree. They shall be removable and responsible only to their administrative chiefs and, ultimately, to the Minister of Justice.

ARTICLE 19

The “Ministère public,” in the person of the Procurator General, one of the Advocates General or a deputy, may sit in all the Chambers and in all the General Assemblies of the Court and of the Tribunals.

ARTICLE 20

In criminal matters, the parquet shall conduct public prosecutions. It shall control the judicial police in all cases falling within the jurisdiction of the Mixed Tribunals.

Officials recognised by law as being members of the judicial police shall, as such, be under the orders of the parquet.

ARTICLE 21

The Procurator General shall be called upon to give his opinion on the application to any foreigner of the provisions of the Criminal Code and of the “Code d’Instruction criminelle” concerning total or partial remission or commutation of any penalty and the execution of death Sentences. ARTICLE 22

The Procurator General shall supervise prisons and penitentiaries in which foreigners are detained. He shall, in addition, have free

« PreviousContinue »