مجموعة ٣/١٥(١) "مصر. إلغاء الامتيازات في مؤتمر واتفاقية مونترو ١٩٣٧" [ظ‎‎٣‎١‎١] (١٢٢٠/٦٢٧)

34
• * j k„ fkp nrocureur general, whereas the characteristic feature of
uuesTons relating to statut personnel is the application of the national law.
q Under English law this question may indeed come within thejunsdicti®
of the iudicial authorities. This is, however, a peculiarity of English law.
Tinder other legislative systems, it has, on the contrary, a purely administrative
Character except that the judicial authority may intervene in the event of a
disagreement as to the setting at liberty of a lunatic under confinement.
S The“e would be no justification for making an exception to this general rule
in E ffnder the present system, lunatics are confined in public establishments
which are subject to strict supervision by the authorities and to ru es which
render impossible any arbitrary or unduly prolonged detention. If a lunatic is
confinedTa private or public establishment, anyone can ensure the intervention
ami supervision of the Parquet by lodging a complaint on the grounds of illegal
Mention or sequestration, without prejudice to any civil action for damages.
The Egyptian Government proposes, moreover shortly to introduce a system
relating to lunatics which will be based on the following principles:
Lunatics will be confined in public or private establishments which must be
authorised by the State and subject to its supervision.
The confinement of lunatics will be supervised by a Council which will
“Snal Court of Appeal and a mpresentative of the PuUic Sot"? autionl.ea
Ministry of Poblic Health, and an order for his “i "*"'™" 1 " g Sd
until after a period of observation. Such persons will not, in any case, be placed
with convicted or accused persons, nor kept in a prison.
The Supervisory Council will have power at any time to 01 ‘ • P® h
under confinement to be set at liberty if it is of opinion he h asjecove d th
use of his mental faculties or that his condition no longei necessitate
^Penalties will be prescribed in order to ensure the observance of these
provisions.
(b)
Observations by the United Kingdom Delegation. ^
In consequence of the declarations recorded in the m ’ f nu f® s po-yptian
meeting of the Reglement Committee and in view ot the note > . ^
delegation in reply to the British proposal, the I nited Kmgc o plication of
draws its amendment, but expresses the hope that the date ot t bP
the new system relating to lunatics will, as far as possible, come
the beginning of the transition period.
Annex 3.
Exchange of Letters.
(1) Moustapha El Nahas Pasha to Captain Wallace.
. VI nil 1 19^'
Dear Captain Wallace, Egyptian Delegation, *
You will remember that it was suggested that there should be a ^ oU id
Montreux Convention a list of the various treaties and conventions ^ ^ waS
be affected by it, but in spite of our readiness to adopt regarded * 8
abandoned on the ground that the general text of article 1 should & ^ ^
sufficient. The draft list, which the Egyptian delegation ctreu ^ 936 , or
purpose, did not include either the Anglo-Egyptian Treaty ot - n uiig’ed if if
any of the instruments connected with it. I should, therefore, be t - on a re t° ^
would confirm that the Treaty of Alliance and the Montreux Conve