Egyptian judges fight for an independent judiciary
Egypt, Politics, 4/28/2006

The latest political battle and public demonstrations and fighting with police regarding the issue of Egyptian judges who want greater independence from the government seems to have gained more attention when the Judges were asked to monitor the last Egyptian elections for certification, and some judges decided to speak of corruption in the process.

The Egyptian Organization For Human Rights said on the 18th of this month that it is expressing "its utmost regret and condemnation of the decree of the Minister of Justice referring judges, Hesham Bastawesy and Mahmoud Meki, the Court of Cassation Judges, to the Competency Council (A special court for judges that looks into their competency to carry on working, it can end services of judges it sees non competent, or referring them to administrative jobs. The council includes 7 members, whom are the President of the Court of Cassation, the two presidents of Cairo and Alexandria Courts of Appeal, eldest 3 judges in the Court of Cassation, beside the Prosecutor General. Two of the members are appointed, which are the President of the Court of Cassation and the Prosecutor General, by a presidential decree), the decision which may lead to putting an end to their services in the judicial corps, describing the decree as a new slaughter of judges of Egypt.

The organization added that information collected shows that "the Minister of Justice issued a decree to refer Hesham Al Bastawesy and Mahmoud Meki the two vice presidents of the Court of Cassation to the Competency Council without a hearing to their sayings and without officially notifying them... The organization found out on a phone call with Hesham Al Bastawesy that he didn't receive an official notification about the decree to the moment, confirming that the referral decree came as a reaction to the judges' revealing of fraud in the latest parliamentary elections, asking for judicial reform and providing safeguards for the independence of the judges. Therefore, the reason behind the decree is to deter judges from talking about the elections breaches and hiding the breaches committed, in order to leave things as they currently are, as he said. "

The organization added that the referral decree to the Competency Council is considered the most strict procedure that might be taken against any judge, considering that referral may end up by quitting the judge from his judicial service or transferring him to a non-judicial job, or refusing the referral demand for objective and legal reasons.

The organization said "what the judges did during the latest elections is only put an expression for their rights in free opinion and expression."

A New York Times report said "Thousands of riot police officers sealed off access to the High Court on Thursday (yesterday), beating and arresting protesters who had turned out to support two judges.. The huge show of force, appearing larger even than what was deployed in the Sinai after four bombings there this week, seemed to signal that President Hosni Mubarak's government had reached a breaking point over shows of dissent." The report quoted Rajia Amran who turned out Thursday to support the judges saying "It is an indicator the system is breaking down" and described their cause as "the last bastion of freedom in this country. They are panicking; they are in the dark and don't know what to do."

The New York Times report said "There are 9,000 judges in Egypt, and an estimated 7,000 have joined forces" to press for more independence in the judiciary adding "Those leading the fight, including some of Egypt's most senior jurists, have been pressing the government since 1991 to ensure that judges are free from government pressure."

Human Rights Watch organization said this week that the police attacked peaceful demonstrators outside the Judges Club in the early hours of Monday morning adding "An eyewitness told Human Rights Watch that a large number of men, apparently plainclothes police, attacked around 40 persons who had been holding a round-the-clock vigil in support of the two judges threatened with dismissal. They beat 15 demonstrators and Judge Mahmud Abd al-Latif Hamza, who came out from the club. The authorities detained 12 demonstrators for 15 days for investigation on charges of destroying public property."

The organization said "The latest escalation in the conflict between the executive and the Judges' Club prompted 50 judges to launch a sit-in protest at the club in central Cairo on April 18. They say they will maintain the protest until April 27, when Makki and al-Bastawisi are scheduled to appear before the disciplinary tribunal."

Human Rights Watch officials had said that "These crude attempts to intimidate judges underscore the urgent need for judicial reform in Egypt." The organization said "The Cairo Judges' Club has complained that the legislative committee working on drafting a new Judicial Authority Law is unaccountable and secretive. The club twice proposed legislation to grant the judicial branch more autonomy from the Ministry of Justice. At present, the Ministry determines the composition of the Supreme Judicial Council, the body that nominates promotes, and assigns judges, by directly appointing eight of the council's 15 seats. The executive also appoints three of the other seven members - the Attorney General, the Minister of State for Justice, and the head of the Court of Cassation. The club's proposed legislation would broaden the number of council members to include four more judges, to be elected by the judges of the courts they represent. Their proposal would also establish an independent budget for the judiciary, and allow members of the Court of Cassation to elect the chief justice, who would also serve as the chair of the Supreme Judicial Council. The proposed legislation designates the Judges' Club as the official body representing Egyptian jurists."

Early this month, the Arab Center for the Independence of the Judiciary and the Legal Profession received with much disturbance and surprise the statement issued by head of courts of appeal in Egypt dated 2 April, 2006.

The organization said it "is seriously disturbed because this statement was issued by Egypt's heads of Appeals courts who are expected to verify their sources and information and refrain from making accusations without irrefutable evidence. The head of Appeals courts' statement appalled ACIJLP because it includes many phrases of name-calling and defamation against thousands of Egypt's judges for having legitimately expressed their opinions through their general assemblies and these opinions related to their profession, guarantees to its independence and their viewpoints on draft laws governing the Judiciary Authority. ACIJLP expresses its disturbance that the mentioned statement issued by the head of Appeals courts describes thousands of Egyptian judges gathered at their extraordinary general assembly on 17 March, 2007, as illegitimate and as having disregarded the law and the Constitution for having called for the independence of the Judiciary in Egypt. Thousands of Egypt's judges were described as acting illegitimately for having exercised their Constitutional right to the freedom of opinion and expression while having observed the principles and ethics of the Judiciary profession."

The organization said it: expresses its disturbance that the mentioned statement issued by a group of heads of courts of Appeal –there are eight such courts in Egypt- included many distorted facts, such as Accusing Egypt's judges of practicing political activities. The statement ignored the explanatory memo issued by the first judiciary power in Egypt 66 of 1943 which stated that "judges, being citizens, may express their opinions on matters related to their country, with the only restriction of practicing political activity, such as forming or joining political parties or expressing their opinion through information derived from an ongoing court case or investigation conducted by the judge." The statement's claim that Egypt's Judiciary is independent, contrary to the opinion of many of Egypt's legal jurisprudents and contrary to the common knowledge among Egypt's judges which they have disclosed in their successive general assemblies. The statement also contradicts with the current political discourse which promises to guarantee the independence of the Judiciary Authority in Egypt. The Egyptian judges described by the statement as "mere judges who appointed themselves as guardians to Egypt's judges" are in fact the members of Egypt's Judges' Club General Assembly. It was actually the statement issued by the eight judges who head Egypt's eight courts of Appeal that tried in many instances to impose these eight judges' guardianship over the unanimous decisions issued by the Judges' Club General Assembly.

The Arab Center for the Independence of the Judiciary and the Legal Profession said "The Egyptian nation has reached a stage where it can not fall under anybody's guardianship, even the guardianship of judges. However, daily incidents on the Egyptian street show that many of the people's sectors support the positions and stances of Egypt's judges demanding for the citizens' right to an independent Judiciary."

Previous Stories:
  Egyptian judges seek independence   (4/27/2006)
  Objections of judges to Egyptian elections   (12/2/2005)
  Egyptian judges may be punished for speaking on election process   (11/28/2005)

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