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Al-Ahram Weekly 29 July - 4 August 1999 Issue No. 440 
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Published in Cairo by AL-AHRAM established in 1875 |
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Al-Ahram Weekly 29 July - 4 August 1999 Issue No. 440
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| Published in Cairo by AL-AHRAM established in 1875 |
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Egypt Region International Economy Opinion Culture Profile Travel Living Sports Time Out Chronicles People Cartoons Letters MPs versus the judge
By Gamal Essam El-Din
Last week's dramatic developments in the trial of four MPs, dubbed by the local press as the "loan deputies," have sent shock waves through the People's Assembly. A large number of MPs, particularly deputies for the Delta governorate of Daqahliya, expressed fury over the chief investigating judge's decision to place Tawfik Abduh Ismail, a former chairman of the Planning and Budget Committee and a former minister of aviation and tourism, into custody for 15 days.
Ismail is a veteran Daqahliya deputy and his parliamentary colleagues from the same governorate lashed out at the judge at a meeting held last week. They have even threatened to hold a sit-in to protest at the decision and rally behind Ismail in "this critical situation." The meeting, which was held by the assembly's Legislative and Constitutional Committee to discuss other matters, was used by the Daqahliya deputies to debate the circumstances of Ismail's jailing.
Hermas Radwan, a Daqahliya deputy, argued that the judge's decision was an infringement on parliament's authority. According to Radwan, Article 99 of the Constitution states that criminal proceedings cannot be brought against MPs unless the assembly's permission has been sought first. Radwan asked why the chief investigating judge had now decided to put Ismail in custody following a four-year long investigation in which the defendants were heavily interrogated by the prosecution and the court.
"What new things have happened to give the judge reason to place Ismail in custody?" demanded Radwan. Radwan proposed that a memorandum be submitted via the assembly's speaker, Fathi Sorour, to Justice Minister Farouk Seif El-Nasr, registering the deputies' protest over Ismail's jailing. Radwan also presented a request to Sorour on behalf of the four loan deputies to let them direct a question to Prime Minister Kamal El-Ganzouri about the mandate of the Administrative Control Authority.
The deputies' anger reached a climax with independent MP Ahmed Taha's threat to organise a sit-in. According to Taha, the jailing of Ismail is "a direct insult to the assembly."
"The judge's decision should be subject to a thorough parliamentary debate, because it is [directed] against the assembly's honour," said Taha.
In an attempt to contain the MP's fury, Mohamed Moussa, chairman of the Legislative and Constitutional Committee, advised caution in debating the judge's decision. "Lashing out at judicial decisions without much thinking and discussion could negatively affect Ismail's position and cause a confrontation between the judicial and legislative authorities," Moussa warned. However, he insisted that "as long as the new charges against Ismail are part of the entire case, the judge is not required to ask the assembly again to drop Ismail's immunity."
The parliamentary storm did not seem to have impressed chief investigating judge Mohsen Sobhi, however. He rejected a request submitted by Ismail, in which he complained that the decision to place him in custody was unconstitutional because the assembly's approval had not been sought first.
A meeting planned by the Legislative Committee on Sunday was cancelled by Sorour for fear of sparking more "revolutionary action" from deputies.
Maintaining his tough stance, Sobhi issued instructions to security forces to arrest Hossam El-Manawi, the executive manager of Nile Bank, who fled last week. El-Manawi's escape follows the flight of businesswoman Aleya El-Ayyouti who, in her capacity as vice-president of Nile Bank, is accused of committing a number of financial irregularities. Sobhi also insisted on interrogating Yassin Aglan, a Beheira governorate businessman and one of the four loan deputies, even though Aglan last week suffered from a heart attack.
Aglan was brought on Sunday by ambulance to the judge's office who decided to form a medical committee to examine his condition. Sobhi decided to release on a LE200,000 bail Fakhri Mekki, a member of the board of the Commercial Bank of Daqahliya.
Meanwhile, the decision by former Prosecutor-General Ragaa El-Arabi to grant a travel permit to El-Ayyouti, even though she was standing trial, continued to generate much debate in parliamentary and legal circles. El-Arabi came under attack from different newspapers which argued that in granting the travel permit to El-Ayyouti, he disregarded the need for the approval of the chief investigating judge and the Criminal Court in charge of the loan deputies case. An opposition newspaper argued that El-Arabi had no qualms about taking tough decisions in press and publication cases but was soft on corrupt individuals such as El-Ayyouti.
Prominent legal consultant Hamed El-Gammal argued that El-Arabi's permit to El-Ayyouti violated the constitution as it was an infringement of the court holding hearings on the case. "El-Arabi knew that he was to retire after a few days. This was sufficient reason for him to have second thoughts before giving El-Ayyouti a travel permit. Besides, it is not clear what were the strong medical reasons upon which El-Ayyouti was granted a travel permit," El-Gammal said.
However, Mohamed Moussa, chairman of Parliament's Legislative Committee, told Al-Ahram Weekly that El-Arabi's travel permit was entirely justified. "I think it was El-Arabi's right, in his capacity as prosecutor general, to give this kind of travel permit, especially as it was granted at a time when the court was not holding sessions on the case," Moussa said.
No'man Gomaa, deputy chairman of the Wafd Party, also contended that in cases requiring many court hearings, as in the loan deputies case, defendants should not be barred from travelling outside the country. "This is what El-Arabi did. Not to mention that the right of travel is a constitutional right," said Gomaa.
El-Arabi, responding to the press attack, said that over the last two years he gave over 20 travel permits to people involved in the loan deputies case. El-Arabi said the prosecutor-general is not obliged to seek the court's approval in such matters as travel permits. "Besides, I did not grant any travel permit while the court was holding hearings on the case. I just exercised my rights, including the granting of travel permits, while the court hearings were adjourned," El-Arabi said.
