Al-Ahram Weekly   Al-Ahram Weekly
17 - 23 August 2000
Issue No. 495
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In the judges' court

By Omayma Abdel-Latif

Moqbel Shaker

Moqbel Shaker


It does not promise to be an easy task for Egypt's judges, estimated to number between 5,000 and 7,000. The legislation that empowered them to oversee auxiliary, as well as main, polling stations was described by many as a landmark. But the judiciary found themselves caught in an unprecedented situation in which they are expected to be instrumental in safeguarding the integrity of the electoral process.

To ensure that judges will rise to the challenge, the Judges' Club, the equivalent of a professional union, is formulating rules and regulations for election supervision.

Speaking to Al-Ahram Weekly this week, Counsellor Moqbel Shaker, head of the Judges' Club, said that a judicial committee was formed to put forward legal guidelines that would help judges uphold the supremacy of law and safeguard the full and effective exercise of the right to vote. The committee constitutes a task force of senior judges and professors of constitutional law. It is due to convene in a few days.

Many observers believe that, as a result of last month's legislation, the judiciary has emerged as the key player in protecting the fairness and integrity of the electoral process, a vital component of political participation and democracy.

Counsellor Shaker denies that the task awaiting judges has a political hue. "We are not out there to play a political role. We will defend constitutional values and principles and safeguard them against infraction," Shaker emphasised.

However, the judiciary's new dynamic role, expected to take shape during the coming period, has raised questions on whether they will be placed in a confrontation with other branches of government, particularly the executive authority. A case in point is related to the role of the police at election time. Shaker said the judiciary plans to implement the concept of election supervision in its full sense. This, in the view of many, implicitly suggests that the police's role will be minimised and confined, in Shaker's words, to securing polling stations from outside. "They have no place inside the polling stations unless they are summoned at the request of the judge in charge and only in case of violence," Shaker said.

He dismissed the possibility that such a procedure would lead to friction between police and judges since, in the final analysis, "both parties seek to protect the constitutionally-guaranteed rights of all citizens."

It is also expected that the rules and regulations of election supervision will require judges to thoroughly examine the lists and identities of voters and monitor their actual turnout. Judges will also be instructed in vote-counting procedures. The regulations, says Shaker, should prevent vote-rigging attempts.

Perhaps one of the committee's most important tasks, Shaker said, is to assess the policies and strategies used in past elections, as well as any problems that may have occurred. By so doing, the judges will get acquainted with past blunders and their reasons, and thus guard against similar mistakes, he said.


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