Judicial stand-off

Judges have vowed to escalate their campaign for full judicial independence in the face of growing intimidation from the state, writes Mona El-Nahhas

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In what is being viewed as an attempt to intimidate judges and impede judicial reform, the state-appointed Supreme Judiciary Council last week stripped four senior judges of immunity. Mahmoud El-Khodeiri, Hesham Bastaweisi, Mahmoud Mekki and Ahmed Mekki are all deputies of the Court of Cassation and have been leading the struggle for greater judicial independence. The four have been pressing for the endorsement of a draft law prepared in the early 90s that separates the judiciary from the executive authority as represented by the Justice Ministry.

They have repeatedly called for the state-appointed Judiciary Council to be replaced by an elected body, arguing that as things stand the council represents the will of the state and not that of the judges.

The four were also leading critics of the electoral fraud that marred last year's presidential and parliamentary polls and have demanded greater guarantees that elections be free and fair. Following the polls they submitted several complaints to the prosecutor- general, asking him to investigate attacks on judges and allegations of vote rigging. The prosecutor-general's response was to question the complainants.

The four now face charges of harming the image of the judiciary by accusing fellow judges of involvement in vote rigging, and of talking to the media about political issues, something the Judiciary Council claims is a violation of the judiciary law.

For their part the four judges say they are ready for any investigation while arguing that the measures taken against them violate article 96 of the judiciary law.

"Judges are, in the first place, citizens and have the right to talk about the problems facing their country. Indeed, it is their duty. The law does not ban judges from expressing their views it just prevents them from working in the political field to guarantee their neutrality. Working in politics involves joining a political party. It's that simple," said Ahmed Mekki.

"Nor have we condemned anyone," he continued. "We just asked for a fair investigation into suspected rigging. It is the investigation that will determine innocence or guilt".

News of the four being stripped of their immunity made the front page of many newspapers last Thursday, a day before a planned sit-in at the Alexandria Judges Club to publicise judicial reform.

"The aim behind publishing the news without officially informing us was to intimidate judges and foil the Friday gathering," claims Mekki.

Such heavy handed tactics, though, appeared to backfire when judges expressed their determination to turn the sit-in into a success. Hundreds of judges joined the protest.

"Egypt's judges will never change their stand," said Hesham Bastaweisi during the sit-in which began immediately after Friday prayers. "We will not stop asking for reform, democracy, free and just elections, and total independence for the judiciary."

At the sit in judges denounced the questioning of their four colleagues. "What is the charge?" asked one. "Were they responsible for sinking the El-Salam ferry? Did they seize public money? Did they rig elections?"

The judges vowed to escalate their protests in the run-up to the General Assembly of Judges, scheduled for 17 March.

The Alexandria sit-in will be repeated in several governorates, and the judges' campaign "may reach the point of declaring a general work stoppage and suing the Egyptian government before international courts", warned Mahmoud Mekki.

During Friday's one-hour sit-in government attempts to alter the draft law, which is now before the Judiciary Council, were routinely denounced with many claiming that proposed changes to many of the draft articles drain the law of meaning. Sources reveal that changes include placing judges' clubs under the direct supervision of the appointed Judiciary Council, which will also assess the performance of senior judges. Should the judges refuse the amendments then the Justice Ministry has threatened to suspend financial help to judges' clubs, estimated at LE60 million

Muslim Brotherhood MPs have vowed to oppose any change to the judges' original draft law when it is discussed at the People's Assembly while political activists, professional syndicates and reform groups such as Kifaya have declared their support for the judges.