Soapbox:

Judges in crisis

By Nasser Amin

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The judges' crisis has taken a turn for the worse. Many wonder if the crisis is one pitting a group of judges against another, or the entire judiciary against the executive. One reason for the current crisis is that Law 46 for 1972 gives the minister of justice extensive powers in running the judiciary. The minister has the right to move judges from one post to another and to discipline them. This kind of power should remain in the hands of the Higher Judiciary Council, as is the case in other countries.

Also, the Egyptian judiciary is one of the few in the world whose budget doesn't appear under a single heading in the state's financial forecast. This too is a sign that the judiciary is not independent. Judges have been trying to change Law 46 for 20 years. So far, the government has ignored them.

Another thing is that the judges often issue rulings on public matters, such as the freedom of press and civil society, etc. More often than not, these rulings are not to the government's liking. Over the past decade, the government avoided enforcing court rulings, especially those it didn't approve of. Judges couldn't tolerate this situation for long.

Furthermore, judges were unhappy with their role in the recent presidential elections. They felt used and aggrieved by widespread electoral fraud. Because of legal irregularities, such as unfair trials of opposition figures, attacks on members of the judiciary also escalated. Wishing to distance themselves from various irregularities, judges decided to take their case to the streets. In brief, Egypt's judges are fighting for their independence. They are also fighting for their honour and public image.

This week's Soapbox speaker is a lawyer and director of the Arab Centre for the Independence of the Judiciary and Legal Profession.