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When to hang up the robe
Published in Al-Ahram Weekly on 03 - 05 - 2007

Judges are against extending their age of retirement. Mona El-Nahhas reports from the scene
Amid tight security, nearly 100 judges gathered on Sunday at the downtown headquarters of the Cairo Judges Club to protest against a new amendment of the judiciary law which would extend the age of retirement of judges from 68 to 70. The amendment was approved by the People's Assembly last week despite objections by judges.
Judges viewed the amendment as being tailored to reward senior judicial figures for their loyalty to the state while at the same time banning the younger generation of reformist judges from occupying high-ranking posts. During amendment discussions at the People's Assembly last week, Justice Minister Mamdouh Marei denied the existence of any political motive behind the extension, saying it aims at beginners benefiting from the experience of veteran judges.
In return, reformist judges said benefits would not be accrued as long as judges continued to seize administrative posts. "If it is really a matter of experience, then let them hear thousands of the accumulated lawsuits rather than occupy administrative posts," said Judge Mahmoud Mekki before the beginning of Sunday's general assembly.
Besides extending the retirement age, the amendment opened the door for judges to work abroad but did not define what would be the acceptable number of working years outside Egypt.
Due to the small number of judges who attended Sunday's meeting, the suggestion to organise a protest march to Abdine presidential palace, as was previously proposed by the vast majority of members, was turned down. Instead, the assembled judges commissioned board members of the Judges Club to take measures which they deemed as being suitable responses.
Officials at the club attributed the small attendance at the assembly to the fact that it was held on a working day. Asked if recent statements by the chairmen of judges clubs in Assiut, Minia and Banha in favour of the new amendment may have led to the low attendance, Judge Ahmed Saber, board member of the Cairo Judges Club, told Al-Ahram Weekly that such statements reflect the personal views of the chairmen rather than the opinions of the majority of judges. Saber said the state of frustration prevailing among judges explained the low attendance. "Judges heard that whatever they'll do, the state will not back off and withdraw the bill," he said. conjure
While the general assembly was meeting, the Shura Council gave its final approval to the law.
News of the state's plan to extend the retirement age of judges was leaked earlier this month. Following the reports, judge Zakaria Abdel-Aziz, chairman of the Cairo Judges Club, accompanied by Judge Hisham Geneina, the club's secretary-general, met People's Assembly speaker Fathi Sorour during which Sorour denied any official intention to raise the retirement age, describing such news as nothing but rumours.
On 16 April, President Hosni Mubarak dispatched a senior delegate to meet officials at the club. Board members were informed that the president will not allow the extension of the retirement age of judges if this was against their expressed will. Relieved, the club's board members sent a telegram of thanks to Mubarak.
On 21 April, 11 MPs belonging to the ruling National Democratic Party (NDP) submitted a suggestion to the parliament's legislative committee to raise the retirement age of judges. Angry judges sent a memorandum to Mubarak reminding him of his previous pledges. However, the only reply forthcoming came less than 24 hours later in the form of an approval of the amendment by the People's Assembly.
This week's amendment of the judiciary law was the second in less than a year. In June 2006 the law was amended in a way which, judges claimed, failed to achieve the judiciary independence which judges have been aspiring for. However, the amendment passed last year did not extend the retirement age of judges which a wide majority of judges oppose.
During a heated general assembly in February 2005, 3,706 judges voted against extending the age of retirement against 522.
The endorsement of the amendment of the judiciary law came just one week after parliament approved the new military tribunals law. Establishing a military appeals court, the law was severely criticised by judges and political powers for stripping the civilian judicial system of its powers in favour of military tribunals.
"It seems that blows directed against judges will never stop," said prominent Judge Mahmoud El-Khodeiri during Sunday's meeting.


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