Judges have rejected the state's plan to minimise their role in supervising coming elections. Mona El-Nahhas reports Following the 2005 presidential and parliamentary polls, the state and its judges who were outspoken in exposing cases of rigging at the elections have been at loggerheads. A series of punitive measures have been taken against reformist judges and their independent clubs. Now, the state has moved further, depriving judges of their one big weapon -- supervision over elections as stipulated by the current constitution. The step required an amendment of Article 88 of the constitution, which stipulates full judicial supervision over elections. While 33 other articles are to be amended, judges insist Article 88 was the reason why all the others are being changed. "Marginalising the role of judges in supervising any future polls will make it easier for the state to rig elections and forge the will of the people," said Judge Mahmoud El-Khodeiri, chairman of the Alexandria Judges Club, during a recent symposium organised by the Bar Association. El-Khodeiri called for subjecting elections to international monitoring if the role of judges was minimised. In elections preceding the 2005 poll, judges were limited to manning the main polling stations, leaving thousands of stations subject to the direct control of the security apparatus. Yet, in 2000 the Supreme Constitutional Court ruled that limiting the role of judges to overseeing the main polling stations contradicts Article 88 which stipulates full judicial supervision. "So, they thought it would be better to get rid of Article 88 so that the NDP may further tighten its grip on power," El-Khodeiri said. During the preliminary discussions of Article 88 in parliament, it was agreed that the roles of judges in supervising elections should be limited to manning the main polling stations, which do not exceed 500. Observers believe the entire electoral process -- from sorting voters' lists to announcing election results -- should be overseen by an independent body comprising public figures and retired judges. According to official statements, the amendment of Article 88 aims to preserve the dignity of judges. Last year's elections saw several cases of judges being insulted, and even beaten, while attempting to exercise their duties at polling stations. But some judges disagree with the amendment's goal. "Our dignity was not harmed in the least. Quite the opposite, we won the support of the public due to our stand during the poll," Judge Ahmed Mekki said. The insufficient number of judges was cited by officials as another reason for minimising their supervisory role. However, judges have denied the pretext, suggesting that elections could be held over several stages and that the number of branch polling stations be reduced. This was in fact applied during the 2005 parliamentary elections which for the first time witnessed full judicial supervision though that did not prevent the occurrence of several cases of electoral fraud. During their general assembly at the Cairo Judges Club in November, judges threatened to boycott supervision over any coming polls if the amendment of Article 88 limited their role to overseeing only major elections. However, such measures might not be enough in opposing the state's constitutional amendments. Mekki claims it will not be difficult for the state to persuade 500 out of 13,000 judges to man the main polling stations. "So let's be realistic while seeking a reply," he said. Reformist judge Hesham Bastaweisi agrees with Mekki. "The amendment will allow the government to ask the help of judges who are ready to give legitimacy to rigged elections," said Bastaweisi, who helped reveal dozens of rigging cases. In May, he was referred to a disciplinary court on charges of violating judicial rules by leaking to the press a list of names which included the initials of judges who allegedly took part in forging election results. Although Bastaweisi received a reprimand, the Cassation Court later proved he was wronged, finding evidence of malpractice in dozens of the constituencies mentioned by Bastaweisi. According to Bastaweisi, even if the amendment of Article 88 is endorsed, judges' clubs will continue to monitor elections and expose forgers "before the public and world opinion."
