The government appears determined to push through its proposed judicial law against the wishes of judges, reports Mona El-Nahhas The draft judicial law prepared by the Ministry of Justice was discussed by the cabinet yesterday, then referred to an affiliate legislative committee to review the phrasing of some of its articles. It will return during the next meeting of the cabinet. If approved, it will be presented to the Shura Council, followed by the People's Assembly, for endorsement. It has already met with the approval of the Higher Council for Judicial Bodies. As it stands the draft has infuriated judges, who say it could not be further from the goal of guaranteeing judicial independence. They are angry, too, over the way in which they claim the law has been drafted behind their backs. On Tuesday the Cairo Judges' Club sent a letter to President Mubarak asking him to intervene to ensure that judicial independence received appropriate guarantees. A letter was also sent to Prime Minister Ahmed Nazif, asking him to delay any cabinet discussion of the draft until it is put before judges for their approval. "The draft ignores the demands of judges, and systematically departs from the draft law that had been prepared by the Judges' Club the aim of which was to liberate the judiciary from the executive," Hesham Geneina, secretary-general of the Cairo Judges' Club, told Al-Ahram Weekly. A meeting of the board of the Cairo Judges' Club yesterday called for an emergency general assembly to be convened within two weeks. The meeting was still continuing as the Weekly went to press. In addition to setting the date of the general assembly the meeting will debate what measures it should take to protest the draft law. A march to Abdin Palace, a general work stoppage and an open sit-in at the headquarters of the Judges' Club are among the options. Yesterday's board meeting was the second in a week. On Monday the board had agreed that a general assembly be convened on 30 June. "When we set that date we had not expected events to move so quickly," said Geneina. The manner in which the draft law is being foisted on judges shows that the state happy to prolong its confrontation with judges, said board member Ahmed Saber. "And judges, in response, will continue their battle to secure independence." That battle began to be waged in earnest in March 2005, when reformist judges began to press for the endorsement of the draft law prepared by the Judges Club. General assemblies were held, sit-ins staged and other peaceful means employed in attempt to achieve their objective. In return, the government attempted to sow discord among the judges' ranks. Judges' clubs were subjected to increasing pressure and officials began to claim that they had been infiltrated by banned political groups in a coordinated smear campaign. Two of the highest profile reformist judges were referred to a disciplinary court. But public opinion appeared to be firmly on the judges' side. Following demonstrations organised in solidarity with the judges security forces arrested hundreds of activists. "The public, which has been backing the judges since last year, will continue to do so as we campaign to have this law stopped," said Saber. The Justice Ministry's draft took judges unawares after conciliatory noises made by the government. Two weeks ago a delegation from the Justice Ministry met with the five-member club board to discuss articles which were included in the judges' draft. According to Geneina the ministry's delegation approved most of the draft articles. "Yet following a meeting of the cabinet, which was also attended by NDP Secretary-General Safwat El-Sherif, and Policy Committee Chairman Gamal Mubarak, everything seemed to change." On Saturday the five board members were surprised when the ministry delegation read out loud articles completely different from those agreed upon. "When we asked for a copy of the draft they informed us they were not authorised to provide one. We felt we had no choice but to leave the meeting," said Geneina. The ministry's draft included just one of the judges' demands -- budgetary independence from the Ministry of Justice. Under the draft law the Justice Ministry will continue to assess the performance of judges, which means that promotion and demotion will remain in the hands of the executive. The judges had insisted that the ministry's supervisory role be given to the judges' Supreme Judiciary Council (SJC), but only after the SJC itself had been reformed. Currently appointment to the council is at the discretion of the government, whereas the judges had demanded that its members be elected. Yet under the new draft law the composition of the SJC remains. In addition, the prosecutor-general and members of the prosecution remain subject to the supervision of the Justice Ministry. (see p.11)
