The showdown between judges and the state escalates, writes Mona El-Nahhas For the second successive week, a judges sit-in is continuing at the headquarters of the downtown Cairo Judges Club. During an emergency general assembly held last Thursday at the club, judges insisted their sit-in will continue until Justice Minister Mahmoud Abul- Leil backs down on his decree passed two weeks ago which referred two pro- reform judges to a disciplinary court. Mahmoud Mekki and Hesham Bastawisi, deputies of the chief justice of the Cassation Court, were charged with violating judicial rules by talking to the media about political issues and with harming the image of the judiciary by accusing fellow judges of taking part in rigging last year's parliamentary elections. The two were also accused of leaking to the press a black list including the initials of names of judges suspected of rigging. The first hearing in Mekki and Bastawisi's trial started last Thursday and will resume on 11 May. The judges' general assembly, held on the day the trial began, invited judges to gather at the library of the Cassation Court, the court trying Mekki and Bastawisi, on 11 May to show solidarity with the two judges. On the day of the trial, both judges submitted a request that the court panel trying them and which is headed by judge Fathi Khalifa be replaced by another panel. In their request, the judges argued that Khalifa's post as chairman of the state-appointed Judiciary Council, in addition to his alleged hostility of reformist judges, would impede a fair trial. In a statement issued on Friday, the Arab Centre for the Independence of the Judiciary described the trial as lacking guarantees that would ensure a just and fair ruling. Many expected the trial would lead to the dismissal of the two judges and viewed it as a prelude to the eventual elimination of all protesting judges. "Our case is not important. What is important is... the right of the Egyptian people to have an independent judiciary, democracy and free elections," Mekki said. In a statement issued last week, the New York-based Human Rights Watch called upon the government to halt the proceedings against the two judges. "The government should investigate the fraud that marred the polls instead of intimidating judges who reported it," said the statement. Showing their support, 12 human rights organisations announced this week the formation of a permanent committee that would join hands with judges in their confrontation with the state. The widespread public support enjoyed by judges was evident last Thursday when hundreds of political activists gathered during the early hours of the morning in front of the Supreme Judiciary House to protest against the trial. Protesters were attacked by anti-riot police forces who used batons and tear gas to disperse the crowd and prevent them from entering the Judiciary House which hosts the Cassation Court. Thursday's assembly of the judges was held after negotiations with the justice minister reached deadlock. Judges were asked to offer an apology to the state-appointed Supreme Judiciary Council for their comments about the elections being rigged if they wanted to drop the case against Mekki and Bastawisi. The judges' reply was that they would never change their stance and that the assembly will be held on schedule. Judge Sidik Borham, whose name was written in the black list and who filed the complaint against the two judges, asserted that he would never withdraw his motion. "Nobody has the right to act on my behalf and drop the case against the judges. It's my own reputation and honour which were harmed as a result of such a list being published," he said. On Saturday, another general assembly was held at the State Council Judges Club, during which nearly 1,000 judges out of 1,500 members expressed their complete support for the Judges Club and condemned the disciplinary measures taken against "two honourable judges." Reacting to the numerous accusations levelled at the state in connection with the judiciary file, state officials denied any government role in the trial or in the current judiciary crisis. They hurried to indicate it was an internal dispute among judges. Prime Minister Ahmed Nazif recently said the government had no legal authority to interfere in the internal affairs of the judiciary, expressing his hopes that judges would soon resolve the issue. According to Bastawisi, the state will never stop twisting the facts. "They claim they do not interfere in our business, yet they beat judges and refer others to trial." The most serious incident occurred on 24 April when state security policemen attacked judge Mahmoud Abdel-Latif Hamza, head of the Cairo Northern Court, in front of the Judges Club. Hamza is now hospitalised and, according to a medical report submitted to Qasr Al-Nil prosecution, his treatment will last around three months. The Judiciary Council, which attributes itself the defender of judges interests, did not protest against the attack on Hamza. The most that was done: the justice minister sent him a bouquet. Bastawisi denied the existence of any dissent among judges. "Judges are not divided among themselves. The independence of the judiciary is a demand all judges are fighting for," he said. "It's the state through its Judiciary Council which is attempting to stop our struggle by stirring sedition among judges' ranks," Bastawisi said, adding that their attempts will never succeed as the judges' unity will never be broken. Fearing the current situation may get out of control, senior state officials were reported to have started mediation efforts. People's Assembly Speaker Fathi Sorour this week urged Zakaria Abdel-Aziz, chairman of the Cairo Judges Club, to end the sit-in. Sorour pledged to reach a solution that would meet the consent of the club, the Judiciary Council and the justice minister. Yet, judges insisted they would end the sit-in only after the case against Mekki and Bastawisi was dropped.
