EGX closed in mixed notes on Sept. 15    Egypt's Sisi, Qatar's Emir condemn Israeli strikes, call for Gaza ceasefire    EHA launches national telemedicine platform with support from Egyptian doctors abroad    Madbouly reviews strategy to localize pharmaceutical industry, ensure drug supply    Al-Mashat tells S&P that Egypt working to reduce external debt, empower private sector    Cairo's real estate market shows resilient growth as economy stabilizes: JLL    Egypt's real estate market faces resale slowdown amid payment pressures    Egypt's Foreign Minister, Pakistani counterpart meet in Doha    Egypt condemns terrorist attack in northwest Pakistan    Emergency summit in Doha as Gaza toll rises, Israel targets Qatar    Egypt renews call for Middle East free of nuclear weapons، ahead of IAEA conference    Egypt's EDA, Korean pharma firms explore investment opportunities    Egypt advances plans to upgrade historic Cairo with Azbakeya, Ataba projects    Egyptian pound ends week lower against US dollar – CBE    Egypt hosts G20 meeting for 1st time outside member states    Lebanese Prime Minister visits Egypt's Grand Egyptian Museum    Egypt to tighten waste rules, cut rice straw fees to curb pollution    Egypt seeks Indian expertise to boost pharmaceutical industry    Egypt prepares unified stance ahead of COP30 in Brazil    Egypt recovers collection of ancient artefacts from Netherlands    Egypt harvests 315,000 cubic metres of rainwater in Sinai as part of flash flood protection measures    Egyptian, Ugandan Presidents open business forum to boost trade    Al-Sisi says any party thinking Egypt will neglect water rights is 'completely mistaken'    Egypt's Sisi warns against unilateral Nile measures, reaffirms Egypt's water security stance    Egypt's Sisi, Uganda's Museveni discuss boosting ties    Egypt, Huawei explore healthcare digital transformation cooperation    Greco-Roman rock-cut tombs unearthed in Egypt's Aswan    Egypt reveals heritage e-training portal    Sisi launches new support initiative for families of war, terrorism victims    Egypt expands e-ticketing to 110 heritage sites, adds self-service kiosks at Saqqara    Palm Hills Squash Open debuts with 48 international stars, $250,000 prize pool    On Sport to broadcast Pan Arab Golf Championship for Juniors and Ladies in Egypt    Golf Festival in Cairo to mark Arab Golf Federation's 50th anniversary    Germany among EU's priciest labour markets – official data    Paris Olympic gold '24 medals hit record value    A minute of silence for Egyptian sports    Russia says it's in sync with US, China, Pakistan on Taliban    It's a bit frustrating to draw at home: Real Madrid keeper after Villarreal game    Shoukry reviews with Guterres Egypt's efforts to achieve SDGs, promote human rights    Sudan says countries must cooperate on vaccines    Johnson & Johnson: Second shot boosts antibodies and protection against COVID-19    Egypt to tax bloggers, YouTubers    Egypt's FM asserts importance of stability in Libya, holding elections as scheduled    We mustn't lose touch: Muller after Bayern win in Bundesliga    Egypt records 36 new deaths from Covid-19, highest since mid June    Egypt sells $3 bln US-dollar dominated eurobonds    Gamal Hanafy's ceramic exhibition at Gezira Arts Centre is a must go    Italian Institute Director Davide Scalmani presents activities of the Cairo Institute for ITALIANA.IT platform    







Thank you for reporting!
This image will be automatically disabled when it gets reported by several people.



The War Against The Egyptian Judiciary
Published in Almasry Alyoum on 05 - 07 - 2009

Fighting the Egyptian judiciary by the government is no longer done under the table. The Egyptian regime has recently started to explode at the fairness and impartiality of the Egyptian judiciary. Now the game is no longer concealed; the cat has been let out of the bag.
 It has become crystal clear that the Egyptian regime fears the judiciary; the ruling authorities are not okay with the independence of the judges.
 What adds more fuel to the fire is that the supreme judiciary council is not within the control of the regime, as the government cannot interfere in appointing any of the council's main seven members, other than that, it only has the right to appoint the attorney general.
Judiciary figures, like chancellors Husam Al-Ghiryani and Ahmad Makki, taking over the court of appeal, and consequently taking over the supreme judiciary council is the regime's worst fear.
 Such categories of judiciary men might be regarded as the government's adversaries, especially for the coming crucial political era, as the government needs to over control all the authorities, especially the judiciary one. However, both the legislative and executive authorities are at the government's fingers' tips.
Indeed, the draft law, passed by the minister of justice on the last day of the previous supreme judiciary council, is a very cunning one, as it entices judiciary sedition and leads to the destruction of the Egyptian judiciary. In addition, the draft law gives the government more control over all judiciary issues.
The reason behind all that is to undermine the state of settlement, which the judges have been enjoying since the last judges' club elections. The story is that, quickly and without notifying the Peoples' Assembly, the Minister of Justice has issued a law entailing increasing the number of the supreme judiciary members from seven to eleven, providing that this shall be issued by the President of the state in a decree as effective as the law.
 To understand the facts of the conspiracy, you have to know, firstly, how the current council is formed.
 The council includes the most senior three judges at the court of cassation; the chairman of the council, the first vice-chairman and the second vice-chairman. In addition to the most senior three judges at the court of appeal for Cairo, Alexandria and Tanta, besides the attorney general.
 This ideal-just forming of the council cannot be manipulated by the government, as the minister has no power there. However, the expected law is to make the appeal heads seven and the court of cassation heads only three.
 Furthermore, since the power is in the hands of the three courts of cassation heads, by virtue of the law, the court of cassation members will be having only an honorary leadership as the role of the chairman of the council will be ineffective as he will be representing the minority inside the council.
What is more dangerous is that this law will allow two judges, deputized by the minister to head the North and South Cairo ; courts of first instance. The two deputized judges shall be directly belonging to the minister, which means that they cannot disagree with him; otherwise, their deputization will be cancelled and consequently, they will be immediately kicked out of the judiciary council. According to this law, the Minister of Justice will have unprecedented control over the Supreme Judiciary Council.
This way, we are waiting for a fire coming out from under the ashes; because if the cassation judges object, this will upset the appeal judges, and if the appeal judges object, this will upset the judges of the courts of first instance. However, no one can put an end to this fire before it flames up except the reliable senior discreet judges.
As for the minister, I do not know how he dare go against the judges by setting up crises to disturb the peace of the council? It seems that constant conflicts and seditions in the council guarantee his being in office more than the opposite does. In fact, the minister is getting the state into troubles for a fishy law, moving the judiciary backwards and giving him more authorities than he should have.
 Consequently, the door will be widely opened for outrage, deputes and dissention within the judiciary departments. The only one who can put an end to this absurdity is President Hosni Mubarak, because, if he takes responsibility of forming the current judiciary council, this can guarantee stability, and then none of the judges will object.
The minister hasn't a sufficient reason for executing that modification that fast.  Plus, it is not wise to associate the law with President Mubarak just because Mubarak is the one who will release a decree approving the law. Strangely enough, in every occasion, President Mubarak keeps repeating no interference in the judiciary issues; however the minister of justice does the opposite. 


Clic here to read the story from its source.