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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. 


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