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State Council judges banned from speaking to media
Published in Daily News Egypt on 10 - 02 - 2009

CAIRO: Judges and members of the State Council are now banned from speaking to the media without prior permission from Council Chairman Nabil Merham, according to a decision by the State Council's highest administrative council.
"It is the role of a judge to deliver justice, not to comment on judicial decisions, said Moataz Morsy, deputy chairman of the state council, and its only official spokesperson.
Morsy said this decision was designed to safeguard judicial independence and elevate the status of judges, denouncing what he called the media's tendency to "sensationalize judicial issues to "sell copies.
The constant labeling in the media of judges as pro-government or anti-government and commentary on judicial decisions was "an obstruction of justice and compromises judges' ability to fulfill their judicial duties, said Morsy.
He added that this ban was in fact instituted in the early 1990s, but was now being reinforced as a step towards achieving judicial independence.
However, according to Judge Mahmoud Mekky, vice president of Egypt's Supreme Court, speaking to the media can be one way to ensure judicial independence.
Judges should be able to use the media to defend their dignity, reputation and independence against accusations made against them, said Mekky, referring to allegations linking some judges with rigging elections or saying they are controlled by particular political interests.
Mekky himself is not subject to the ban because he is not part of the State Council.
"A judge, as a citizen, has the right to freedom of expression, and this right cannot be appropriated, said Mekky.
At the same time, Mekky emphasized that this right should not be misused to achieve personal gains, but to serve the greater good.
Prior to the 2005 presidential elections, he said, judges had not been accustomed to speaking to the media, explaining that it was only after allegations of corruption and vote rigging began to surface that judges felt the need to publicly defend themselves.
Opposed to a complete ban on speaking to the media, Mekky said judges should decide among themselves, possibly in the Judges' Club, about the appropriate limitations for interaction with the media, rather than have these limitations imposed on them by a higher council.
The effects of the council's decision can already be seen. Chairman of the Judges' Club Yehia Dakroury refused to comment on the ban, referring to Morsy as the official spokesperson.


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