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Controversy mars results of Judges Club elections
Published in Daily News Egypt on 15 - 02 - 2009

CAIRO: The Judges Club election results will effectively hinder its role as a bulwark for judicial independence and citizen rights, say proponents of the "independence faction of the club.
With 2,421 votes to 2,037 votes, Judge Ahmed El Zand emerged victorious during Friday's elections over Judge Hisham Geneina, his main rival for the club's chairmanship.
The 14-member board will be composed of 10 members from El Zand's list and four from Geneina's list, representing the "Change and "Independence factions of the Club, respectively.
However, proponents of "Independence say there was clear government interference on behalf of El Zand and his supporters, which included tempting judges with promises of material benefits such as higher salaries and tax exemptions on cars. There was also direct supervision of the election process, said Mahmoud Mekky, Deputy Chief Justice of the Egyptian Court of Cassation.
The result, said Mekky, is that the executive authorities will buttress the success of the new board with material benefits in exchange for silencing demands for judicial independence and citizen rights.
"They were given gleaming promises, and judges, like all Egyptian citizens, are undergoing a severe financial crisis that undoubtedly influences their choices, said Mekky.
Financial difficulties were exacerbated by cuts in government support for the club, including a "financial siege, which Mekky believes was not due to a lack of resources, but designed to punish those judges protesting election fraud in 2005.
Previous demands for the amendment of the law to provide for the election rather than the appointment of the Higher Judicial Council, the termination of the emergency law and objections to the anti-terrorism draft law and the trial of regular citizens in military courts will be weakened, he said.
"These demands will all disintegrate to be replaced by the bounties that will befall the judges, but the real crisis will remain, which is that the club will appear to have forsaken [Egyptian] citizens.
Zakareya Abdel Aziz, outgoing chairman of the Judges' Club, said he had hoped to achieve complete judicial independence from the executive authorities, including the Minister of Justice.
But he believes his dream will not materialize.
"This will not happen because otherwise the government will not be able to control the judiciary.
Abdel Aziz added that government interference in the elections was politically and strategically motivated in a move to silence the Judges' Club.
However, Essam Abbas, deputy chief justice of the Egyptian Court of Cassation and one of El Zand's supporters, rejected allegations that the elections were marred by government interference.
"The government can't interfere because no judge will ever accept that, he said, adding that these allegations were being circulated by those who had lost the elections. "The club is not a party or a battle. The judges made their choice and no one forced them to vote.
Abbas also said that judicial independence is and has always been a reality in Egypt, and not just an aspiration.
While Mekky and others like him disagree, they remain optimistic about the future of the judiciary.
"The dream of [judicial] independence and the defense of citizen rights will not be abandoned by people of principle, said Mekky. Though they may not be on the board, these people will continue to work among the ranks of the Judges' Club to spread awareness and take these dreams and demands to the public, he said.
Pointing to the 2,037 judges who, according to Mekky, voted for Geneina despite pressures and temptations to do otherwise, he is confident that "change is near and there will be a next round.


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