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Law on Egypt political graft a bone of contention
Published in The Egyptian Gazette on 24 - 07 - 2011

CAIRO - Prime Minister Essam Sharaf's plans to activate a 1952 law entitled to prevent former politicians, who allegedly spoiled political life in Egypt under ousted president Hosni Mubarak, from having a role in Egypt are a bone of contention among the nation's political powers, judges and human rights activists.
Some political leanings have slammed such a plan to apply the so-called Graft Law, introduced by late President Gamal Abdel-Nasser to try former politicians under King Farouq, as a "big step back" that tarnishes the image of the January 25 revolution.
Others fully support the law, which is expected to prevent former members of Mubarak's disbanded National Democratic Party from running in the forthcoming legislative elections or even having a public role in the post-Mubarak Egypt.
"I totally reject the Graft Law or any other exceptional laws being applied, whether through ordinary or military courts. The ordinary laws are enough, once the political will is there," said Ayman Nour, a lawyer and founder of Al-Ghad Party.
Nour added that activating the Graft Law was a ‘step in the wrong direction'.
The Graft Law was applied in Egypt by a military tribunal, which tried corrupt politicians, who managed the country from 1939 until 1952 under the monarchy.
According to the nine-article law, a court consisting of three military officers and chaired by a senior judge can try politicians for political crimes.
Zakaria Abdel-Aziz, the former head of the Judges' Club, has also rejected the idea of applying the Graft Law, saying it was created for a certain period.
"A lot of things have changed since 1952. This makes applying this law impossible," Abdel-Aziz argued, urging the Government, instead, to draft a new bill for political trials, proposing that the 1952 Graft Law could be used as a model.
Tharwat Badawi, a professor of constitutional law, said the law could be applied with some amendments to ensure a fair trial for the defendants and to make sure that smuggled funds are restored.
Rights activists, however, have raised their hats, welcoming the application of the Graft Law.
"This law will close a big loophole in ordinary Egyptian law, which does not bring corrupt politicians to justice," said Sayyed Abul Ella, a human rights activist.
He added that former officials in the Mubarak era should not be granted impunity for political crimes. Some political parties have also hailed Sharaf's move to apply the Graft Law.
"This law will help us punish those who have spoiled political life in Egypt. However, the defendants should get a lawyer," said Sameh Ashour, the head of the Nasserist Party.
He denied the application of the law could distort Egypt's image. "Egypt is a country in a revolution. We are looking forward to achieving democracy," said Ashour.
The Muslim Brotherhood, however, said they were examining the idea of applying the Graft Law.
"Initially, we reject this exceptional law, but the whole issue is being examined," said Mahmoud Hussein, the secretary-general of the group.
Under pressures from the protesters in Al Tahrir Square, Premier Sharaf said he has instructed the Minister of Justice to review the Graft Law.


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