Some judges are not happy with steps being taken to ensure the complete independence of the country's judiciary, reports Mona El-Nahhas Disagreements between reformist judges who want the complete independence of the Egyptian judiciary and a group of other judges who do not reached a climax at last Friday's emergency general assembly meeting of the Alexandria Judges' Club, attended by some 400 judges. The meeting was being held in order to review the composition of the committee formed by judge Hossam El-Gheriani, chair of the Supreme Judiciary Council (SJC), to amend the current judiciary law. Those arguing against the composition of the committee said that it only contained members from the pro-independence side of the argument and that the judges' clubs, which act as the official representatives of the judges, had been excluded. The committee was formed late last month, just a few weeks after El-Gheriani took up the chairmanship of the SJC, and as one of the advocates of a completely independent judiciary, El-Gheriani had enlisted the assistance of reformist judges in drafting a new judiciary law to guarantee the independence of the country's judiciary, something which many judges had been arguing in favour of for decades. Ahmed Mekki, chair of the committee, expressed his surprise at the stance adopted by some judges' clubs in opposing the committee's composition. "I do not understand their arguments." Mekki said. "The reasons they have cited for opposing the committee are not objective. If reformist judges are not given the task of amending the law, then who should do so?" According to Mekki, all judges' clubs had been invited to make representations regarding the proposed amendments to the law. Addressing last week's general assembly meeting, El-Gheriani promised that the opinions of all would be taken into account when preparing the draft law. "The law will not be endorsed without your approval," he said, adding that the committee did not have any official standing and that its members did not enjoy financial privileges. Replying to those who had argued that there was no hurry to amend the law, El-Gheriani said that after the July 1952 Revolution the Egyptian judiciary had lost its independence. El-Gheriani said that he had experienced this himself, since on one occasion "when I was heading a criminal court affiliated to the Court of Cassation, I was ordered to drop a previous ruling." One former minister of justice had bought the rulings of some judges by writing them cheques, he said. "In this corrupt atmosphere, we are pressing for a completely independent judiciary." El-Gheriani's remarks won applause from a majority of those present at the meeting. However, judge Ezzat Agwa, chair of the Alexandria Judges' Club, argued against El-Gheriani's position. "The judiciary cannot be summed up in one person, regardless of the post he may be holding. We cannot accept the decisions of a single individual," Agwa said. Agwa's remarks caused anger among those present at the meeting, with El-Gheriani attempting to calm the situation. The meeting broke up in disagreement without making any recommendations. Agwa, who failed to move to a vote on boycotting the Mekki committee, told the assembled judges that the issue would be discussed again at another general assembly meeting to be held next week. Agwa said that he intended to sue judge Said Mohamed, who had described the group of judges opposing the Mekki committee as "remnants of the former regime". Judge Ahmed El-Zend, head of the Cairo Judges' Club, also said that he intended to boycott the Mekki committee. Two weeks ago, El-Zend formed his own committee, in competition to that of Mekki, also with the intention of putting forward amendments to the judiciary law. Commenting on the dispute over the amendments to the law, judge Hisham Geneina, former secretary-general of the Cairo Judges' Club, said that the boards of the country's six judges clubs had been trying to divide the country's judges, hindering the passage of a new law. "After years of silence, they are now starting to talk about amending the judiciary law. Why didn't they take such steps in 2008, when they took control of the judges' clubs," Geneina asked. Geneina said that those now controlling the various judges' clubs had had ties with the former regime and were still implementing its agenda. "Since liberating the judiciary from state control would not serve this agenda, they are now doing all they can to impede the passage of the new law," he said, calling upon judges to unite in favour of the SJC. Egypt's judges have been arguing for amendments to the current judiciary law since the early 1980s, saying that this is the only way in which the country can have a truly independent judiciary. However, up until now draft laws establishing a clear separation of powers have been shelved and the judges' demands have gone unheard. With reformist judges now having the upper hand in the wake of the January Revolution, these demands may now be met, with the broad powers exercised by the minister of justice under the present law being potentially drastically reduced. Under the draft law put forward by the Mekki committee, supervision of judges would pass from the Ministry of Justice to the SJC. Moreover, the prosecutor-general would be appointed by the SJC, rather than by presidential decree as is the case now. The heads of the lower courts would also be supervised by the SJC and not the Ministry of Justice, and they would no longer be appointed by the minister. According to Mekki, the committee is scheduled to end its deliberations before the end of August. "After consultation, I hope the new law will be endorsed by the Supreme Council of the Armed Forces before the forthcoming parliamentary elections," he said.
