The Egyptian Judges’ Circle - Egypt’s equivalent of a judges’ union - presented a bill to Parliament via left-wing opposition MP Abul’-Ezz Hariri that seeks to amend the current law on the judiciary and guarantee the independence of judges from the executive branch. “A new judiciary law must be passed during the current parliamentary session [ending June] before we consider supervising any future elections”, said a statement released by the Judges’ Circle general assembly in Alexandria. The judges are due to decide whether to refuse supervising the elections if a new law is not enacted. Some are even calling for a strike but others are trying to dissuade them because they prefer to dialogue to a confrontation.

Earlier this year, President Hosni Mubarak asked lawmakers to amend the constitution to allow for the first multi-candidate presidential elections in Egypt’s history to be held in September. Elections to legislative bodies will take place in October or November 2005. “We believe that the independence of the judiciary is linked to the elections because a judge cannot be independent if he has no authority to supervise each and every phase of the electoral process”, said Bastawissi, a judge on the Court of Cassation. “This ranges from supervising the electoral register to announcing the final results, and the process cannot be transparent and properly supervised if it is overseen by the executive authorities and especially by the Ministry of the Interior. Under the current law, the state usurps the powers of the judiciary and places them in the hands of the Interior Minister, and the executive appoints all seven members of the Supreme Council of Judges”.

Justice Minister Mahmoud Abu’l-Leil has said a preparatory committee had been set up examine a new law on the judiciary. The bill proposes that the extensive powers of the Justice Minister be trimmed so that he can no longer interfere in judicial affairs, that court presidents be elected rather than appointed and that the judges’ financial independence be guaranteed. The government has reluctantly accepted the need for reform under growing pressure from its American ally, being heavily dependent on the US for both military and civilian aid.

Note: A reform assuring the independence of judges in Egypt is an essential prerequisite of fair elections. At present the Ministry of the Interior and the permanently ruling National Democratic Party (NDP) assure the reelection of the President and the election of most candidates supported by NDP to legislative and executive bodies. Except for the new Iraq and Lebanon prior to the Syrian occupation, other Arab states have similar undemocratic systems.

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