New law does little to liberalise judicial system, say judges and activists

Egypt's judges and human rights activists almost unanimously agree that the Judicial Authority Law, which was passed on Tuesday, does little to advance the cause for an independent legal system in the North African country. Approved by the People’s Assembly on 26 June, the law was introduced after mounting pressure for reform from judges over the past year. However, the judiciary and opposition parties, particularly the Muslim Brotherhood, are disappointed with the outcome. “Unfortunately, the new law doesn’t really change the situation," says Gamal Eid, lawyer with the Arabic Network for Human Rights Information. "As the executive power, the government still has control over the judiciary and keeps it from exercising any meaningful independence.” Hisham al-Genena, the General Secretary of the Judges’ Club, an informal body that has been at the forefront of dialogue with the government for legal reform, says that many of the judges’ demands remain unfulfilled. “We asked that the responsibility for judicial monitoring be moved from the Justice Ministry to the High Council of Judges. This didn’t happen,” he said. Under the new law, the monitor is still appointed by and works for the Ministry of Justice, although his appointment must be approved by the Council. Al-Genena adds that the Judicial Authority Law does not resolve the problem of governmental interference in judicial administrative affairs nor does it address the lack of proper legal status for the Judges’ Club. While he does admit that the law contains some limited improvements, his reaction to it is far more subdued than that of Justice Minister Mahmud Abu Leil, who described it as “a major accomplishment for the independence of the judiciary". Al-Genena doubts that the new law will have a significant effect on how the judiciary functions in Egypt and, in turn, little effect on the country's poor human rights record. “We had hoped that the government would respond to our requests," he says. "These are not personal requests from the judges, but changes that will improve the administration of justice and the defence of citizens’ rights. But this didn’t happen.” BH/AR/AD