Rebel judges summoned to appear before tribunal

Two senior judges have been summoned to appear before a disciplinary tribunal for speaking out against perceived electoral violations in last year’s parliamentary elections. “This is a regrettable escalation on the part of the government,” said Hossam Bahgat, programme director at the Cairo-based Egyptian Initiative for Personal Rights. “On the other hand, it will encourage the judges to continue to speak out on the issue of judicial independence.” The two judges, Hesham Bastawisi and Mahmoud Mekki, are both prominent members of the Judges’ Club, which angered the government when some members openly criticised the state’s handling of last year’s parliamentary elections. Over the course of the hotly-contested races, leading club members protested against alleged voting irregularities, which were said to include police blockades of polling stations and the use of plainclothes thugs to threaten voters. Judges told international media outlets that cases of election-rigging and voter intimidation were rife. The club has also drawn up a draft judiciary law aimed at providing the judicial branch with greater independence from the executive. In mid-February, three judges who had played major roles in what became known as the “judges’ rebellion” were stripped of their judicial immunity by the Higher Judiciary Council. Shortly afterwards, they were questioned by the state security prosecutor and charged with “insulting and defaming” the state. Responding to the judge’s rising visibility in the local and foreign media, the Court of Appeal issued a statement on 2 April further accusing them of using their positions to make political statements. “Some judges took advantage of their positions and pretended to be responsible for the fate of…the entire nation,” the statement read. “They say they are seeking the independence of the judiciary, as though the judiciary wasn’t already independent.” And earlier this month, a scheduled meeting between representatives of international rights group Human Rights Watch (HRW) and members of the Judges’ Club was cancelled at the last minute after considerable pressure from the authorities. “The level of government pressure to end our meeting is, in itself, the strongest indication of the lack of judicial independence in Egypt,” HRW Cairo representative Fadi al-Qadi complained at the time. In the meantime, the outcome of the two judges’ appearance before the tribunal, scheduled for 27 April, remains open to question. “Because of the wide coalition of forces supporting the judges, it will only become more difficult for the government to suppress their activism,” said Bahgat. “But whether or not the government will compromise on a draft judiciary law will be seen in the next few days.” On Tuesday, the Judges Club announced its intention to hold a general assembly on the same day as the tribunal, both as a show of solidarity with their colleagues and to discuss their proposed judiciary law.