Purging or Targeting the Judiciary?

12 - May - 2013

"We face a new massacre of the judiciary" which confirms that the Muslim Brotherhood (MB) do not remember, from the era of the sixties, but what their president Abdel Nasser did with them and the massacre of the judiciary.
"Purging of the judiciary" is a term that has recently become a theme of fluctuating tides of advocacy and opposition. It is a term that a failed regime was trying to use to distract the people from its sins, mislead the simple people, and accuse the judiciary and the Egyptian judges of being the cause of the disaster that besieges the Egyptians from all sides; politically, economically and socially.

This simply reflects the poor performance of those who are good at nothing but acquisition, hegemony and monopoly without consideration of the diversity which characterizes the Egyptian society! This is also based on no belief in the independence of the judiciary which is the last line to defend and secure justice when thought by the people in the face of a brutal and authoritative tyrant. The judiciary has repeatedly faced Mubarak's regime and its legislations and supported those oppressed, including first and foremost those in power now.

Morsi's first battles were against the judiciary, which was held falsely responsible for a crime which it did not commit. One should differentiate clearly between law, inclination and opinion.

The call for refining the judiciary came to defame it, by targeting the independence of judges and infringing their judgments. This purging is claimed to be the panacea to cure the poison of corrupt judges. The regime went on to extend orders to its blindly led supporters to target and defame Egypt's judges, who are the guardians of justice, on the black Friday April 19th. They, led by their guide, foolishly and rudely called for besieging the personal houses of judges on Sunday, April 21st.

The concept of purging the judiciary.. The standard legacy of authoritarianism:

The term "Purging of the judiciary" originated by French statesmen in the wake of the French Revolution which intended to get rid of their opponents. This purging of the judiciary was followed by setting up courts very similar to the so-called courts of the Inquisition (Judicial Inspection courts), which were the worst stain to smear the widely respected French judicial system. This term disappeared a century ago until it came to show up again in the wake of the Latin American revolutions. It led to the inevitable consequence, which guided courts and verdicts to execute all opponents.

To conclude, the inevitable result of this alleged "purging of the judiciary" is to introduce a defaced, guided and politicized judiciary, more corrupted than the case of the era of purging it; introduce courts of Inquisition devoting their alleged justice to satisfy the regime and its biased ideology based on catchwords; and to nip the opposition in the bud.

The year 2005 and beyond.. when the MB chanted for justice:

The Egyptian judiciary, the beacon of justice in the Middle East and the minaret and platform of justice and law in the Arab World, proved by its rulings that it has always advocated justice, and never heeded to the wishes of the former regime. It is the judiciary, which enabled the opposition to get 30 seats in the parliament and the MB to get 88 seats in 2005's elections. MB's well-known chants were "Hey judges.. Hey judges.. You Are Our Hope After God". Accordingly, the regime ousted the judges away from supervising the elections in 2010, and the revolution was the result.

This is the judiciary under which all detainees from the Islamists got decrees of their release. Lack of implementation of these decrees was due to the executive authority. It is the judiciary which introduced the minimum wage standard. It cancelled the contract of "Madenaty", the luxurious housing complex. It restored the state-owned companies privatized during the Mubarak rule. It is the judiciary which enabled the MB's youth to compete in student union elections.

It is the judiciary, which oversaw all the success of the MB and Islamic currents in the post revolution elections and referenda. This includes amendments in March 2011 through the parliament election in December and January 2011, in which they obtained the majority. It also includes even the presidential election which brought their nominee to the presidency. MB managed to pass their constitution which was rejected by the judges, who mostly refused to be involved in supervising it. At the end of the day, judges set their beliefs aside against their honesty.

These are countless examples including thousands of rulings which built the heritage of the Egyptian glorious judiciary system being targeted now by the MB's regime and its president.

Here the question arises, and I want the readers to answer it. What has changed in the judges, who are the same judges? Or does the change belong to those who hailed them and took shelter of their fort "Judge’s Club "?.. A judiciary which announced them the majority and gave them the rule, and even its top post. It is a judiciary which undertook its job faithfully and professionally. What is new in those who chanted for the judges the day before?

Attempts to subjugate the judiciary in favor of the MB Group:

What I deeply believe in is that when the interests of such group conflicted with the impartial justice of the judiciary, the group's only aim became to get rid of this bulwark and the resort of an entire people. It is the pride and backbone of the nation together with its armed forces.

Purging of the judiciary is a term usually used in accordance with a well-known approach to mean getting rid of the opponent judges, or those who may not possibly be gained as loyalists, together with those really corrupted judges. The aim is to push forward those who accept partisanship and factionalism and accept to be biased to the ideological community and what it ultimately looks for out of this campaign against judges and the impartial and honorable judiciary.

It is to defile those who do not believe in the autonomy of the judiciary, and replace them with those who accept to be loyal in return for their belief in the interests of power and the group. It is meant to push forward those to lead the judiciary and to promote the judges loyal to the existing regime through the process of purging. "This has already happened with the movement known as Judges for Egypt, and actually Judges for the MB".

It is really comic and ironical that they my imagine that judges may accept to lower the retirement age in return for salary increase and equality with the judges of the Constitutional Court. They forgot that Egypt has judges who do not accept to give up their dignity, conscience, independence and probity for whatever reward. They also forgot the Arab proverb "a free woman would rather starve than eat by displaying her breasts".

Outside of logic and law:

In addition, there is no logical relationship between lowering the retirement age and purging of the judiciary. Does it mean that corrupted judges are those over 60 years- old and those below that are not? Does it mean that all those judges over 60 are corrupted? Dear reader, I think now you got it. It is a step meant for revenge, to intimidate, subjugate and politicize the judiciary. It is a right word and wrong implications.

The reform of the judiciary.. is not this way:

The judiciary is by default pure and impartial. However, we do not deny its need for reform. This is through good selection of judges on appointment; properly qualifying and training them; provision of proper resources and practical, scientific, and social environment to let them concentrate and be fully devoted to their great and enormous duties; and holding delinquents to their responsibilities through accountability in accordance with law with severe punishment.

To those who pretend that judges refuse accountability, I just want to mention two points:

First: We are the same judges who filed complaints against Judge Ibrahim Abdel Moez. He was then a member of the Supreme Judicial Council. There is also a ward at Torah Jail called the judges' ward, accommodating those proved to be delinquents.

Second: The authority to hold judges to accountability is the Judicial Inspection Department, which belongs to the executive authority represented by the Ministry of Justice. This refutes their allegation as regards the judicial authority, especially in the light of judges' struggle to turn the responsibility of this department from the executive to the judicial authority.

Perhaps the political stupidity is not a punishable crime by law, but God leaves the oppressors alone in their inordinacy blindly wandering on. MB appointed a prosecutor general who openly declared he was biased to a particular group, and gathered around him persons who made citizens lose their confidence in one of the very basic and typical divisions of the judiciary - which is the public prosecutor's Office. This coincided with declaring the constitutional declaration as void and attempts to launch a new massacre of the judiciary. "This confirms that the MB do not remember from the 1960s, but what president Abdel Nasser did with them and the massacre of the judiciary".

The plan backfired. Their step helped judges join forces. It also awakened energies of struggle in the hearts of judges, not only to defend their judiciary system and independence but also to defend the entire nation. Judges set aside their differences and turned around, to support their judiciary. We thank God for that. This assures us that our battle is the decisive one. It means that either justice dies or gets rid of targeting it, by a regime which aims to have full control over its people, and fears opposition and disobedience.



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