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*Photos from AP, Wa7damasrya, Manalaa.
Pictured top: Kamal Khalil (2005) and Essam al-Eryan (1995).
Commentary on Egyptian Politics and Culture by an Egyptian Citizen with a Room of Her Own
Once again, uniformed and plainclothed police agents used much violence against peaceful demonstrators expressing their solidarity with judges and with Ayman Nour, whose appeal was rejected today by a circuit of the Court of Cassation, to the shock and dismay of many, though I’d like to reserve judgment until I read the actual court ruling. In a laughable statement issued early this week, the Interior Ministry had attempted to portray its violence against citizens as perfectly legal. Several hundred demonstrators from the Ikhwan and Kifaya were arrested yesterday, adding to the earlier waves of arrests over the past month, all of them peaceful people expressing their solidarity with judges. (Reuters Photo).
Perhaps it’s worth pausing here and reflecting on one year of consistent and highly unusual public visibility for judges since the April 2005 general assembly of the Alexandria Judges Club. Judges’ quiet, ceaseless, years-long struggle for autonomy and full electoral supervision has now become a national and even international obsession, carrying in its wake intense attention and potentially negative repercussions that I flagged back in December. Judges never set out to be heroes, saviours, rebels or any of the other ridiculous adjectives coined for them by international observers for whom it's suddenly fashionable to praise Egyptian judges.
When judges repeatedly say that they only want their independence, this is not some coy demurral or false modesty, but a reasoned recognition of the risks of public adulation. On the one hand, judges thrive on and appreciate the extraordinarily intense public support for their goals. On the other, there are real concerns about the harmful professional effects of the growing bonds between judges and public. Judges not only do not seek but actually frown upon any form of public approbation of their rulings or persons, rightly fearing any dilution of their impartiality. This strange predicament is made all the more acute by the vexing issue of electoral supervision. Let’s remember that the reason we’re seeing judges at the centre of politics today is because of their constitutionally-stipulated role of electoral oversight.
Every time an election rolls around, judges find themselves wrested from their courtrooms and entrusted with ensuring the integrity of elections in a country with a rich history of electoral fraud. A young judge gives voice to the dilemma: “As a judge, of course I don’t want to be involved in elections, it’s not my purview. But as a citizen, I know that the judiciary is the only institution capable of standing up to the police and making sure elections are clean.”
Why and how judges came to be election trustees in the first place is a story for another day. But now they have made it their mission to fully supervise each and every election that takes place in the country. This is bound to put them on a collision course with a regime not content to manipulate simply parliamentary and now presidential elections, but has its grubby paws in every other internal electoral exercise of any social institution, from sports clubs to labour unions to professional associations to student unions to whatever is left of public sector companies.
Under these conditions of a repressive regime unable to extinguish the fact of elections yet still able to fix them, it makes sense that a tacit alliance develops between citizen voters and the judges entrusted with monitoring the polls. Just as citizens have been manifesting their solidarity with judges, so is the leadership of the Judges Club now deliberating on working to release all those detained by the police over the past month for their support of Mekky and Bastawisy. But there is a different between a strategic alliance for a focused goal, and an easy but harmful deification of judges.Expecting judges to be the heroes and saviours of Egypt is expecting far too much. It is true that the country is desperately in need of inspiring leaders and symbols. It is true that judges cut intriguing and honourable figures. And it is true that judges have always been held in high esteem and even awe by almost all sectors of Egyptian society. But these are no reasons to have judges replace elected officials as national leaders. In my opinion, effectively supporting judges means backing their demand for a new judiciary law, and backing their mission to meaningfully supervise elections so that we can get the clean and capable leaders we deserve. And then so we can throw them out when they don’t deliver. (17 March, 2006).
It goes without saying that this is a protracted battle that has been ongoing for decades and will continue for several more. But the battle is not forwarded by treating judges as infallible Olympian beings who will rid the country of all that ails it. It does no good to sensationalise their plight and trip over ourselves coining terms such as “rebel judges” and a “judicial intifada” and all the other breathless assertions. As a citizen, I instinctively love the now-famous slogan “Judges, judges, deliver us from the tyrants!” that is a staple at every solidarity demonstration. But as a professional and an analyst, I cannot succumb to the fantasy that judges are the deus ex machina that will realise democracy, restore justice, and make life wonderful. Judges are already grappling with tremendous stresses. It’s highly unfair to saddle them with the hopes of a nation.
And as per usual in the last few years, police officers did not exempt women from their violence. Kifaya has this harrowing account of what happened to al-Destour journalist Abir al-‘Askari, no stranger to police terror. She was one of the many women assaulted on referendum day, 25 May 2005.
Lives were lost yesterday. On its way to reinforce the already overwhelming security presence in downtown Cairo, a truck carrying CSF recruits overturned on 6 October bridge at Abbasiyya, killing 8-10 conscripts (reports vary) and injuring 20.
Unlike 27 April, security forces occupied the inside of the High Court building and obstructed even workaday judges from reaching their courtrooms to adjudicate among ordinary litigants. On the orders of disciplinary tribunal head and Cassation Court president Fathi Khalifa, none but the two accused judges and seven members of their defence team were allowed entry into the courthouse. As Cassation Court justice and head of the defence committee Hossam al-Ghiryani went inside to negotiate with Khalifa, about 400 judges attending with accused judges Mekky and Bastawisi waited outside, rigorously separated from members of the public by elaborate phalanxes of CSF recruits.
Khalifa refused to budge and the judges refused to comply. The hearing was adjourned yet again to 18 May. Judges returned to their Club for further deliberation, which culminated in a resolution to continue the weeks-long sit-in that has so perturbed the Mubarak regime. Two proposals were also floated: boycotting the hearing on 18 May until Fathi Khalifa recuses himself from the disciplinary board, and a more compromise proposal to attend but only under the condition that security forces evacuate from the courthouse.What is happening in Egypt today has caught the men of the regime off guard. They never anticipated the resolve of judges to follow through on their mission of ensuring clean elections. They never anticipated the persistence and depth of popular support for the judges. And they never imagined that indiscriminate and brute force would only reinforce the resolve of both judges and activist segments of the public. Most of all, they never thought that election-time mobilisation would continue well after elections were over.
Sometimes, it is the simple but fatal mistake of miscalculation that is the undoing of the high and mighty.
*Photos from AP, Reuters, AFP.