Cairo -

Questions are being raised about the decision to ban media appearances by members of the judiciary and the Public Prosecution in Egypt: its nature, causes, goals, and timing implications, given that it came one day after a presidential meeting with members of judicial bodies.

A few days ago, the Supreme Judicial Council - the official body entrusted with managing the affairs of judges - decided to ban the media appearance of members of the judiciary and the Public Prosecution, in the written, audio and visual media.

The decision - published on the official website of the Court of Cassation - also stipulated a ban on their use of private and public social media platforms, in person or in their capacity, and whatever the subject matter, and violating it entails disciplinary accountability, in accordance with the Judicial Authority Law.

While the judges’ media ban recommendations have witnessed remarkable media discussions in recent years, the new decision - which sets a precedent for having taken an official form and character - has not received the same attention from the various local media outlets.

It was also remarkable that the decision was issued one day after President Abdel Fattah El-Sisi met with members of the Supreme Council of Judicial Authorities (chaired by El-Sisi) in the presence of Minister of Justice Omar Marawan and Attorney General Hamada El-Sawy, in the framework of the celebration of the Egyptian Judiciary Day.

While a constitutional jurist described the decision as correct, ruling out its violation of the law or the constitution, a prominent human rights advocate stressed that it affects the independence of the judiciary and violates Egypt's international obligations in this regard.

Constitutional controversy

Professor of constitutional law, Fouad Abdel Nabi, sees the media ban on members of the judiciary as a correct decision, and that it puts judges and members of the public prosecution away from gossip and suspicions.

In statements to Al Jazeera Net, Abdul Nabi stressed the need for the judiciary to remain completely away from public affairs and comments, whether in the media or through the means of communication, so that its members do not cause insults if they are subjected to public criticism in their personal image.

The constitutional jurist ruled out a relationship between the timing of the decision and President Sisi’s meeting with the Supreme Council of Judicial Bodies, explaining that the judicial authorities had previously taken it on more than one occasion in the form of recommendations.

He added that the decision, recommendation or instructions all come to one degree, and their violation falls under the clause deviating from the official instructions, which may expose the violator to direct accountability, which begins with blaming and then tightening the penalties.

In response to a question about what is being raised about violating the constitution, the constitutional jurist stressed the constitutionality of the media ban decision and not violating the law, explaining that the constitution stipulates that the law regulates disciplinary accountability of judges in a manner that preserves their independence and prevents conflict of interests, as it clarifies the rights, duties and guarantees assigned to them.

On the other hand, lawyer and human rights defender Nasser Amin considers the media ban for judges and members of the Public Prosecution Office to be "a violation of the constitution."

In statements to Al Jazeera Net, Amin (head of the Center for the Independence of the Judiciary and the Legal Profession (non-governmental, based in Cairo) added that the media ban, or on communication platforms for members of the judiciary, affects the independence of the judiciary, and is in violation of Egypt's international obligations related to the basic and guiding principles of the United Nations related to the independence of judges It also affects the right of judges to express their opinions.

Al-Sisi (centre) after a meeting chaired by the Supreme Council of Judicial Bodies and Bodies (Page of the Official Spokesperson of the Presidency of the Republic)

domination of the judiciary

Regarding the implications of the decision and its goals, Abbas Kabbari, a researcher in legislative policies, believes that it lies in the rapid emergence of the impact of the measures taken by the authorities to tighten control over all judges' affairs, according to him.

In an interview with Al Jazeera Net, Kabbari explained that these procedures consist in re-forming the Supreme Council of Judicial Bodies, which was founded by the late President Gamal Abdel Nasser within the procedures of the so-called "judges massacre" and the purpose of it was to abolish the role of the councils of judicial bodies that were an obstacle to the hegemony of the authority executive and sometimes lead to embarrassment.

The massacre of judges, an incident in which 200 judges were dismissed, dates back to 1969, on charges of hostility to the regime of the July 23, 1952 revolution, which overthrew the monarchy and declared the establishment of the republic.

Kabbari adds that the role of the Supreme Council of Judicial Bodies has greatly diminished in the wake of the judges' protests in 2005 and 2006, when the late President Hosni Mubarak canceled most of its powers under constitutional amendments in 2007 in response to the judicial independence movement.

The Movement for the Independence of the Judiciary emerged at the end of the Mubarak era, and at that time it fought battles against the fraud of the legislative elections, and its symbols participated in the overthrow of the president, before they were expelled through dismissal, imprisonment, travel bans, or forcing them to leave the scene in silence.

Kabbari believes that Sisi has, in recent years, restored to the Supreme Council of Judicial Bodies and Bodies all of its competencies after the 2019 constitutional amendments, which resulted in "Sisi presiding over the council with absolute powers."

He pointed out that the heads of judicial bodies were appointed by a decision of the President of the Republic, in accordance with the constitutional and legal amendments that enabled him to bypass the two principles of seniority and seek the opinion of judicial councils, which have been in force in judicial circles since their inception.

Qabbari believes that the decision "represents a precedent that it took the form of an official decision and not directives or circulars as it was in the past, and it also arranged disciplinary measures that were not mentioned in the Judicial Authority Law, which makes it and its disciplinary measures contrary to the customs of judges and the Judicial Authority Law."

The researcher agrees with the opinions that the decision is considered "contrary to the constitution," explaining that the limits of the judge's ban depend on refraining from expressing his opinion in a case he is considering or a judicial ruling approved by his court.

It was not possible to obtain an official comment on what the Egyptian researcher said, but the Egyptian authorities usually affirm the independence and impartiality of the judiciary.

In his last meeting with members of the judicial bodies, Sisi stressed that the state is keen on the independence of the judiciary and non-interference in its affairs as a fixed approach, and always seeks to develop, modernize and enhance its capabilities, to be an advanced judicial system, according to a presidential statement.

ulna dismissal

According to Al Jazeera Net's monitoring, the most prominent crises caused by the media appearance of judges, in recent years, due to opinions, positions or slips of the tongue, are as follows:

In March 2016, the Prime Minister dismissed the former Minister of Justice, Ahmed Al-Zind, against the background of televised statements “insulting the Prophet Muhammad, may God’s prayers and peace be upon him,” after reports against him and Al-Azhar’s condemnation of the Holy Prophet’s inclusion in his statements.

Al-Zind, the former head of the Judges Club, is one of the most prominent judicial figures who opposed the rule of the late President Mohamed Morsi. He also announced the judges' participation in the June 30, 2013 protests that paved the way for Morsi's ouster, when Sisi was defense minister.

Al-Zind also called on US President Barack Obama to intervene in Egypt against Morsi's rule.

600 billion corruption

The year 2016 also witnessed the dismissal of Sisi, the head of the Central Auditing Organization (2012-2016), from his position due to statements made by the latter in which he said that “the cost of corruption in Egypt within 3 years is 600 billion pounds.”

Genena, the former head of the Cairo Court of Appeal, one of the symbols of the "Judicial Independence Movement", is currently imprisoned, after he was arrested in February 2018, following statements he made stating that former army chief of staff Sami Anan (he was a potential candidate in the 2018 presidential elections) had documents. condemn the regime.

The Cleaner

In May 2015, the former Minister of Justice, Mahfouz Saber, submitted his resignation, after controversial statements that affected the poor, in which he said, "The son of a janitor cannot become a judge."

Saber had said during a television interview in response to a question about whether the son of a cleaner could become a judge, "With all due respect to the common people, the judge has his dignity and status, and he must be based on a respectable environment, materially and morally."