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Is Sisi undermining independence of Egypt's judiciary?

Egyptian President Abdel Fattah al-Sisi approved legal amendments that allow him to appoint the heads of the judicial bodies in the country, which forecasts a never-ending clash between the state and judges.

A view of the High Court of Justice in Cairo, Egypt, January 21, 2016. Egypt's highest appeals court adjourned the retrial of former president Hosni Mubarak until April on charges over the killing of protesters during the 2011 uprising that ended his 30-year rule. REUTERS/Mohamed Abd El Ghany - RTX23D41
A view of Egypt's High Court of Justice in Cairo, Jan. 21, 2016. — REUTERS/Mohamed Abd El Ghany

CAIRO — Egyptian President Abdel Fattah al-Sisi ratified on April 27 the legal amendments approved by the Egyptian parliament, allowing him to select the heads of four judicial bodies from among the various candidates for the first time in the history of the judiciary. Before the ratification, the general assembly of each body would submit the candidate for its presidency itself. This raised questions about the future of the Egyptian judiciary, namely whether or not the judiciary will consequently lose its independence.

The amendments were aimed at “the heads of the Egyptian State Council, the Court of Cassation [highest criminal court in the country], the Administrative Prosecution [Authority] and the State Lawsuits Authority,” and came in a new law issued by Sisi a day after the approval by the Egyptian parliament. However, the judges opposed the law, saying it undermines the judiciary’s independence and the separation of authorities, thus sparking a debate between the members of parliament.

In a statement published by Al Shorouk newspaper April 27, former Supreme Constitutional Court President Maher el-Beheiri described the law as “a blatant assault on the independence of the judiciary, interference in its affairs and a violation of its traditions and customs.”

Beheiri said that the new law is not in line with the goals of the revolutions of Jan. 25, 2011, and June 30, 2013, and represents a fallback from the gains achieved constitutionally and legally — namely establishing the independence of the judiciary.

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