The Partisanship of the Egyptian Judiciary

by Dr. Abdul-Sattar Kassem

In every state, the judiciary remains the linchpin of justice — the one that does right by the wronged, or so it must be. It is the judiciary that reassures people, regardless of their spectrum, that the law applies to everyone without exception, and it is what constitutes the shining proof of a state’s morality, and of its concern for producing stability and civil peace.

It is a marker of civilization and a barometer of a state’s commitment to respecting human beings and safeguarding their rights. The more a judiciary rises and is committed to justice, the higher the state climbs on the ladder of civilization, and the higher the state climbs, the higher its people climb too, gaining great momentum on the ladder of belonging, work, and production.

A state gains strength from the strength of its people, and the more a judiciary degenerates, the more people lose trust in their institutions and become certain their rights are being lost beneath the feet of the powerful among them — at that point, people’s morals deteriorate, their sense of belonging shrinks, and conflicts arise that threaten civil peace. Every ruler who does not stay vigilant over judicial justice is being reckless with the state’s future and its supreme interests, placing people in dangerous confrontations that undermine the bonds of the state.

We used to hear about the Egyptian judiciary, its integrity, impartiality, and independence, and we thought it would form an Arab nucleus for achieving justice for the wronged Arab citizen. We were not privy to the details of the cases this judiciary ruled on, but the legends about the judges’ integrity, experience, and objectivity in examining cases enchanted listeners. It was truly beautiful to hear such wonderful things said about an Arab judicial institution, but this beauty did not withstand the practical tests of the Egyptian judiciary following the political upheavals that occurred in Egypt.

Anyone following the recent rulings of the Egyptian judiciary cannot keep storing those legends in his mind — instead, he discovers he was simply a fool misled by the media and political statements about the judiciary’s integrity.

It was astonishing that the Egyptian judiciary referred the files of hundreds, indeed thousands, of Egyptians to the Grand Mufti of the Republic to ratify death sentences. The Egyptian judiciary issues mass death sentences without a thorough investigation of the charges attributed to the defendants, and quickly closes the files to move on to other files, whose owners await similarly awaiting death sentences.

Trials have proper procedures, and there are complex and numerous judicial processes, and it is usually expected, in backward states, that the examination of cases before the judiciary drags on to the point of killing the cases and driving their owners to regret and lament over what they have spent searching for judicial solutions.

Proper trial procedures and complex procedural matters were bypassed easily and quickly by the Egyptian judiciary, as though all the judges cared about was issuing rulings consistent with predetermined positions that had come to dominate them, or that they had been pushed toward by politicians, or that Egyptian media had crafted for them.

One sometimes finds oneself wondering: did the Egyptian judges think about the consequences of their swift, hasty rulings on Egyptian civil peace and the Egyptian national interest? Did they think of this world and the next? Did they calculate for acts of vengeance in this world, and for a harsh reckoning on the Day of Judgment? Did they think of the consequences of wronging people, and what hatred, revenge, killing, and destruction injustice can generate? It seems the oath these judges swore was not convincing enough for them, and they preferred to abandon the right path, following instead their own whims and desires.

Egyptians harmed themselves from the very start when they toppled their elected president, deciding that the actions of some of their leaderships were characterized by legitimacy and discipline. They searched extensively for charges that could be leveled against Morsi in order to justify his arrest and his removal from the political stage. The strangest charge of all was accusing Morsi of opening the door of a certain detention facility in cooperation with external parties, including Hamas. That prison held political prisoners, and the revolution was supposed to have occurred to correct many conditions, including banning political detention.

It was Morsi’s duty, and the duty of everyone who supported the Egyptian revolution, to release all political prisoners whom Mubarak had accused of endangering Egypt’s security. In other words, Morsi and his allies deserved thanks for freeing Egyptian prisoners. It is also strange that Egyptian media and the political level accused Morsi of spying with Hamas, a Palestinian resistance movement that has fought valiantly against Israel in defense of Palestine and its people, and of Egyptian national security. What “spying” are they talking about, when they themselves spy with Israel? Whoever commits the Arab treason of spying for Israel has no right, to begin with, to speak of treason and espionage. And was Hamas waiting for information from Morsi in order to occupy Egypt? This is absurd.

The greater matter is that Morsi carries a special symbolism in Egyptian history, being the first elected Egyptian president in history. Morsi made a number of mistakes, and many Arab intellectuals and thinkers warned him of them, and he listened to no one, but mistakes do not justify a historical stumble, nor do they justify removing a democratically elected president, while we in the Arab arena mouth off about democracy with lies and falsehoods. Egyptians broke a historical symbolism that history books will record, confirming that Arabs do not understand democracy, and cannot practice it or respect its principles. Egypt joined Algeria, Palestine, Sudan, Mauritania, and Iraq in rising directly against those elected by the people.

Finally, the Egyptian judiciary issued its ruling sentencing Morsi to twenty years in prison. This is a flaw and a shame befalling all Arabs. Advanced nations monitor their leaders and bring them before fair trials if they commit sins, not mere mistakes, and some states content themselves with removing the president from his position if convicted, without holding him in prison.

Following the developments the Egyptian arena is witnessing, it becomes clear to us that the trials concerning the Muslim Brotherhood group are political, not judicial. It is clear the political level is the one prosecuting and judging, and that the judges are nothing but tools in the politicians’ hands, as is the case in other Arab countries. Politicians employ the judges, and the media brainwashes them. Trials are supposed to remain far removed from the political and media levels, to ensure the judiciary is not subservient to self-interests that could be achieved through the political level.

One of today’s ironies is that Mubarak was found innocent, even though the Egyptian people rose up against him, leveling many charges at him, including the killing of innocents. Mubarak ruled Egypt for long years and worked to sabotage its economy, reinforcing class division in Egypt and economic and financial monopoly. He did not hesitate to repress his political opponents, monopolize the media, and besiege opposing media.

Mubarak did not distribute wealth well, weakened Egypt’s standing on the international and Arab stages, cooperated directly with Israel against the Palestinian and Lebanese resistance movements, and cooperated with America, which never misses an opportunity to strike at the Arabs. Despite the atrocities Mubarak committed against Egypt, he came out innocent and unscathed, while Morsi’s reign did not last long before he received twenty years.

I did not agree with Morsi, and belong to nothing but this great Arab homeland, and I constantly commented on Morsi’s mistakes, but I am not prepared to overlook basic moral principles in dealings in favor of political goals and dimensions. Moral overreach exists in Egypt and is rampant in political and media circles especially.

Perhaps these unjust rulings soothe the chests of some of the agitated, as is the case in every country in the world. There are power-holders and rulers subject to a thirst for revenge, who find no peace except after taking revenge on their political rivals. But revenge has never been a scientific administrative principle leading to people’s cohesion and unity. Only fools run their states with a spirit of revenge, while the wise pursue the path of reconciliation, tolerance, and unity. There are those in Egypt happy with these rulings, but let us hope they do not then speak of terrorism through the media.

Injustice is the primary wellspring of terrorism, and had the Arab regimes not severely wronged people, shattered their hopes and aspirations, and driven them like cattle to serve the arrogant, the revolutions would never have occurred. Injustice generates explosion, saturated with elements feeding hatred, grudges, and animosity, and whoever wants to live in comfort and reassurance must not wrong people or strip them of their rights and comfort.

Many Arabs warned the new Egyptian regime of the danger of injustice, saying this regime’s actions would lead to acts of violence claiming the lives of Egyptian soldiers and civilians. Many predicted the military actions occurring in Sinai and in various Egyptian governorates, because the regime’s actions revive extremism against the regime and create enough enemies to become a major force within Egypt.

There is a clear official position in Egypt against the Muslim Brotherhood, which constitutes broad masses spread across every corner of Egypt. Does anyone expect the group to stay silent about the measures and rulings issued against them? I do not think anyone with even a little intelligence expects silence. Rulings of this kind lead to escalation within Egypt. So who is the terrorist? The one repelling injustice from himself, or the one who started with injustice?

Egypt is an economically weak state, whose people have long suffered poverty, ignorance, disease, and want, and needs national unity and reassurance, and needs the efforts of all Egyptians to work hard, strive, and improve the country’s economic conditions — this is why unity efforts must take precedence over efforts of revenge.

The people of Egypt have suffered many calamities, sorrows, and pains, and the political level has no right to carry out unjust acts that raise the level of the people’s ordeal. Egypt can be self-sufficient through its own sons’ efforts, not through economic and financial aid coming from abroad, which could be conditional or a source of violating Egyptian sovereignty. The people of Egypt need wise leaderships that weigh matters carefully before speaking, and look repeatedly under their own feet before stepping. So fear God regarding the people of Egypt — what they already carry is enough for them.

Source: Translated from the original Arabic, “عصبوية القضاء المصري” by Dr. Abdul-Sattar Kassem.