Egypt's embattled bench

In the ongoing tug of war between this country's judiciary and the state over freedom on the bench, two prominent judges face disciplinary action Thursday for their outspoken criticism of election fraud.

While the government says the two men have insulted the judiciary by accusing fellow judges of being complicit in vote rigging in last year's parliamentary race, opposition groups say this is yet another example of Egypt's unwillingness to reform and back away from a pattern of quashing dissent.

The country's reform movement has taken up their cause for an independent judiciary, which many see as the most important step in the fight for more democratic reform.

If punished by a disciplinary panel Thursday, the two judges in question face being removed from their posts.

"Judicial independence is crucial," says Mohamed el-Sayed Said, deputy head of the Al Ahram Center for Political and Strategic Studies in Cairo. "As long as a person can be tried and put in jail without following the rule of law, we will never be really free."

When the hearing against the judges began last month, thousands of riot police surrounded Cairo's High Court building, beating and arresting dozens of protesters who were demonstrating in support of the judges. Activists say that at least 11 of those who were arrested are still being held.

Thursday, fewer demonstrations are expected as the government has cracked down on protests since the triple bombing on April 24 in Egypt's Sinai peninsula. The country has also renewed its controversial emergency law that allows the government to detain people without charges.

At last month's hearing, thousands of police also surrounded downtown Cairo's stately Judges Club, where about 80 judges from around the country were holding a sit-in to protest the disciplinary measures against the two judges and to demand judicial independence. About 35 judges are continuing their sit-in that began in mid-April, saying they will stay until their demands are met.

Hesham el-Bastawissi, one of the two judges facing disciplinary proceedings, says that because he was outspoken in denouncing fraud during the elections, Thursday's hearing is merely a ploy to silence him.

"We are using our right to talk to the press, to tell people what happened during the parliamentary elections," says Mr. Bastawissi, an appeals court judge and 29-year veteran of the court, referring to himself and the other accused judge, Mahmoud Mekki. "The government wants to punish us, to keep us silent, so we won't talk about this," he says.

Observers worry that the accused judges will not get a fair trial since members of the disciplinary panel have publicly denounced Bastawissi and Mr. Mekki's statements. The government is also questioning seven other judges, who complained of fraud in last year's vote and who recently had their immunity lifted.

Egypt's judiciary is not only one of the most respected and trusted organizations in the country, but it is an official institution with a history of fighting for reform.

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