Abdel Maguid Mahmoud has declined to step down, after President Mohamed Morsy declared he would transfer the Prosecutor General to a new position as Egypt’s Vatican envoy. Maguid Mahmoud refused to step down based on the grounds that Morsy had no authority over the judiciary. Although he remains in his position for the time being, public dissent towards Maguid Mahmoud has been on the rise due to a string of court cases over the past two years that have favoured anti-revolutionary or former regime members.
Morsy’s attempt to remove Maguid Mahmoud, considered a remnant of the former regime, is without legal basis, as judges serve until they retire. According to Magda Boutros, Criminal Justice Reform Director at Egyptian Initiative for Personal Rights (EIPR), the law protects judges from being removed by politicians. “The principle of separation of power is that the judiciary cannot be interfered with by the executive,” Boutros explained. She pointed out that while the president has the power to appoint general prosecutors, the ability to dismiss them would require Morsy to use his legislative powers, which he has so far been reluctant to do. “Judges only have to retire when they hit the legal age of retirement,” Boutros continued, “which he [Maguid Mahmoud] has not yet reached.”
Morsy’s legislative powers could allow him to change the legal age of retirement to 60, which would force Maguid Mahmoud to retire, “but Morsy does not want to use his legislative powers in the absence of the parliament,” Boutros said. The decision to appoint Maguid Mahmoud as a Vatican envoy would also be ultra vires without his agreement.
According to Osama El-Mahdy, a human rights lawyer, the next step could be for Morsy to find an amiable solution with judges to facilitate Maguid Mahmoud’s removal. From within the judiciary, there are several groups with their own factions. While some support Maguid Mahmoud, El-Mahdy believes that Morsy may have enough popular support within the judiciary to reach a deal. “There are many judges that wanted him out much before now,” El-Mahdy said. “Many of these judges have disagreed with the way he has handled many cases.”
Maguid Mahmoud’s resignation has been demanded since the start of the revolution. As judges are appointed for life, virtually all of them have served extensively under the old regime and their recent court judgements have been found to be unsatisfactory for many Egyptians. Over the past 21 months several high-profile trials have taken place relating to crimes committed by protesters during the revolution, as well as elements of the former government.
The 24 defendants in the Camel Battle trial, accused of orchestrating and participating in the attack on protesters in Tahrir early February, were found not guilty of all charges. The handful of police officers tried earlier this year with killing protesters during the revolution were also acquitted, as was the only doctor tried in a military court for conducting forced virginity tests on women, Ahmed Adel. In June, former president Hosni Mubarak was found guilty of failing to stop the slaughter of civilians by security forces during the revolution and was handed a life sentence, but was never held officially responsible for the murders.
The history of such trials, according to Boutros, indicates there is a bias in the investigations in favour of old regime figures as well as certain security agencies or officer. “Maguid Mahmoud is seen as being too close to the old regime.”
Many judges feel Morsy’s actions have been an infringement of the independence of the judiciary and have thus rallied behind Maguid Mahmoud, yet many protesting Thursday night and Friday are calling for his removal. “Morsy suddenly decided to act on something that has been called for since the start of the revolution,” Boutros said.
The Muslim Brotherhood’s ruling Freedom and Justice Party meanwhile condemned the outcome of the Camel Battle trial, saying they were “appalled” with the results which have been a frequent outcome in the judiciary. “The accused are repeatedly escaping justice in all cases of murder in the bloody events of the revolution, which arouses public anger, especially with the families of the revolution’s martyrs awaiting fair retribution,” their statement read, hinting at “the secret behind culprits going unpunished.”
The Brotherhood have pledged they would participate in Friday’s protest against the court verdict which reignited the flames.
