JUDGES' CLUB LEADER DISCUSSES CONFRONTATION WITH

C O N F I D E N T I A L SECTION 01 OF 02 CAIRO 001555 SIPDIS E.O. 12958: DECL: 03/14/2016 TAGS: EG KDEM PGOV PHUM SUBJECT: JUDGES' CLUB LEADER DISCUSSES CONFRONTATION WITH GOE Classified By: Classified by DCM Stuart Jones for reasons 1.4 (b) and (d). ¶1. (C) Summary: Judge Mahmoud Khodeiry, Head of the Alexandria Judges Club and one of four senior Egyptian judges at the center of a dispute with the GOE over conduct of the 2005 parliamentary elections reports that Egyptian judges are under tremendous pressure from the GOE to participate in the rigging of election results. Willing co-conspirators get rewarded with patronage in the Ministry of Justice and lucrative postings in the Gulf states controlled by the Ministry. The GOE-Judges dispute centers on the principle of judicial independence and the judiciary's constitutionally-assigned role in the elections process. An outspoken critic of the GOE, Khodeiry views his own role as standing against a "culture of corruption" engendered by the regime. He charged that new intrusions on judicial independence in the GOE's recently-presented draft law on the judiciary evidences GOE backtracking on democratic reform. Judges would prefer the existing law to the current draft, he claimed. Khodeiry praised the fairness of recent Palestinian elections and the role played therein by international observers, saying they "put to shame" Egypt's security-dominated elections process. End Summary. ¶2. (SBU) APP Alexandria Principal Officer met March 5 with Mahmoud El-Khodeiry, Egyptian Supreme Court Justice and Head of the Alexandria Judges Club. Khodeiry, 66, was reelected as Head of the Alex Judges Club in December 2005 with 58 percent of votes cast. -------------- Judicial Independence and the Vote -------------- ¶3. (C) Khodeiry said the judge's dispute with the GOE revolves around the principle of judicial independence and free elections. In his view, judges have a mandate to supervise the voting process, which was curtailed during the 2005 parliamentary elections. Article 88 of the 1971 Constitution and a subsequent Egyptian supreme court decision of the late 1990's strengthened the judiciary's election role. It's mandate was first tested in the 2000 parliamentary elections. In 2005, Khodeiry claimed, the GOE put tremendous pressure on judges to sign off on fraudulent election outcomes. Compliant judges won coveted appointments in the Ministry of Justice and positions in the Gulf states. (Note: Khodeiry himself served five years as a judge in the UAE). Judges that defy the GOE on this issue risk condemnation and harassment in addition to being overlooked for such plum assignments. ¶4. (C) Khodeiry praised the recent Palestinian elections as an example of a free and honest democratic process. He said that after seeing the positive role played there by international observers like former President Carter, it was no wonder the GOE refused such observation. He contrasted the images in the Palestinian election, in which "security personnel assisted voters," with the Egyptian elections in which security forces prevented voters from entering polls. -------------- A "Culture of Corruption" -------------- ¶5. (C) Khodeiry said the GOE has fostered a "culture of corruption" that has undermined the rule of law throughout society. He claimed that he criticizes the government on behalf of younger judges who want a say in the affairs of the country but are afraid. He and other judges respect the need for neutrality in partisan political activity, but said these reasonable principles had been distorted by the government in its attempt to deny the judiciary a role in the civic life of the society. It was unreasonable that he should be expected to refrain from expressing views on any issue facing the society. Should the government condemn him for an opinion on the Avian Flu, he asked rhetorically? ¶6. (C) Khodeiry recounted his recent discussion with prominent (Islamist-oriented) journalist Makram Mohamed Ahmad, who asked "what does the Judges Club want?" Khodeiry replied that judges wanted nothing more than that Egyptians enjoy the right to free elections. He said the journalist replied to him that such a day would never come; the government fears the rise of an Islamist political majority. Khodeiry told PO Alex that if this were the case, the GOE would either have to remove judges from the voting process or expect that Judges become a party to fraud. Since Judges refuse to participate in fraud, the GOE was now looking for ways to curtail the Judiciary,s role in the electoral process. He said democracy was facing a retrenchment in Egypt. The current GOE draft law on the judiciary is worse than the existing law in terms of preserving judicial independence. In fact, he said, Judges would prefer living with the existing law than face the restrictions outlined in the GOE,s draft. -------------- Atmospherics -------------- ¶7. Khodeiry, born in 1940 in Sohag in Upper Egypt, is rumored to harbor MB sympathies. He looks the part, with a gray beard similar to that worn by Egypt's MB leadership. He laced his discussion with sayings of the Prophet. He warmly welcomed PO Alex, noting his admiration for the U.S. Supreme Court as an institution that inspires respect and reverence among Americans akin to a place of worship, and pulled his punches on U.S. policy. He insisted Hamas must change its views and accept Israel as a neighbor. Khodeiry is not afraid of a confrontation with the Mubarak regime. He has made frequent remarks to the press and posted them on his own website: www.khodiry.com. RICCIARDONE