EGYPT: NEW JUDICIARY LAW SENT TO PARLIAMENT

C O N F I D E N T I A L CAIRO 003757 SIPDIS SIPDIS NSC STAFF FOR SINGH E.O. 12958: DECL: 06/15/2016 TAGS: PGOV PHUM KDEM EG SUBJECT: EGYPT: NEW JUDICIARY LAW SENT TO PARLIAMENT REF: A. CAIRO 3639 ¶B. CAIRO 3556 ¶C. CAIRO 3006 Classified by Ambassador Francis Ricciardone for reasons 1.4 (b) and (d). ¶1. (SBU) Following the June 14 weekly Wednesday cabinet meeting, GOE spokesman Magdy Rady announced that the long-anticipated draft judiciary bill had been forwarded from the Council of Ministers to parliament for discussion and approval. Discussion of the draft will begin in the Shura Council on June 18. The Shura is a body with only consultative powers, and with 259 of 264 Shura seats belonging to the ruling NDP, is unlikely to alter the draft. Debate in the People's Assembly, where more than 100 of the 454 seats belong to the opposition, will be more raucous, but the NDP has more than enough votes to guarantee the bill's passage. ¶2. (SBU) In his brief remarks to journalists, Rady said that the draft law: -- Formally separates the Public Prosecutor from the authority of the Minister of Justice; -- Creates an independent budget for the judiciary; -- Expands the powers of the Supreme Judicial Council (as opposed to the Minister) to appoint judges and other judicial positions; and -- Imposes limits on secondments of judges to domestic and overseas consultancies. ¶3. (C) The Judges Club (JC),which has complained that it has been excluded from deliberations during the crafting of the judiciary bill, reacted negatively to Rady's statement. Leading JC activist Mahmoud Makki told an international wire service: "We did not review the bill. The truth is that judges tried to explain their opinion but the government did not allow them to do so." JC Vice President Nagy Derbala complained that the draft apparently contained no references to the Club. The JC leadership was to meet on the evening of June 15 to consider their response to the latest development. Embassy contacts believe the Club's options are limited. ¶4. (C) Comment: The draft bill, whose complete contents still have not been made public, appears to make significant amendments to the system. The establishment of a more independent budget and limits on consultancy secondments (a major perk the Minister has historically been able to dole out to loyalists and deny to "troublemekers") would be significant changes. It is no surprise that the new law evidently will not meet core Club demands, such as a complete overhaul of the promotions and appointments system, establishment of an elected Supreme Judicial Council, and legal recognition for the Club itself. We expect lively debate among the judges as to the significance and impact of the proposed reforms. End comment. RICCIARDONE