VZCZCXYZ0005
RR RUEHWEB

DE RUEHEG #3639/01 1631522
ZNR UUUUU ZZH
R 121522Z JUN 06
FM AMEMBASSY CAIRO
TO RUEHC/SECSTATE WASHDC 9105
INFO RUEHXK/ARAB ISRAELI COLLECTIVE
RUEAWJA/DEPT OF JUSTICE WASHDC
RHEHNSC/NSC WASHDC

UNCLAS CAIRO 003639 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
NSC STAFF FOR SINGH; 
DEPT OF JUSTICE FOR ATTORNEY GENERAL GONZALES AND DEPUTY 
ASSISTANT ATTORNEY GENERAL SWARTZ 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM EAID EG
SUBJECT: EGYPT: PUBLIC PROSECUTOR ON JUDICIAL INDEPENDENCE, 
POLITICAL REFORM, U.S. ASSISTANCE 
 
REF: CAIRO 3556 
 
Sensitive but Unclassified.  Please Protect Accordingly. 
 
¶1. (SBU) Summary:  Public Prosecutor Maher Abdel Wahed 
stressed to the Ambassador in a recent meeting that the 
independence of the judiciary is substantial in Egypt and 
refuted claims that the executive influences the decisions of 
the Supreme Judicial Council - the body which oversees day to 
day affairs of Egypt's courts and benches.  Maher also 
underlined the autonomy from the executive -- and from the 
rest of the judiciary -- of the Public Prosecution corps and 
predicted this status would be clarified in the anticipated 
new judiciary law.  Maher was implicitly critical of the 
Judges Club's recent activism while offering his personal 
support for replacing the current electoral system with a 
permanent independent elections commission.  Maher expressed 
in detail his appreciation for USAID technical assistance for 
the adminstration of justice.  He looked forward to welcoming 
U.S. Attorney General Gonzales to Egypt at the end of June. 
End summary. 
 
¶2. (SBU) Public Prosecutor Maher Abdel Wahed, Egypt's senior 
law enforcement official and functional counterpart to the 
U.S. Attorney General, asserted to the Ambassador during a 
May 31 meeting that judicial independence is already 
well-advanced in Egypt.  Egypt's judges answer to the Supreme 
Judicial Council (SJC) whose members, though technically 
appointed by the executive, are in fact chosen on the basis 
of seniority (rather than political loyalty).  The SJC is 
composed of the Chief Justice of the Court of Cassation (the 
chairman) and its members are the heads of the courts of 
appeals in Cairo, Alexandria, Tanta, the two most senior 
judges in the Court of Cassation, and the Public Prosecutor. 
It is this neutral body, rather than the executive, that has 
the final say over judiciary matters, he asserted: "the 
Ministry of Justice (MOJ) implements the decisions of the 
SJC, not the other way around." 
 
¶3. (SBU) Maher emphasized to the Ambassador that, contrary to 
the assertions of some critics, the Public Prosecution 
operates autonomously and does not report to the Minister of 
Justice - a point he expected the GOE's new judiciary law 
would clarify.  He acknowledged that "judicial inspection" - 
the mechanism for evaluating judges' performance and 
promotions - was one of the most controversial subjects of 
debate, because of the Minister's supervision of the process, 
but "this will change," in the new law, he asserted.  (Note: 
However, members of the Judges Club claimed they had heard 
that the draft retains for the Minister de facto control over 
the evaluations and promotion process (reftel).  End note.) 
 
¶4. (SBU) Maher expected the new judiciary law would enhance 
judicial independence by establishing a firewall between the 
budgets of the MOJ and the judiciary.  Maher observed that 
the judiciary budget has always been a contentious issue, as 
he learned first-hand in his previous position as the 
Assistant Justice Minister responsible for financial affairs. 
 "The judicial process is expensive," he noted, "and it is a 
challenge for society to pay for it."  He claimed that a 
court fee system, as used in the U.S., would result in the 
denial of justice to Egypt's poor masses.  Thus ruling out 
any workable "independent" means for Egypt's judiciary to 
raise funds, he claimed that there was no practical choice 
but to keep the authority to administer judicial funding in 
the hands of the Ministry of Justice. 
 
¶5. (SBU) Maher was implicitly critical of the recent 
outspokenness of the Judges Club (JC) leadership in recent 
months. (As reported septels, JC members' charges of fraud in 
the 2005 parliamentary elections have fueled controversy, and 
been seized upon by regime opponents.)  "The Judges Club is a 
social organization, not a professional syndicate," he 
stated.  "Elections are always controversial...but we (in the 
judiciary) must remain neutral and far from political 
disputes...there are questions about whether the JC's actions 
constitute political activities." 
 
¶6. (SBU) Maher was critical of Egypt's use of judges as 
electoral supervisors, asserting that this practice is 
virtually unique in the world.  "The intent of assigning one 
judge to every ballot box was to guarantee integrity," he 
noted, but "we have fallen short of our goal."  Maher offered 
that he personally favored the establishment of a permanent, 
professional elections commission, as exists in other 
 
countries.  (Note: The ruling NDP has included electoral 
reform as one of its political reform priorities, but has not 
yet offered any specific proposals.  End note.) 
 
¶7. (SBU) Thanking the Ambassador for USG technical assistance 
for reform in Egypt's criminal justice system (being 
implemented by USAID and contractors), Maher said that 
modernizing the process is one of his top priorities.  "Our 
system is based on the Napoleonic Code," he noted, "but 
France has moved on, while we have not updated our system in 
50 years."  Maher expressed particular enthusiasm for USG 
funded technical assistance on developing a public defender 
system and alternative dispute resolution mechanisms that 
could help Egyptian authorities cut their case backlog, 
which, the Public Prosecutor acknowledged, is "enormous." 
 
¶8. (SBU) The Ambassador thanked the Public Prosecutor for his 
cooperation with the USG on a range of issues, most recently 
in the case of fugitive Egyptian murder suspect Sameh Khouzam 
(septels).  The Ambassador also previewed for the Public 
Prosecutor the late June visit of Attorney General Gonzales. 
Maher warmly welcomed the AG's visit and hoped it would 
further solidify already strong law enforcement ties between 
the U.S. and Egypt. 
RICCIARDONE