VZCZCXYZ0000
OO RUEHWEB

DE RUEHEG #6521 2961502
ZNR UUUUU ZZH
O 231502Z OCT 06
FM AMEMBASSY CAIRO
TO RUEHC/SECSTATE WASHDC IMMEDIATE 2184
INFO RUEHXK/ARAB ISRAELI COLLECTIVE PRIORITY
RHEHNSC/NSC WASHDC PRIORITY

UNCLAS CAIRO 006521 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
NSC FOR DORAN AND WATERS 
 
E.O. 12958: N/A 
TAGS: PGOV KDEM EG
SUBJECT: COURT DISCREDITS 2005 ELECTION RESULTS, BUT 
PARLIAMENT WILL HAVE THE LAST WORD 
 
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Summary 
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¶1.  (SBU) In a series of recent judgments, Egypt's Court of 
Cassation has ruled that results of nearly 100 contests in 
the 2005 parliamentary elections should be invalidated due to 
evidence of voting violations.  Ultimate authority for 
overturning election results, however, remains with 
Parliament.  End summary. 
 
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Parliamentary Self-Protection... 
-------------------------------- 
 
¶2.  (SBU)  Judicial review of disputed parliamentary races by 
the Court of Cassation (which is responsible for ruling on 
voting violations) and the Supreme Administrative Court 
(which is responsible for ruling on matters pertaining to the 
eligibility of candidates) is an important feature of the 
Egyptian political landscape.  In the aftermath of the 2000 
parliamentary elections, the Court of Cassation and the 
Supreme Administrative Court invalidated the results of 
several dozen contests.  Under Article 93 of the 
constitution, the NDP-dominated Parliament chose to disregard 
most of these rulings, thereby protecting the disputed 
elections in 2000 of NDP heavyweights like Zakariya Azmi 
(President Mubarak's chief of staff) and Finance Minister 
Yusuf Boutros-Ghali. 
 
 
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...But Only For the NDP 
----------------------- 
 
 
¶3. (SBU) The Parliament did, however, approve the 
invalidation of several independent candidates, such as 
businessman Ramy Lakah (who was disqualified on the grounds 
that he was a dual citizen of France and Egypt) and Islamist 
Gamal Hashmat.  In Hashmat's case, the court did not dispute 
his victory in a run-off election (which was a landslide for 
Hasmat who garnered over 13,000 votes to his opponent's 
3600), but rather the court ruled that violations by one of 
Hashmat's opponents had skewed the race for second place.  In 
the 2003 special election in Hashmat's district in Damanhour, 
heavy security force interference resulted in Hashmat 
receiving a paltry 965 votes, while his opponent, Khairi 
Kilig of the Wafd, secured nearly 17,000 votes. 
 
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New Judicial Decisions Likely to Embarrass NDP 
--------------------------------------------- - 
 
¶4.  (SBU)  Full details on the Court's recent rulings about 
the 2005 Parliamentary elections are not yet public, but 
press reporting suggests that the potentially affected 
deputies include dozens from the ruling NDP, as well as a 
handulf from the legal opposition and the 
independents/Islamists.  Veteran parliament-watcher Gamal 
Essam El-Din (protect) told poloff that he believes the 
NDP-controlled majority will follow precedent and opt not to 
sanction its own members. 
 
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Comment 
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¶5. (SBU) Article 93 of the Constitution, which gives to 
Parliament the right to decide which judicial rulings against 
it must be enforced, is routinely invoked by Speaker Fathi 
Sorour, who is fond of quoting the legal dictum that "The 
Parliament is the master of its own (judicial) rulings."  The 
Egyptian body politic will be watching closely to see if the 
NDP-controlled Parliament follows historical practice and 
ratifies only those court judgments that go against select 
opposition and independent candidates.  If it does so, it is 
likely that the 88 independent members of Parliament who are 
affiliated with the Muslim Brotherhood will cry foul.  In a 
related recent development, the National Council for Human 
Rights, a quasi-governmental body that has surprised many 
analysts with its frank criticisms of the Government's human 
rights and reform record, has recommended that Article 93 be 
amended so that court rulings against Parliament should be 
binding and non-reviewable. 
RICCIARDONE