Former Justice Minister Ahmed Mekky described the Cairo Administrative Court commissioners’ report, which recommended the disbanding of the Muslim Brotherhood’s Freedom and Justice Party as a “perfectly political,” and reflects that the judiciary is not independent.
Mekky told Egypt Independent that judicial authority is one of the state institutions and is affected by their positions. No one can stop the political power.
The state that wishes to prosecute its political rivals, its judiciary can only comply, he explained. Supporting the oppressed rarely works, especially in political cases, something which could be applied to the recent commissioners’ decision.
When asked about how that conflicts with the independence of the judiciary, he said explained that judiciary independence in third world countries is like press independence – unthinkable.
Independence can only exist in a democratic state, where the People’s Assembly cannot be dissolved, or where an elected president represents the will of the people. The independence of the judiciary is the fruit of an independent democratic state, but there is no independent authority in an oppressive regime.
The decision to disband the party could only be issued by the Parties Affairs Commission, not by the Supreme Administrative Court, as happened with the National Party, which was dissolved by the Administrative Court without reference to the Parties Affairs Committee, in violation to the law.
