Egypt's Paradoxical Elections
Mona
El-Ghobashy
(Mona
El-Ghobashy teaches political science at Columbia University.)
For
undemocratic regimes in a democratic age, elections are an extremely
valuable tool. They create opportunities for limited popular participation,
disarm domestic and international critics, and enhance political
monitoring and control by revealing the relative political strength
of government and opposition candidates. Such elections are successful
to the extent that they maximize tolerated competition and minimize
the residual uncertainty that accompanies even the most managed
poll. It is no mystery, then, why authoritarian elites convene elections.
The paradox is why they constrain themselves in fixing them.
Limited
elections have been an important feature of each of Egypt's three
successive authoritarian regimes. The return to legislative elections
in 1957 (sans parties) was a token of the “sound democratic life”
promised by Gamal Abdel Nasser and his Free Officers. The return
to multi-party elections in 1976 was the central plank of Anwar
al-Sadat's “state of law and institutions.” Since 1984, parliamentary
elections have been the cornerstone of Mubarak's “march to democracy.”
However, due to a curious legal rule of 1956 vintage that attained
constitutional status in 1971, legislative elections during all
three regimes involved judicial personnel. This seemingly unremarkable
legal requirement has wrought momentous consequences.
Since
1984, judicial oversight has placed matters of election management
and monitoring at the center of each and every parliamentary poll.
Sometimes working in tandem and at other times separately, judges,
opposition forces and domestic election monitors have turned the
1956 rule into an effective tool in their quest for cleaner, more
representative elections. They have done so by advocating both the
letter and the spirit of the law. On one hand, they have insisted
on the proper execution of the procedures laid down by the rule.
On the other, they have capitalized on statutory ambiguity to push
for their favored interpretation of the rule's wording, extending
judicial supervision far beyond the intentions of its legal architects.
The result: a paradoxical situation where rules originally designed
to thwart meaningful elections have been turned into binding mechanisms
to ensure the integrity of elections. Unwittingly, authoritarian
elites ensnared themselves.
That
nitty-gritty election procedures can be as crucial as electoral
outcomes was patently obvious during 2005, Egypt's “year of elections.”
The May 25 referendum on amending Article 76 of the 1971 constitution
to allow for direct, multi-candidate presidential elections, the
resultant presidential elections on September 7 and the November-December
parliamentary elections were all occasions for organized domestic
mobilization on the issue of election management and monitoring,
with discreet international backing. Mobilization centered not only
on voting-day activities but also encompassed critical pre-election
procedures such as compiling the voter rolls and ensuring the availability
and quality of indelible ink, as well as the all-important issue
of the integrity of the ballot count. [1]
Leading
the campaign for a cleaner vote were Egypt's judges, represented
by their elected leadership in the Judges' Club ( Nadi al-Quda
). Judicial mobilization, abetted by citizen activists, was
a key motif of the 2005 electoral year, but it did not begin then.
How and why judges orchestrated an uncharacteristically high-profile,
media-savvy campaign for full supervision in 2005 is a winding story
that begins in the legal documents of Nasserist Egypt.
Crafting New Rules
Judicial
supervision of elections has its roots in Law 73/1956 Organizing
the Exercise of Political Rights. [2]
Law 73 codified the Nasserist ethos of popular participation,
and as such is best remembered for extending the franchise to women
for the first time, lowering the voting age from 21 to 18 and abolishing
a host of pre-1952 restrictions on voting and running for office.
But the law also contains several additional regulations that over
time have proven quite significant. For example, Article 5 specifies
that voter registration must occur in the short window from November 1–January 31
of every year, a detail that became salient in the wake of President
Husni Mubarak's February 26, 2005 announcement of his
intention to amend the constitution to allow for direct, multi-candidate
presidential elections. Some voters expressed dismay that the announcement
came after the end of the registration period, while after the elections
pundits blamed the law for paltry voter registration rates and called
for an overhaul of the unjustifiably narrow registration time frame.
[3]
Law
73 also codified the Nasser-era ambivalence about elections, stipulating
judicial supervision while at the same time blunting its subversive
potential. On one hand, the law falls short of granting judges complete
jurisdiction over election management, instead dividing that responsibility
between judges and other state officials such as the Minister of
the Interior, provincial security agents and members of prosecutorial
bodies (Articles 16 and 24). On the other, the law does specify
that administrative court judges alone have the power to adjudicate
procedural disputes revolving around registration and candidacy
(Articles 17 and 19). Ironically, both sets of incentives have been
seized upon by judges, opposition and independent candidates, and
domestic watchdog groups seeking to ensure the integrity of the
vote.
For
instance, in the course of each election, administrative courts
are inundated with hundreds upon hundreds of routine election-related
petitions that are adjudicated with considerable dispatch. In 2005,
three such suits stood out, filed by human rights groups intent
on monitoring both the presidential and parliamentary poll. On September 6,
November 6 and December 3, the Court of the Administrative
Judiciary (first circuit) ruled that civil society organizations
have the right to enter polling stations, to observe not just vote
casting but also ballot counting, and to use closed-circuit television
to record the count. As an influential American election monitoring
outfit surmised, “The legal battles waged and won in the midst of
the presidential campaign set an important precedent for domestic
monitoring.” [4] Similarly,
the court repeatedly ruled against the ruling National Democratic
Party's practice of bussing in voters using public transportation
and the unlawful practice of collective registration: inflating
voter lists with individuals who do not reside in the district.
[5]
Law
73 still exerts its ambiguous effects on contemporary electoral
processes. In 1971, the law's provision for judicial supervision
of elections attained constitutional status. The September 1971
constitution was the keystone of the fledgling Sadat regime's new
rhetoric of democracy and the rule of law, and constitutionalizing
judicial supervision of elections bolstered the ostensible commitment
to rule of law. Article 88 of the constitution thus mandates that
“voting occur under the supervision of members of a judicial body.”
The terse yet pregnant wording created an opening for activists
and litigants to exploit the political potential of legal ambiguity.
Struggles over the meaning of “supervision” ( ishraf )
and “judicial body” ( hay'a qada'iyya ) would take center
stage in future elections.
Interpreting the
Rules
The
pivotal, capacious Article 24 of Law 73 grants the Minister of the
Interior the power to determine the number of principal and auxiliary
polling stations. The article also specifies that the supervisor
of each main polling station be a member of a judicial body, though
it does not extend this requirement to auxiliary stations, permitting
public-sector clerks and other civil servants to oversee those areas.
This detail spawned the only instance of successful opposition coordination
in Egyptian elections. On October 20, 1990, all of the major
opposition parties including the Wafd and the Labor Party affiliated
with the Muslim Brothers (but not the leftist Tagammu‘) signed a
pact to boycott the parliamentary poll in protest at the absence
of complete judicial supervision, including auxiliary polling stations.
Disgruntled
and resourceful independent candidate Kamal Hamza al-Nasharti took
the issue a step further. He seized on the legal lacuna and filed
suit after the elections, arguing that Article 24's assignment of
public functionaries to supervise auxiliary polling stations was
a violation of Article 88 of the constitution requiring judicial
supervision. Non-judicial civil servants lack the requisite impartiality
to ensure fair polling procedures, he argued.The administrative
court reviewing the case agreed with the plaintiff and referred
the case to the Supreme Constitutional Court (SCC), which took ten
years to hand down its landmark ruling on July 8, 2000, also
siding with al-Nasharti. [6] The
court ruled that for judicial supervision to be effective, it must
extend beyond main stations to include auxiliary ones as well. The
government scrambled to amend Article 24, and a decades-long opposition
and judicial demand was finally realized: parliamentary elections
were conducted in stages over several weeks to enable the comparatively
small number of judges (8,000) to supervise thousands of main and
auxiliary polling stations.
But
the legal wrangling did not end there. The court ruling left a key
item unresolved, namely the definition of a “judicial body” ( hay'a
qada'iyya ). Ever since the 1960s, this vague term had been
a persistent node of contention among legal scholars and practitioners,
resurfacing during every election as independents and the opposition
decried the government's manipulative electoral practices, most
especially the smuggling of non-judicial legal officers into the
definition of a “judicial body.” The SCC's 2000 ruling reignited
the debate with a vengeance. Between July, when the SCC ruling was
issued, and November, when the parliamentary elections began, debates
in newspapers and political salons took place over what and who
gets included in the definition of a judicial body.
Legal
scholars and practitioners, along with opposition candidates and
civil society activists, insisted that a judicial body means only
sitting bench judges. Government officials and their legal experts
disagreed vociferously, arguing that legal officers in the administrative
prosecution and the State Cases Authority (government attorneys)
are also legitimate judicial bodies. At issue was a legitimate academic
dispute and a pressing matter of regime survival. As legal officers
of the executive branch who answer to the Minister of Justice in
ordinary times and to the Minister of the Interior at election time,
non-judicial legal personnel lack the impartiality and potential
for autonomous action that bench judges enjoy and have repeatedly
demonstrated. By law, they are professionally and organizationally
dependent on executive dictates, perfect accessories to lend elections
a patina of legality without compromising certainty of outcome.
Hence, a seemingly prissy legal definition had obvious political
ramifications.
Naturally,
the government insisted on its own definition of the term and deployed
thousands of its legal officers to supervise polling stations. Still,
the 2000 poll was cleaner than previous elections, returning a parliament
with a marginal decrease in ruling party dominance (87.8 percent,
down from 90.4 percent in the 1995 parliament) and a relative increase
in the representation of Muslim Brothers running as independents
(17 seats, up from one in the 1995 parliament). A combination of
fierce competition between National Democratic Party (NDP) members
and more effective electoral supervision led candidates officially
nominated by the NDP to secure only 38 percent of parliamentary
seats. To avoid an embarrassing repeat during the spring 2002 municipal
elections, NDP leaders engineered very limited supervision, leaving
37,410 auxiliary polling stations unmanned by bench judges. Sure
enough, opposition parties boycotted and the ruling party secured
all the seats. [7]
The
management of the 2000 parliamentary elections had still more subtle,
though no less significant consequences. Bench judges experienced
numerous instances of harassment and obstruction from security agents,
and several engaged in verbal and physical confrontations with police
as they protested police blockades of roads to polling stations
and intimidation of non-NDP voters. Contrary to Law 73's stipulation
that it is the prerogative of the supervising judge at the polling
station to determine the station's periphery, security agents essentially
trapped judges inside polling stations while violence and harassment
raged outside. [8] Bench judges'
negative experiences in 2000, coupled with the unresolved controversy
over what constitutes a judicial body, laid the groundwork for the
fierce electoral contention of 2005.
The Great Ordeal
An
election incident haunts Mahmoud Rida al-Khudayri, sitting president
of the Alexandria Judges' Club. In the early 1960s, as a newly minted
prosecutor in his 20s, he was tasked with overseeing legislative
elections at a polling station in the Delta province of Daqhaliyya.
The security chief at the polling station instructed al-Khudayri
and his fellow presiding legal officers, “We need these two [candidates]
to win. If they don't, get ready to be retired.” The senior judge
brought in to supervise the poll put up a valiant resistance, but
to no avail. The election results were fixed. Rooming with al-Khudayri
that night before returning to Cairo the next morning, the judge
fell extremely ill, heaving and suffering an intense fever. “This
large, imposing man was weeping on my chest like a child, extremely
shaken by what happened,” recalls al-Khudayri. “The next morning,
as we waited for the train in silence, he turned to me and said,
‘I think you must scorn me now, Mahmoud.' A few months later, he
died of a heart attack.” [9]
That
elections are a burden that wreaks serious damage upon their personal
honor and professional integrity is a widely shared sentiment among
Egyptian judges, particularly those among them like al-Khudayri
with indelible memories of foul play. “Unfortunately, our history
of elections is not an honorable one, and the reality of the election
experience in the last few decades has been painful,” reflected
retired judge Tariq al-Bishri in the immediate wake of the July 2000
SCC ruling mandating full judicial supervision. [10]
In the leadup to the May 25 constitutional referendum
in 2005, the specter of past ordeals galvanized judges. At a rousing
meeting, Cairo Judges' Club president Zakariyya ‘Abd al-‘Aziz vowed
to defeat the “stigma of elections” tailing judges since the 1950s.
[11]
Of
primary concern to the judges is the creeping loss of public confidence
in the judiciary as a result of its coerced involvement in election
rigging. “The judge's source of strength is the public's respect
and appreciation,” asserts Alexandrian judge Ahmad Makki, a major
figure in judges' mobilization during 2005. “When a citizen sees
me in the polling station, it should be the same way that he sees
me in the courtroom, as an authoritative and fair arbitrator.” [12]
Judge Husam al-Ghiryani, much esteemed among younger judges
and looked upon as a role model, concurs, “It used to be that every
father would tell his son, ‘I want you to grow up to be a judge.'
That is the judge's role, to be a leader in society.” [13]
But the fear gripping judges goes beyond simple status anxiety.
They are motivated by the prospect of further deterioration of an
already afflicted justice system if its key administrators lose
public trust.
Potent
as it is, however, judicial discontent remains an insufficient explanation
for the judicial mobilization in 2005. After all, judges had long
warned of compromises to their impartiality if they are not granted
undistorted election supervision. For at least 20 years, they
had issued painstaking proposal after proposal detailing the amendments
to Law 73 required to render judicial supervision meaningful. [14]
Why did they up the ante in 2005, first threatening an election
boycott, and then participating in full force but on their own terms?
The root causes reside in the structure of executive-judicial relations
over the past 15 years, a subterranean struggle for autonomy and
control that finally bubbled to the surface in 2005.
Executive-judicial
relations got off to a good start at the beginning of Mubarak's
tenure with the passage of Law 35/1984 returning the Supreme Judicial
Council (SJC ) after its abolition by the Nasser regime in 1969.
The SJC is a liaison institution between executive and judiciary
that each branch naturally seeks to tweak to augment its own power.
Judges invoke its historical pedigree as an independent institution
of judicial peers who manage judicial appointments and promotions,
an autonomous budget and full control over disciplinary affairs,
away from the designs of the Ministry of Justice. The executive,
for its part, has always sought influence over the institution by
controlling its composition and mandate. The Judges' Club (established
in 1939) was born in this tug of war between the two state branches
as a vehicle to aggregate judicial opinion and forward negotiation
with the Ministry of Justice. In the early 1990s, executive attempts
to control the judiciary began in earnest, and the SJC was perceived
by many judges to be a tool of the Ministry of Justice. Hence their
current demands for a new law that would overturn the current practice
of appointing judges to the SJC by the Ministry of Justice and replace
it with election by court general assemblies. The core demands of
the judges are an autonomous, elected SJC that manages the affairs
of the judiciary and the retention of the Judges' Club as a separate
professional association. [15]
The 2005 elections merged two parallel judicial struggles:
the quest for clean elections and the quest for judicial independence.
Rulers, Rules and
Resistance
Contests
over election procedures were as central to the 2005 elections as
their often surprising outcomes. While the executive branch and
the NDP devised legal rules and institutions that they said would
guarantee fair elections, the Judges' Club, domestic monitoring
groups, and the independent and opposition media met the rules not
only with withering criticism but concerted action and legal challenge.
The government began its legal maneuvering a year before the elections,
moving to shut down the controversy over who gets included in the
definition of a judicial body. In a highly publicized request for
interpretation, President Mubarak referred the matter to the SCC.
On March 7, 2004, the SCC, headed by Mamdouh Mar‘i, returned
an opinion that shocked legal experts. Mar‘i argued that government
attorneys and administrative prosecutors are indeed part of legitimate
judicial bodies and as such can be entrusted with supervising elections.
An NDP politician praised this and a package of other SCC decisions.
“The verdicts will greatly help the organization of next year's
parliamentary elections in a climate clear of any irregularities
or disputes which used to mar previous elections, and which the
opposition exploited to charge that elections are rigged.” [16]
Meanwhile,
on March 12, 2004, judicial discontent reached a fever pitch
with an extraordinary general assembly convened to deliberate on
an unprecedented intra-judicial incident. Fathi Khalifa, president
of the SJC, had issued a written “warning” ( tanbih ) to
senior judge Husam al-Ghiryani for “disparaging the decisions of
the SJC.” Judges were affronted by the transparent attempt to silence
an esteemed judge, and al-Ghiryani received a prolonged standing
ovation. The incident rekindled debate over the purview of the SJC,
and the stage was set for conflict during 2005.
In
2005, the judges' first public signal that they would have no truck
with fraudulent elections came in a rousing April general assembly
meeting of the Alexandria Judges' Club in which al-Ghiryani and
others took the podium to assert that they would stand strong against
falsifying voters' will. A month later in Cairo, on May 13,
thousands of judges from all over Egypt met in an extraordinary
general assembly to specify their conditions for clean elections
ahead of the May 25 referendum on amending Article 76 of the
constitution.
The
violence against protesters of the Kifaya (Enough) movement on referendum
day captured international headlines, but the government insisted
on the orderliness of polling in the rest of the country and claimed
a turnout of 54 percent. The day's events led to weekly protests
on Wednesdays by Kifaya and its supporters that lasted throughout
the summer, drawing much media attention and varying levels of popular
protest. But what was soon dubbed “Black Wednesday” by the opposition
spawned two additional instances of election-related mobilization.
English teacher Ghada Shahbandar founded a cyber-savvy, independent
citizen monitoring group called Shayfeenkom (We See You) to oversee
the autumn presidential and parliamentary poll. Then, in July, the
Judges' Club issued a report based on its fact-finding mission on
conduct of the referendum, the first report of its kind. The nine-page
document challenged government turnout figures and claims of full
judicial supervision, finding that auxiliary polling stations were
still manned by government clerks and that real turnout ranged from
3–5 percent. The report included testimonials by some judges and
legal officers who admitted to faulty procedures. [17]
Amending
the constitution to allow for direct multi-candidate presidential
elections was the centerpiece of the Mubarak government's political
strategy in 2005, though no one in Egypt or abroad expected a real
contest. The surprises lay elsewhere: in Ghad Party president Ayman
Nour's garnering of second place with 7 percent of the vote, and
the enormous fuss raised over the election management body. While
the state-owned press reveled in the simple citizens who expressed
gratitude and delight with President Mubarak by filing applications
for presidential candidacy (including one woman), domestic monitoring
groups and the opposition pored over the details of election procedure.
Law 174/2005 on presidential elections established a Presidential
Election Commission (PEC) headed by the selfsame Mamdouh Mar‘i,
four judges and five “public figures known for their impartiality,”
to be chosen by both houses of Parliament. Critics charged that
not only was the inclusion of “public figures” a transparent move
to pack the PEC with government loyalists, but that the PEC's absolute
immunity from any form of oversight by any institution (Article
12) violated the constitutional right of litigation (Article 68).
Two
highly controversial actions by chairman Mar‘i galvanized public
mistrust of what came to be called the “imperial” PEC. First, Mar‘i
inexplicably decided to exclude some 1,700 judges from supervising
presidential elections. Then, he made a public statement disregarding
the September 6 administrative court ruling allowing civil
society groups to monitor the vote. A day later, Mar‘i reversed
his decision. That one of Egypt's three most high-ranking judges
would cavalierly dismiss a widely hailed court ruling and then abruptly
backtrack reinforced suspicions that the PEC was a legal front to
dilute full judicial supervision rather than an impartial management
body designed to bolster election integrity. As with the May 25
referendum, the Judges' Club issued a report in November detailing
its criticisms of the presidential elections. A report of the International
Republican Institute argues that the Club's report “deserves credit
for some of the procedural changes that were made in advance of
the parliamentary elections, including the removal of polling stations
from police stations, reducing the number of voters assigned to
each polling site to facilitate voting, and the use of indelible
ink in all polling stations.” [18]
The
parliamentary elections from November 9–December 7 saw
unceasing action by judges and monitoring groups to ensure a clean
vote, especially during the second and third phases when violence
by NDP supporters and security forces against opposition candidates
and voters led to 11 deaths. The leadership of the Judges' Club
consistently communicated its concerns to Minister of Justice Mahmoud
Abu al-Layl (head of a new Parliamentary Elections Commission),
monitored the situation on the ground in particularly hard-fought
electoral battles, and vigilantly invoked proper electoral procedures.
The most dramatic instance of this came on November 22, when
the Judges' Club issued a widely publicized statement framed as
“Egypt Judges Seek Army Protection.” [19]
In fact, the statement was invoking Article 26 of Law 73/1956,
which empowers the head of a polling station to call in police or
armed forces to maintain order. The statement surmised that since
police “were unable or unwilling to perform their duties, the Judges'
Club calls on the Election Commission to seek aid from the armed
forces to secure the conduct of elections.”
There
is only one certainty about future Egyptian parliamentary, municipal
and professional union elections. They will all feature conflict
between executive and judicial authorities over managing the poll.
Bound by the rules, executive authorities will seek to neutralize
judicial involvement and minimize unpleasant surprises. For their
part, bench judges and their allies will lean on the rules to justify
and expand their control. Moreover, the intensity of judicial mobilization
during future elections will be a direct reflection of the intensity
of conflict between the judiciary and executive over vital issues
of autonomy and control. Elections thus promise to be a time of
acute intra-state turf wars over the distribution of power between
state branches. There is already an emergent demand among judges
to give courts binding authority to settle disputes over parliamentary
membership (Article 93 in the constitution). Add this to an ambient
constitutionalist consensus on disciplining presidential powers,
and the irony is hard to miss. Like so many authoritarian projects
across time and space, elections in Egypt have become a fulcrum
of both rhetorical and material contention over the basics of regime
legitimacy and control.
Playing By the Rules
The
story of limited elections in Egypt is an object lesson in the subversive
potential of legal formalism. Originally designed to disarm challengers
and dress up electoral engineering in legal garb, electoral rules
have instead boomeranged on their tailors, anchoring rather than
fragmenting societal mobilization for clean polls. By insinuating
courts and judges into the electoral process, election rules have
spawned a cascade of unpredicted developments. In 2005, it was judicial
collective action on a scale unseen in Egypt's republican history,
and the largest share of opposition seats in parliament since the
1976 poll. In 2000, it was the SCC ruling on judicial supervision.
In 1995, it was the first effective monitoring effort by domestic
watchdog groups. In 1990, it was the first and only opposition boycott.
Yet
might not all this legal wrangling be ultimately ineffectual and
hopelessly drawn out? Indeed, one can argue that the struggles described
here are in fact good for the state's image, with minimal costs
for state power. [20] Short-term
turbulence does not shake resilient regimes, and momentary crises
are always allayed by shrewdly dispensed doles of cooptation and
repression. If one's interest is in dramatic, sudden, wholesale
regime change, then indeed Egyptian elections are insipid affairs,
of little consequence to regime survival but a useful sop to domestic
and international critics. However, regime dynamics are about much
more than the reductive poles of change or persistence. Ruling coalitions
and their strategies change, modes of societal interest representation
continually metamorphose, social conflict migrates to unexpected
arenas and changes at the margins can transform the center. The
Mubarak regime of 1984 is not the one of 1995, which is still more
distinct from the 2005 incarnation. The same man has occupied the
presidency for 25 years, but the regime he has steered and the complex
society they contend with are in perpetual construction, atrophy
and reinvention. Seen from this vantage point, elections are not
more of the same; they are hard-fought contests over the distribution
of social power within and beyond the state.
Authoritarian
regimes work by combining uncertain procedures with near-certain
political results. However, some of these regimes develop elaborate
judicial systems and legal procedures that may end up unwittingly
providing opportunities for varieties of societal petitioning. [21]
By insisting on the legal armature of limited elections, Egyptian
judges, opposition candidates and domestic monitors have worked
to undermine the authoritarian equation, establishing certain procedures
in order to maximize the uncertainty of results. In so doing, they
have demonstrated that in the details of authoritarian laws and
statutes lurks the devil of anti-authoritarian mobilization. “Form
creates content” ( al-shakl yikhlaq madamin ) is the oft-heard
refrain among Egypt's patient anti-authoritarians.
--
Endnotes
[1]
For more details, see the seminar convened
by the Egyptian Organization for Human Rights in May 2005 bringing
together judges and civil society activists to hammer out specific
procedural guidelines for elections. A transcript is accessible
online at http://www.eohr.org/press/2005/pr0508.htm.
[2]
The text of the
amended law can be found at the Arab Election Law Compendium, accessible
online at http://www.arabelectionlaw.net/eleclaw_eng.php?country=3.
[3]
Associated Press
, March 26, 2005; al-Ahram Weekly
, January 10–18, 2006.
[4]
International Republican
Institute, 2005 Parliamentary Election Assessment in Egypt,
November 15–21, 2005 (Washington, DC, 2005), p. 9.
[5]
Ibid., p. 12.
[6]
Supreme Constitutional
Court ruling on Case 11 in the Thirteenth Judicial Year, published
in the official gazette on July 22, 2000.
[7]
Al-Ahram Weekly
, April 4–10, 2002.
[8]
In preparation for
the 2005 elections, Judges' Club board member Ahmad Sabir detailed
his and other judges' experiences in 2000. See Ahmad Sabir, “Judges
Supervise Elections Despite the Absence of Guarantees,” al-Quda
(September 2003–August 2004). [Arabic]
[9]
Interview with Mahmoud
Rida al-Khudayri, Alexandria, January 7, 2006.
[10]
Tariq al-Bishri, “The Egyptian Judiciary
and the Ordeal of Elections,” in Yahya al-Rifa‘i, The Independence
of the Judiciary and the Ordeal of Elections (Cairo: al-Maktab
al-Misri al-Hadith, 2000), p. 203. [Arabic]
[11]
Videotaped proceedings
of the extraordinary general assembly convened at the Judges' Club
on May 13, 2005.
[12]
Interview with Ahmad
Makki, Alexandria, January 7, 2006.
[13]
Interview with Husam
al-Ghiryani, Alexandria, January 1, 2006.
[14]
Two key documents
are the recommendations issued after the first Justice Conference
in 1986, and the recommendations issued by the Judges' Club general
assembly on June 27, 1990. Both are reproduced in The Independence
of the Judiciary and the Ordeal of Elections , pp. 243–300.
[15]
Interview with Hisham
al-Bastawisi, Cairo, December 26, 2005.
[16]
Al-Ahram Weekly
, March 11–17, 2004.
[17]
The report was widely
published in independent and opposition newspapers and on the Internet.
See the full text in al-‘Arabi , July 3, 2005.
[18]
International Republican Institute, op
cit, pp. 10–11.
[19]
United Press International, November 23,
2005.
[20]
Holger Albrecht, “How Can Opposition Support
Authoritarianism? Lessons from Egypt,” Democratization
(June 2005).
[21]
Charles Tilly, Contention and Democracy
in Europe, 1650-2000 (Cambridge: Cambridge University Press,
2004), p. 57.
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