Comment
0
Tweet
0
Print
RSS Feeds

Egypt court challenges Morsi over top prosecutor

Wednesday - 3/27/2013, 4:56pm  ET

FILE - In this Friday, July 13, 2012 file photo, Egyptian President Mohammed Morsi holds a joint news conference with Tunisian President Moncef Marzouki, unseen, at the Presidential palace in Cairo, Egypt. An Egyptian appeals court on Wednesday, March 27, 2013 annulled a presidential decree appointing the top prosecutor in a new challenge by the judiciary to Islamist President Mohammed Morsi that throws the country’s legal system into confusion. The dispute is rooted in a series of controversial decrees Morsi issued in November that sparked widespread protests. In them, he decreed that the prosecutor general could serve in office for only four years, with immediate effect on the post’s holder at the time Abdel-Meguid Mahmoud, in place since 2006. (AP Photo/Maya Alleruzzo, File)

SARAH EL DEEB
Associated Press

CAIRO (AP) -- An Egyptian appeals court on Wednesday annulled a presidential decree appointing the top prosecutor in a new challenge by the judiciary to Islamist President Mohammed Morsi that throws the country's legal system into confusion.

The unprecedented verdict against the decree, which Morsi issued in November, brought to the surface how Egypt's stormy post-revolution transition has profoundly snarled the lines of authority and law, leaving unclear the boundaries between powers of the president and the judiciary and who has the ultimate say in interpreting a deeply disputed constitution.

It also opens a new phase in the political fight between Morsi and his Islamist backers on one side and his mainly liberal and secular opponents on the other, a fight into which the judiciary has repeatedly been dragged in the past year.

Morsi supporters say the judiciary remains in the control of supporters of the regime of ousted leader Hosni Mubarak, warning that they are seeking to derail the country's democratic transition and undermine the president's authority.

Morsi's opponents say the elected president has continuously defied legal norms to force through his agenda and trampled on the judiciary's independence in a bid to consolidate his power. The courts are the sole branch of government not under the dominance of Morsi's Islamist allies, although he does have some backers.

Most legal experts argued that the decision is effective immediately and that the top prosecutor must be removed. If not, the current prosecutor has no powers to issue arrest warrants or refer cases to court, bringing the country's legal system to a halt, said constitutional law professor Mohammed Hassanein Abdel-Al.

"It is unprecedented in the history of Egypt to question the legitimacy of the top prosecutor," Abdel-Al said. "The president must correct the course."

In a brief statement, the presidency said that it is waiting for the court to issue its reasons for the ruling before taking a decision. But Morsi's supporters insisted the verdict violates the constitution and is likely to be shot down on appeal.

"This is an invalid ruling. It violates the constitution," said Abdel-Moneim Abdel-Maksoud, the legal adviser of the Muslim Brotherhood, the group from which Morsi hails.

The dispute is rooted in a series of controversial decrees Morsi issued in November that sparked widespread protests. In them, he decreed that the prosecutor general could serve in office for only four years, with immediate effect on the post's holder at the time, Abdel-Meguid Mahmoud, who was in place since 2006. Morsi replaced Mahmoud with Talaat Abdullah, a career judge, and swiftly swore him in.

At the same time, Morsi decreed that the judiciary could not reverse his decisions. The decrees were largely aimed at preventing the courts from blocking the drafting a new constitution by a body dominated by Morsi's allies. The Islamist-backed charter was then rushed through a public referendum in December.

Many Egyptians, including revolutionary activists, had wanted Mahmoud's ouster, since he was seen as a diehard supporter of Mubarak. But Morsi's decrees and his unilateral naming of a replacement prompted public outrage and criticism, including by many in the judiciary, that he was neutralizing the courts in a power grab. Morsi later lifted the decrees, but their results remained in place.

The question remained unresolved over which has precedence -- Morsi's decrees or rulings by the courts.

Wednesday's ruling deepens the dispute over this question.

The Cairo appeals court, a unit specializing in complaints by judges and lawyers, ruled in a case filed by the sacked prosecutor, Mahmoud. It said that Morsi's decree appointing Abdullah "is considered void and all that came of it."

A member of the court, Mohsen el-Baz, told the Al-Jazeera Mubasher Misr TV station that the ruling found that Abdullah's appointment violated laws requiring that the country's top judicial body, the Supreme Judicial Council, approve the choice.

He said the ruling means the sacked prosecutor general, Mahmoud, is to return to his job, but added the verdict could be appealed within two months to Egypt's highest court, the Court of Cassation.

A top aide to Abdullah, Hassan Yassin, told the Turkish Anadolu news agency that the top prosecutor will remain in his post, protected by the constitution, which sets his term at four years. Yassin said Wednesday's verdict was "full of loopholes" and will be appealed.

Abdel-Al, the constitutional scholar, said the verdict calls into question all decisions Abdullah has taken or takes subsequently and could put courts and police on hold in terms of implementing prosecution decisions. Abdullah has been sharply criticized by Morsi opponents who say he is beholden to the president, particularly after he ordered the arrest of five prominent anti-Morsi activists following recent violent protests.

   1 2  -  Next page  >>