海角大神

An independent judiciary is often seen as indispensable for the healthy functioning of a democracy.

So it may come as a surprise to the casual observer that in Egypt, where the judiciary has appeared to do the bidding of authoritarian President Abdel Fatah al-Sisi 鈥� suppressing dissent, jailing thousands, sentencing Islamists to die by the hundreds 鈥� the massive bureaucracy does have some independence. But it is better understood to be acting in its own self interest and that of its members.

Since the overthrow of Islamist President Mohamed Morsi in July 2013, more than 40,000 people have been arrested. Egypt鈥檚 prisons are choked with inmates, and mass trials have become the norm.

In June last year, the most infamous聽鈥渉anging鈥澛爅udge of all 鈥� 聽Mohamed Nagy Shehata 鈥� jailed three Al Jazeera journalists on charges that many decried as deeply flawed. More recently, he has handed down hundreds of death sentences against supporters of the banned Muslim Brotherhood, the movement聽that had聽carried聽Mr. Morsi to power.

But legal experts caution against interpretations that dismiss these decisions as a product of pressure from the top 鈥� they say Egypt鈥檚 judges are following their own interests, in line with a culture that prioritizes stability and security. In some instances, political analysts say, the courts鈥� actions are even costly to the regime.

鈥淚t doesn鈥檛 seem the jail sentences are costing the聽authorities internally 鈥� their political capital seems unaffected,鈥� said聽H.A. Hellyer, a nonresident fellow at the Brookings Centre for Middle East聽Policy and Royal United Services Institute. 鈥淥n the international stage, that鈥檚 a different matter聽entirely.鈥�

Dr. Hellyer points to the fact that media outlets and聽human rights groups聽continue to publicize the judiciary's harsher sentences, with a knock-on impact on Egypt's international image 鈥渢hat鈥檚 not going to stop anytime soon,鈥� he says.

鈥淐o-opted and independent鈥� is how Sahar F. Aziz, an associate professor of law Texas A&M University, described the relationship between the judiciary and presidency in a recent paper.

Historically, the judiciary has been both a friend and a foe of Egypt鈥檚 presidents.聽Like the Interior Ministry that controls the police, it is a giant bureaucracy that owes its size and power to an era of socialist-style nation-building under Gamal Abdel Nasser.聽Although judges have rubber-stamped policies and power grabs of successive dictators, they have also reacted fiercely when their power has been challenged

Morsi spent his final months in power at loggerheads with the judiciary, after they pushed back against his attempt to push thousands of Mubarak-era judges into retirement by lowering the maximum age for judges.

Many judges are former police

The tumult of Egypt鈥檚 2011聽revolution threatened to do just that,聽subjecting聽the judiciary鈥檚聽nepotism聽and lucrative bonuses聽to scrutiny,聽Ms. Aziz argues. In the years that have followed, the institution has thrown its weight behind聽those聽powers that will help them maintain these聽practices. For now, that is the Sisi regime.

In March, a judge in the Nile Delta city of Zagazig underscored this message with a flourish. Before acquitting eight senior police officials accused of killing protesters, he began with a heartfelt speech to the accused.聽鈥淵ou have to know that you are not defendants, you are heroes,鈥� he said.

The judiciary鈥檚 mentality is determined by a host of structural factors, relating to who the judges are, and where they hear their cases. The judges are often former policemen.

Some lawyers say their families received background checks from state security before they were assigned to their first job.聽

Defense attorneys say this bias often makes cases difficult to argue successfully.

Trials held in prisons, police stations

鈥淎 person who has served the state for that long, can't suddenly switch sides and move to serve justice,鈥� says one聽lawyer, Ahmed Ramadan. 鈥淗e rules with the eyes of the state and the mindset of an officer."

For many of these former security officials, trials are now taking place on home turf. As Egypt鈥檚 judicial system has struggled to cope with the sheer volume of prisoners being tried everyday, sensitive cases are frequently held within sprawling prison complexes, and even police stations.

鈥淵ou can't raise a case against your neighbor and then have the trial at his place,鈥� says Mr. Ramadan.

There is evidence to suggest that Sisi鈥檚 office has sometimes exerted pressure of its own. Last December, a leaked recording appeared to capture Abbas Kamel, Sisi鈥檚 chief of staff, and Mamdouh Shahin, an Army general and the military鈥檚 chief legal adviser, discussing a controversial case. 鈥淚鈥檒l speak to the judge,鈥� Shahin promises. 鈥淒on鈥檛 worry."

But more often, experts say, such pressure is unnecessary.

鈥淭he law itself is often authoritarian in content and it leaves tremendous discretion in security matters to security officials and the prosecutor general,鈥� says Nathan Brown, a political science professor at George Washington University, adding that more subtle ways to influence the system include choosing which judge takes the cases, and how evidence is handled.

'The judiciary is a family'

In Egypt鈥檚 legal system, judges play an inquisitorial role, supervising the collection of evidence and directly questioning suspects in court.

鈥淲e thought this whole system would change [after the revolution], but it can鈥檛 be changed from the inside,鈥� says Hayam al Ganayny, a lawyer working on a campaign to increase female representation within the profession. 鈥淭he judiciary is a family. Who will change it among them?鈥�

But there are still flashes of hope for the thousands of prisoners passing through Egypt鈥檚聽court system. According to聽Professor聽Brown, Egypt鈥檚 long and complex appeals system offers numerous opportunities for sentences to be reduced or dropped altogether.

鈥淎s they work their way through the system, there will be opportunities for more professional and level-headed judges to have their say,鈥� says Brown.

But until that point 鈥� if it ever comes 鈥� attorneys say the best defense is not a keen study of the evidence.

鈥淎 good lawyer knows law,鈥澛燫amadan says.聽鈥淎 better one knows a judge.鈥�