CAIRO: President Abd Al-Fatah Al-Sisi decided Thursday to dismiss Judge Waleed Mohamed Rashad Sharaby from the North Cairo Court, banning him from working in any judicial body again, Youm7 reported.
Youm7 added that Judge Sharaby is known for supporting the Muslim Brotherhood group and the National Alliance Supporting Legitimacy.
Judicial bodies in Egypt are known to be independent as no higher authority is supposed to interfere in their work, this includes dismissing, hiring or commenting on their final verdicts, as the Egyptian law states that “judges are independent, can’t be dismissed and no authority is above them as they work according to the law. Any questioning should be among the organization in a way that preserves judicial independence.”
The dismissal of Judge WaleedSharaby raised the question if is this decision was legal and didn’t skip any political steps, or violate the law that guarantees judicial independence, even if said judge was known for supporting a particular political party.
Head of the Criminal CourtJudge Ahmed Haroun told The Cairo Post that a judge is not supposed to have any political activity, whatever the party he tends to defend or support is, but Judge Sharaby was known to be a huge supporter of the Muslim Brotherhood and a member of the National Alliance Supporting Legitimacy, which calls for the return of former president Mohamed Morsi.
Haroun added that despite all that, “a judge couldn’t be dismissed by anyone.”
“When the judge does something that is considered irregular according to the law, he should be referred to the disciplinary board that is part ofThe Supreme Judicial Council, which then investigatesthe case and decides whether the accused judge is guilty and should be referred to another civilian job, retired or acquitted of all charges,”Haroun explained.
He clarified that the president’s final verdict is an “executive” decision, as even the president doesn’t have the authority to dismiss a judge, and that’s what happened inJudge Sharaby’s case.”It’s the same when the president issues a similar decision to hire someone as a judge or in the state council, he doesn’t actually hire or dismiss, he issues an executive decision for The Supreme Judicial Councilto review and apply.”