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“You can feel that the priority of the state isn’t to create an independent judiciary,” he says, noting that the government isn’t taking seriously the advice and suggestions of judges for how to approach reform.

Corruption is a particularly sensitive issue. In a 2013 survey by Transparency International, more than half of Tunisian respondents said they perceived the judiciary to be corrupt or extremely corrupt. And the fact that there have been very few prosecutions of old regime figures — despite considerable evidence of their involvement in systemic malfeasance — has helped to tar the image of the entire justice system.

relations between judges and the police, who cozily coexisted under the old regime, are now experiencing serious friction as the interests of the two sides diverge

Judges who enjoyed relative freedom from criticism in the old days now find themselves under newfound attacks from human rights advocates, who accuse the judiciary (and the police) of using the country’s harsh anti-drug laws to harass government critics. Zammit says that virtually all judges are in agreement that the law is overly strict, which is why they routinely issue only the mandatory minimum sentence to drug offenders. “If you don’t think someone should be prosecuted for marijuana, don’t criticize the police or judges,” Zammit says. “Change the law.” And that’s the job of elected lawmakers, not judges.

An Iranian filtering committee blocked Signal after it alleged the app hosted "criminal content". However, neither the government nor the judiciary, which both sit on the committee, are taking responsibility for the move. An Iranian judiciary spokesperson distanced himself from blocking Signal, saying it had not "blocked any media, news outlet or messaging service" since 2019.  The "Identifying the Criminal Content Working Group" consists of six government ministers and seven officials from other authorities.

Signal was previously blocked between 2016 and 2017. It joins Telegram, Twitter, Facebook and YouTube, which Iranian authorities have also blocked. 

An analyst close to the government told Middle East Eye the judiciary and hardliners were determined to make Iranians pessimistic about reformist candidates ahead of June's presidential elections.  "As Rouhani is close to the end of his tenure, the judiciary and hardliners are determined to make sure Rouhani has no encouraging legacy to make people totally pessimistic about reformists and moderates," said the analyst.  Rouhani has two legacies, according to the analyst: "One is the 2015 nuclear deal, which is somehow in intensive care, and the other is his striving to keep social networks open and unblocked."

Egypt's judicial structures were built under nondemocratic systems; their credibility and independence rested in the past on the very uneven extent to which they could wall themselves off from autocratic rulers. But the challenge today comes from bodies (the presidency and the parliament) that have very serious democratic credentials. What institutional reconfiguration does that require? How can the judiciary be made to serve a democratic order without being the tool of any particular party (even a majority one)? These are questions that Egyptians should have discussed and decided, but instead they will have to make do with answers that that flow only from short-term political maneuverings.

With a parliament and a presidency possibly in the hands of like-minded political forces, the demand for robust oversight and accountability might be much greater than the supply

In March, for example, two journalists were arrested on charges that they had been in contact with military officers who were plotting to overthrow the government. Soon afterward, several thousand people marched down Istanbul’s main street protesting the arrests. They held placards reading “Free Press, Free Society,” and “Turkey Rates 138 in Press Freedom”—a reference to a recent ranking by Reporters Without Borders.The next day, Erdogan delivered a speech in Istanbul. It was an ideal moment for him to reassure panicky citizens and foreigners worried about press freedom in Turkey. Instead he denounced defenders of the arrested journalists, accusing them of launching a “systematic defamation campaign against Turkey” shaped by “evil-minded intentions and prejudices.”This demagogic language disturbs many Turks, including some who admire what Erdogan has achieved. “I have never been as positive and enthusiastic as I am now,” one of the country’s visionary business leaders, the octogenarian Ishak Alaton, a lifelong human rights campaigner, told me in his office overlooking the Bosphorus. But he also lamented that Erdogan has begun to govern with “the sense that he’s invulnerable and omnipotent and all-powerful.”

None of the dozens of people I met during a recent visit suggested that Turkey is in danger of slipping toward Islamist rule. Turkish society has defenses that most Arab societies lack: generations of experience with secularism and democracy, a growing middle class, a booming export economy, a still-lively press, and a strong civil society based in universities, labor unions, business associations, and civic, human rights, and environmental groups. The emerging conflict in Turkey is not over religion, but styles of power.

Partly because the EU has slammed its door in Turkey’s face, Erdogan’s government has been looking elsewhere for friends. This has helped draw Turkey away from half a century of subservience to Western foreign policy. Its first act of defiance came in 2003, when parliament voted against allowing American troops to invade Iraq from Turkish soil. Since then, Turkey has broken ranks with the West on two important issues. It favors negotiation with Iran and stronger pressure on Israel to change its policies in Gaza and the West Bank.

Banu Eligur, who has taught courses on political Islam at Brandeis University and is the author of The Mobilization of Political Islam in Turkey, believes that Erdogan’s government has “mobilized against the secular-democratic state” by naming pious Muslims to be “high-ranking civil servants in public administration” and by bullying the press, the judiciary, and universities. In fact, much of what Erdogan is doing seems popular. A recent opinion survey taken by an outside group found 62 percent of Turks in favor of Erdogan’s foreign policies. In another, when people were asked to rate their level of religious belief on a scale of one to ten, 71 percent rated themselves at seven or higher. In Turkey, Islam, Nationalism, and Modernity, the historian Carter Vaughn Findley observes that Erdogan’s government has surpassed the old secular establishment “both in recognizing the value of a religiously neutral government as a guarantee of pluralism and in espousing the reforms required to advance Turkey’s EU candidacy”

. The plot to destabilize the country, and the cases connected to it, are popularly known as “Ergenekon,” a reference to a mythic Turkic homeland and the name that plotters allegedly gave to their subversive plan. Mike King Many Turks greeted the opening of this case with both astonishment and jubilation. Investigating the military and its corrupt allies in the judiciary and bureaucracy was widely seen as a major step toward consolidating democracy. As the case has dragged on, however, it has taken on a different tinge. The authenticity of some incriminating documents has been challenged. Prosecutors have cast their net so widely that people have begun to wonder whether the true purpose of the case is to punish conspirators or to intimidate critics of the government. Since the government has been slowly replacing prosecutors with people it favors, there is suspicion that politics is once again intruding into the judiciary.

“I can no more believe these two guys were part of Ergenekon than I can believe Obama is part of the Ku Klux Klan,” said Hakan Altinay, a former director of the Open Society Foundation in Turkey, which is supported by George Soros. “It’s an important episode for left-liberal opinion, which has up to now been part of this government’s core support. It’s a tipping point.”If intimidation is a goal of this case, it may be working. “I wonder, is my phone tapped?” a young journalist told me at the end of an interview in Istanbul. “Should I censor myself?”

In Streets of Memory, a recent study of cultural attitudes in an Istanbul neighborhood that was a jumble of nationalities, Amy Mills writes:The price of belonging, in Turkey, comes at a cost—the forgetting of particular histories at the expense of the frequent retelling of others and the silencing of particular memories that cannot entirely be repressed. She finds troubling evidence of “polarization in thinking about national identities and minority histories.” People shy away from recalling, for example, the infamous pogrom in 1955 when rioters backed by police attacked homes and businesses owned by Greeks, Armenians, and Jews. But she also notes “an increasing curiosity and desire among Turkish citizens to learn more about places and pasts in Turkey.”

Attacking the government on sensitive issues like Kurdish rights, criticizing its handling of the Ergenekon case, and ridiculing Erdogan personally are not the only ways Turkish journalists can endanger themselves these days. There is another subject some fear to probe too deeply: the power of Fethullah Gulen, a shadowy but immensely influential Turkish religious leader. From a secluded estate in Pennsylvania, where he moved to escape possible prosecution for alleged antisecular remarks in the 1990s, Gulen directs a worldwide movement that is one of the most remarkable forces in modern Isla

This movement may be, as its sympathizers insist, a benign force that stabilizes Turkish life. But some Turks mistrust it, and their suspicion deepened when it turned out that one of the journalists arrested in March, Ahmet Sik, was about to publish a book about its rising influence called The Imam’s Army. Police confiscated advance copies. The text, which among other things alleges that Gulen sympathizers dominate the Turkish police, quickly appeared on the Internet, setting off what one blogger called “a frenzy of downloads.”

The mayor, Yilmaz Buyukersen, a former university rector, told me that while some other Turkish cities are not as open to pastimes like late-night drinking, he has no doubt that Eskishehir represents Turkey’s future. Like many Turks who are not part of the ruling party or the Gulen movement, though, he worries about what is happening in Ankara.“Reading the newspapers depresses me,” he said. “Everything is about accusing, arguing, fighting.”There is pressure on the press, on labor unions, on professional organizations, on NGOs, on universities. The justice system responds to the ruling party. All of this creates fear in people’s minds. But I’m still optimistic. The new generation is aware of everything, open to the world, and totally in favor of freedom and democracy. Journalists and others are resisting the pressure they’re under. There is absolutely no going back.

Erdogan’s party won 326 seats in the 550-member parliament. This was far short of the 367 that would have allowed him to push through whatever constitution he wished, and also shy of the 330 that would have allowed him to call a referendum on a draft of his own. So his triumph at the polls was mixed and his authority is not absolute.

In a decree issued late on Tuesday, Saied sacked Brigadier-General Judge Tawfiq al-Ayouni, who headed the military courts.  The president also dismissed a number of senior government officials, including the secretary general of the government, the director of the prime minister's office and a number of advisors.

the Supreme Judicial Council rejecting Saied's decision to place himself as the effective senior law officer of the government.  The council said in a statement after meeting with Saied that they emphasised the independence of the judiciary and "the need to distance it from all political disputes, and that judges are independent, and there is no authority over them in their judiciary except the law, and they carry out their duties within the scope of the constitution".

Algerian President Abdelmadjid Tebboune has told both Saied and leading opposition politicians that Algiers will not accept Tunisia falling under Egypt's political and military influence

Algeria regards both Libya and Tunisia as its legitimate spheres of influence. Algeria will be especially concerned about the presence of Egyptian security officers in the palace in Carthage on Sunday.

In January, Mechichi changed 11 ministers as part of a reshuffle which was widely seen as replacing allies of Saied with those of Ennahda and Heart of Tunisia. Saied, however, refused to invite the new ministers to swear the oath of office, stating that the changes were marred by "violations".

In Lebanon, the transition out of war in 1990 only perpetuated what had existed during the conflict. The main sponsor of the postwar order was not the Lebanese state, as it had been the state in Italy, but the Syrian regime. This allowed most of the sectarian militia leaders to shape the peacetime republic around their political and financial interests and patronage networks, which the Syrians were more than happy to endorse, as they too extracted tremendous rent from the corruption of Lebanon’s reconstruction period. Rather than resting on an understanding between the state and a criminal element, postwar Lebanon was entirely dominated by a sectarian political leadership that had sustained itself financially during the war years through criminal economic behavior.

at the heart of successful criminal commonwealths is a pact between those who govern and those who commit crimes, so that the criminals take on certain responsibilities of the state, and the state relies on assistance from the criminals for what is legally prohibited

In Lebanon, however, we approximate a more perfect criminal republic. Here, the ones committing the crimes are those actually in senior positions of authority. They have infiltrated all state bodies, the security and national defense institutions, the judiciary, educational establishments, even sporting federations. So perfect are their crimes, in fact, that many of their actions are not regarded as criminal by most people in society. The Lebanese will blandly mention the politicians’ “patronage networks,” but under any lawful political system plundering the state to bolster one’s own political fortunes would be considered illegal.

"We are outraged and very concerned about the court's harsh decisions against the employees of the Konrad Adenauer Foundation in Cairo and the order to close the office," said German Foreign Minister Guido Westerwelle. "The course taken by the Egyptian judiciary is very worrying. It weakens civil society as an important pillar of democracy in the new democratic Egypt."

The U.S.-based groups were training Egyptians in advocacy, voter education and election monitoring. The Muslim Brotherhood, banned under Mubarak, has come under fire for proposing new regulations that would severely restrict independent groups. Seeking to ease the concerns, President Mohamed Mursi last week submitted a new draft law to parliament. But Western and Egyptian critics say the draft still falls short. The EU, a major donor to Cairo, said on June 2 it would unnecessarily constrain the work of NGOs in Egypt, while Washington said the bill imposed significant government controls on the activities and funding of civic groups.

I have certainly found some judges who are already troubled by the enthusiasm displayed by some of their colleagues for the counterrevolution (my term, definitely not theirs!)

what I have referred to as the “Balkanization” of the Egyptian “wide state,” a phenomenon that renders the judiciary overly isolated from the entire society rather than just walled off from executive interference and partisan politics

Egypt’s legal framework, the one that judges take such pride in upholding, is deeply authoritarian ­– since all of its lawmakers have been authoritarian. Laws governing civil society, political life, the press, states of emergency, local government, religion, education, or virtually any feature of Egyptian life have been written in a way that augments state authority and undermines or bypasses accountability to democratic mechanisms. And this has often been done in a manner sufficiently vague as to turn many citizens into potential criminals when they undertake what they might see as normal activities

Egypt’s judicial system is dependent not only on its own integrity and judgment but also on the evidence gathered and presented by the security apparatus – an apparatus that has shown little sign of integrity and judgment in recent decades. Cases are investigated and prosecuted by the public prosecution, to be sure, and the public prosecution is a judicial body. But when various security forces turn over cases involving outlandish plots – such as the one implicating Emad Shahin – the public prosecution seems at least so far to go along with the game. And I do not see any sign of any political desire to rein in the security services now.

Torture and degrading treatment continue to be systematically practiced against Egyptian citizens

The president and his party undertook a campaign to attack freedom of the press through statements aimed at reducing the relative freedom which is currently allowed and by submitting various complaints to the investigative authorities against journalists and other media professionals. [4] Moreover, representatives of the president’s party in the constituent assembly supported the inclusion within the new constitution of provisions which allow for such repressive practices against the media, including the detention of journalists.

protests have repeatedly been suppressed through excessive use of force

police and the security establishment continue to shirk their legal responsibility to protect political and social protests and have been complicit in crimes of rape and sexual assault against female protestors

a new draft law on civil society associations which would eliminate the already limited margin available for forming associations, especially human rights organizations

National Council for Human Rights (NCHR) lacks independence, as the majority of its members belong to the ruling coalition. Indeed, a number of its members are well-known for their hostility towards human rights, and some of them use sectarian political speech publicly, including language inciting to hatred and violence against both Muslim and non-Muslim religious minorities. Given the NCHR’s current composition and its practices to date, it is clear that the current purpose of the NCHR is to conceal or downplay human rights violations, rather than to expose and condemn them, as well as to enhance the image of the government before the international community. While the NCHR suffered perpetually from a lack of independence under the Mubarak regime, it has now completely lost all semblance of independence and has become an indirect platform for some of its members to publicly incite against human rights

The responsible agency treats the National Archives like a state archive, not a national archive owned by and serving the public.

The situation at the National Archives is reflected in all public institutions. Their mandate is not to serve the public, but to subject them to constant surveillance.

the security mentality in countries that respect the public is countered by a mentality that pushes back in the opposite direction, that respects the right to privacy, academic research and free expression. This mentality circumscribes the security mentality with numerous legal and administrative regulations.

In Egypt the security mentality runs amok. Just mentioning national security is enough to shut down a conversation instead of initiating it. Voices defending academic freedom and the freedom of research are few and far between (though brave and strong) — most importantly the March 9 Movement (a working group on university independence), the Association of Freedom of Thought and Expression, and the Egyptian Initiative for Personal Rights.

Field research is infinitely more difficult. If a researcher wants to conduct a field study or distribute a questionnaire or opinion survey, she needs the approval of the Central Agency for Public Mobilization and Statistics (CAPMAS). Its very name shows the perceived intimacy of the association between knowledge and the war effort.

When I first saw Giulio Regeni’s photo on Facebook, when he was still missing, my heart skipped a beat. A foreign researcher who speaks Arabic fluently, living in Dokki and moving about the city at will, one who is working on the extremely sensitive topic of workers’ right to form independent unions, and one who is also a political activist who writes anti-regime articles for a communist paper under a pseudonym. If the security authorities knew of him, I thought, they would consider him a spy.But Giulio wasn’t a spy. He was a doctoral student. I never met or corresponded with him, but I know Giulio and know him well. He’s like the students I’ve taught for 20 years. Having now read and become familiar with his work, I can say that not only is he not a spy, he’s an exemplary student, one who loved Egypt and Egyptians and made efforts to help them.

we know that we’re living one of the worst moments of our modern history and that our rights, liberties and lives are under threat at all times by our own government.We know that our government, in the name of defending national security, has attacked universities and killed students demonstrating on campus. We know that our government, in the name of defending national security, has shut down the public sphere, appropriated political activity, and prevented people from expressing their opinion and peaceful demonstrating — unless the demonstration’s purpose is to give Abdel Fattah al-Sisi a mandate to do whatever he likes.

waging war on civil society organizations, accusing them of foreign collaboration, treason and getting rich off foreign funding. But it’s the government itself, specifically the army, that is the biggest beneficiary of foreign funding. No one dares make a peep about that.

arrested tens of thousands of members of Islamist groups and sentenced hundreds of them to death in trials lasting just a few minutes, trials that dealt a mortal blow to the integrity of the Egyptian judiciary and people’s faith in it

arrested hundreds of journalists, writers and political activists, and sentenced them to years in prison

we, the people, the true owners of this country, are insisting on knowing what happened to Guilio Regeni and are holding on to our right to be consulted about our own national security.

“The legal criteria in shutting down any station would be based on its content and on whether or not it is viewed as blasphemy or incitement against any religion or belief."

Human rights activist and lawyer at the Association for Freedom of Thought and Expression, Ahmed Ezzat, told Deutsche Welle in 2012 that the law does not criminalize embracing or promoting the Shiite faith. Shutting down any Shiite channel or prosecuting any promoter of the Shiite ideology would be based on a broad application of the law against blasphemy of religions, he said.

“Shiite channels have been operating for years and have not caused strife or crises that Salafist channels ignite. This is because Shiite channels do not incite to violence and bloodshed and do not declare others to be infidels.”

“some Salafist channels, such as al-Hafez and al-Nas, were shut down in 2013.”

“What is happening is a part of the chaotic media and religious discourse. There are 121 religious channels broadcasting via Nilesat, including more than 60 Shiite channels, some of which explain Shiite ideas in a moderate way," he said. "Others are extremist and incite against the Sunni sect. Sunni channels respond also to such incitement with counterincitement. Thus, all extremist channels — be they Shiite or Sunni — need to be taken down.”

many Shiite channels are not at loggerheads with the state institutions, but rather with some Salafist parties.