منطقة إعلانية

منطقة إعلانية



منطقة إعلانية





حين ينفصل الحق عن العدل


بقلم : معتز بالله عبد الفتاح – الوطن

الحق من الحقيقة، والمفروض أن الحقيقة الكاملة تفضى بنا إلى العدل الكامل إذا كانت أدوات رصد الحقيقة وضبط الحق سليمة والقائمون عليها يتصفون بالحيدة والنزاهة.

فى بعض اللحظات ينفصل الحق بحقائقه عن العدل بنزاهته فننتهى إلى مواقف صراعية كالتى نحن فيها الآن.

هذا الحكم غريب فى مضمونه، غامض فى أسبابه، غبى فى توقيته. أقول هذا مع حرصى الدائم على احترام البقية الباقية من مؤسسات الدولة حتى لا ينهار كل شىء. حكم سيكون مدعاة للطعن من النيابة، ومدعاة للاستئناف من الدفاع، ومدعاة للتظاهر من الثوار، وسيوظف بالضرورة انتخابيا لصالح الدكتور محمد مرسى.

لست خبيرا قانونيا، ولا أود أن أحمّل هيئة المحكمة فوق ما تطيق، لأنها تحكم فى حدود ما يتوافر لها من أدلة، وهى تسير على قواعد قانونية هى بطبيعتها تعبر عن قواعد العمل فى الدولة المصرية خلال فترة حدثت ضدها ثورة. وقد ناشدتها، وفعل غيرى، أن ترجىء النطق بالحكم إلى مرحلة ما بعد الانتخابات تحت أى مبرر كان، وفى القانون يقينا سعة، لمن أراد التوسعة.

القراءة السياسية تقول إن التوقيت خاطىء بغض النظر عن مضمون الحكم، وأتذكر أننى قلت تكرارا إن تأجيل عمل اليوم إلى الغد إجمالا ليس فضيلة إلا فى حالات استثنائية هذه كانت واحدة منها.

وحتى لا يحاكمنا التاريخ على غير حق، فقد أعطى المصريون القضاء الوطنى الطبيعى حقه كاملا وفرصته غير منقوصة؛ فأنتج حكما يجمع بين الحيرة والشك مرتديا ثوب العدالة، بما قد يفتح الطريق لمحاكمات استثنائية فى المستقبل، كنا نتمنى أن تكون جزءا من زمن ولى، ولكن النظام القضائى الحالى يقول ضمنا: «العدل قرين الاستثناء».

هذه المحاكمة بما أنتجته من ردود فعل، تفتح ثلاثة ملفات كبيرة وهى أولا لأى مدى ستنجح مؤسسات الدولة المصرية فى استيعاب استحقاقات الثورة التى لم تنتقل من الميادين إلى الدواوين؟ حيث إن قواعد العمل فى الدولة المصرية لم تتغير حتى الآن لتلائم تطلعات الجيل الجديد الذى أطلق شرارة الثورة.

ثانيا، وبناء على النقطة السابقة، فإن ثورة الإحباطات المتزايدة ترتفع نيرانها بين نفس قطاعات الشباب التى أشعلت الثورة فى البداية، بما يعنى أن الظروف الموضوعية للثورة لم تزل قائمة، وفى هذا خطر كبير على مستقبل البلاد.

ثالثا، مستقبل الانتخابات الرئاسية وعملية تسليم وتسلم السلطة أصبح على المحك، فالتظاهر حق مكفول طالما التزم بالسلمية، ولكن المعضلة الآن هى أنه تظاهر ضد حكم قضائى قبل أسبوعين من انتخابات الإعادة التى سيكون القضاء نفسه طرفا فى الإشراف عليها. وإذا كان هناك من شكوك يثيرها البعض بشأن مدى استقلالية القضاء، مع يقينى باستقلال أغلب القضاة لأسباب تتعلق بنزاهتهم الشخصية، فإن الخوف من تزوير الانتخابات أصبح هاجسا أكبر.

أخيرا، لا يمكن فى ظل هذه الأجواء المفعمة بالإحباط أن ننسى أن الثورة هى التى وضعت الكثير من المحسوبين على نظام مبارك داخل قاعات المحاكم لتحاسبهم على ما اقترفوه فى حق هذا الوطن، ولكن المحاكم لم تزل تعانى من كل ما عانت منه مصر فى عهد مبارك.

ومع ذلك ثقتى كبيرة فى أن الطعن على الحكم من النيابة لن يكون مجرد استيفاء لشكليات قضائية بقدر ما سيعبر عن رغبة حقيقية فى أن يكون العدل طريقنا إلى الحقيقة، وأن الحق لن يضيع، وأن يكون الحق عنوان الحكم.


لمتابعة الاخبار اولا بأول اضغط للاشتراك فى النسخة الورقية او الالكترونية من جريدة البورصة

منطقة إعلانية

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