A Law Undermining Justice | The Egyptian Center for Economic and Social Rights Denounces Parliament’s Consideration of the “Criminal Procedure” Bill Amid Objections and Calls for Its Withdrawal
The Egyptian Center for Economic and Social Rights expresses significant concern and strong condemnation regarding the House of Representatives’ decision to begin discussions this week on the new Criminal Procedure Bill. This bill was drafted by a subcommittee of the Constitutional and Legislative Affairs Committee without engaging in a meaningful public dialogue that includes all relevant stakeholders.
The Center reaffirms that the proposed legislation promotes trends that raise serious concerns about compliance with constitutional and international human rights standards. It signifies a setback in the guarantees of fair trials and the rights of defendants and detainees, posing a threat to the foundations of justice and the legal system in Egypt. The Center stresses the urgent need for its immediate withdrawal.
Furthermore, the Center challenges the assertions made by government officials and members of Parliament that the bill responds to the outcomes of the 2023 “National Dialogue,” noting that it introduces legislative changes that enhance the powers of security agencies, limit defense rights, and reinforce the notion of pretrial detention as a punitive measure instead of a precautionary one. This legislation does not reflect a movement toward reforming criminal procedures and ensuring individuals’ rights but rather consolidates oppressive practices.
The bill emphasizes provisions that expand the authority of security and judicial bodies at the expense of individual rights. It maintains pretrial detention as an indefinite measure that can be extended and utilized in various cases, allowing individuals to be held for extended periods without trial. This change turns pretrial detention from an exception into a standard practice and a punishment in its own right.
Additionally, the bill contains provisions that grant immunity to public officials, particularly concerning violations of citizens’ rights, thereby paving the way for increased abuses and impunity.
The proposed legislation includes clauses that undermine victims’ rights to seek accountability for violations and abuses, weakening the justice system and providing unwarranted immunity to certain entities. It also imposes limitations on direct interactions between defendants and judges by implementing remote hearings for detention renewals and trials through “video conferencing.” This practice infringes upon the rights of the accused and their defense team to effectively engage with the court, undermining the mechanisms and guarantees of a fair trial.
In response to these issues, the Center recommends:
Initiating a comprehensive public dialogue on the bill that involves human rights organizations, legal experts, lawyers, professional syndicates, and other stakeholders to ensure the law meets community needs and respects defendants’ rights.
Revising provisions related to pretrial detention to limit its use as an exceptional measure invoked only in extreme circumstances and for defined time periods, with judicial oversight mandated for any extensions and a ban on “rotation” practices.
Eliminating clauses that broaden the use of remote trial sessions, restricting them to exceptional cases with stringent regulations. Additionally, enhancing defense rights, ensuring witness summons, and guaranteeing direct interaction between defendants, their counsel, and judges to uphold trial integrity.
Removing any provisions that offer immunity to those accountable for crimes or violations and streamlining the process for filing complaints and holding violators of human rights accountable.
Offering financial and moral compensation to anyone subjected to arbitrary detention or unjustified pretrial detention, in alignment with human rights standards and the preservation of individual dignity.
In summary, the Egyptian Center for Economic and Social Rights urges all active elements within Egyptian society to reject the bill in its current form and to work towards crafting legislation that fulfills the demands of justice while balancing public order with the safeguarding of individual rights.
The Center also calls upon the government and the House of Representatives to facilitate public dialogue regarding the bill and to avoid adopting any amendments that threaten fundamental human rights and impose further restrictions on civil liberties, thereby upholding justice and protecting citizens’ rights.
