UN Special Rapporteurs Urge Egyptian Government to Conduct Comprehensive, Independent Review of Draft Criminal Procedure Law (Joint Memorandum)

Seven United Nations Special Rapporteurs on human rights issued a joint memorandum to the Egyptian government, expressing profound concern over the proposed new Criminal Procedure Law currently under discussion in Parliament.
The draft law aims to repeal the existing Criminal Procedure Code enacted under Law No. 150 of 1950. However, it has faced fierce criticism from professional associations, human rights organizations, and legal experts, both domestically and internationally, who have warned of its potentially adverse effects on citizens’ rights within the criminal justice system, including the rights of defendants, victims, witnesses, and human rights defenders.
In their memorandum, the UN experts acknowledged Egypt’s efforts to reform the Criminal Procedure Code as part of its National Human Rights Strategy but raised alarm over the expanded powers granted to law enforcement officials and prosecutors without adequate judicial oversight. They pointed to the ambiguous wording of several provisions, which could jeopardize fair trial guarantees and contravene the Egyptian Constitution, thereby undermining constitutionally protected rights and freedoms.
The experts highlighted that the draft law grants extensive authority to law enforcement and the public prosecution without sufficient judicial checks, endangering fair trial safeguards. They also voiced concerns about vague legal provisions that could lead to constitutional violations and erosion of fundamental rights such as freedom of expression and peaceful assembly.
The memorandum condemned the prolonged pretrial detention permitted under the proposed law, noting that the new maximum limits still allow extended periods of detention. The Special Rapporteurs reminded Egypt that Article 9(3) of the International Covenant on Civil and Political Rights stipulates that pretrial detention should be the exception, not the rule, and for the shortest possible duration. They also raised concerns about the continued practice of “recycling” charges to keep individuals in indefinite detention.
Additionally, the memorandum expressed alarm over the expanded powers of the public prosecution to monitor communications, messages, and social media accounts without sufficient safeguards, posing a grave threat to the right to privacy. The Special Rapporteurs criticized the use of remote judicial proceedings, warning that they may hinder defendants and their lawyers from effectively preparing their defense.
Further concerns were raised regarding provisions that allow interrogations without the presence of defense counsel, restrict lawyers’ access to case files, limit the right to cross-examine witnesses, and impose restrictions on the transparency of court hearings and public access to trial proceedings. The experts emphasized that these amendments could undermine fundamental fair trial guarantees and violate international human rights standards.
In conclusion, the UN Special Rapporteurs urged the Egyptian government to conduct a comprehensive and independent review of the draft law, incorporating broad consultations with legal experts and civil society representatives to ensure that the legislation aligns with Egypt’s obligations under international human rights treaties, particularly concerning transparency, fair trials, and the protection of fundamental freedoms.
The Special Rapporteurs expressed their readiness to provide technical assistance to facilitate this process, calling for a thorough reassessment of provisions that may open the door to abuses of power, especially in terrorism and national security cases.
The memorandum, dated January 8, 2025, was issued by the Working Group on Arbitrary Detention; the Working Group on Enforced or Involuntary Disappearances; the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; the Special Rapporteur on the rights to freedom of peaceful assembly and of association; the Special Rapporteur on the situation of human rights defenders; the Special Rapporteur on the independence of judges and lawyers; and the Special Rapporteur on the promotion and protection of human rights while countering terrorism, in accordance with Human Rights Council resolutions 51/8, 54/14, 52/9, 50/17, 52/4, 53/12, and 49/10.