Amnesty International and several human rights organizations have urged the Egyptian parliament to reject a proposed draft to replace the 1950 Criminal Procedure Code, as it would diminish fair trial rights and empower abusive law enforcement officials. The draft law has been widely criticized for failing to address abuses in pretrial detention and for entrenching the power of public prosecutors.
Amnesty International, Dignity, Human Rights Watch, and the International Commission of Jurists have issued a strong recommendation for the Egyptian parliament to reject a proposed draft law aimed at replacing the 1950 Criminal Procedure Code (CPC). According to these organizations, the enactment of this draft legislation would further erode the already limited fair trial rights protections in Egypt and would empower law enforcement officials notorious for their abusive methods. Saïd Benarbia, the Middle East and North Africa program director at the International Commission of Jurists, expressed dismay at the legislative direction, noting, “Instead of seizing the opportunity to introduce much-needed protections and safeguards for detainees’ and defendants’ human rights, and end arbitrary detention, Egyptian legislators are intent on perpetuating the same frameworks that facilitated past and ongoing violations.” He criticized the draft amendments as undermining the legitimacy of the so-called National Dialogue that purportedly included discussions with opposition members and civil society regarding reforms concerning political prisoners and pretrial detention abuses. The draft CPC, which has been under review since August 2024 by the Egyptian parliament’s Constitutional and Legislative Affairs committee, retains core provisions from the 1950 code while allegedly incorporating inputs from the 2023 National Dialogue. However, independent observers contend that the proposed changes fall short of meeting international human rights law, particularly in the areas of pretrial detention and the accountability of law enforcement personnel. It has been argued that this proposed legislation fails to effectively address the systematic abuse of pretrial detention, effectively grants impunity to law enforcement, and increases the discretionary powers of public prosecutors which may lead to further violations of defendants’ rights. Critics, including the Journalists’ Syndicate and the Lawyers’ Syndicate, have heavily criticized the draft for containing numerous “unconstitutional” provisions that threaten the rights to legal defense and a fair public trial. Mahmoud Shalaby, an Egypt researcher at Amnesty International, stated, “The draft CPC does not meet international human rights standards and will have a catastrophic impact on the rights of defendants before and during trial.” The current governmental and parliamentary landscape under President Abdel Fattah al-Sisi has seen a consistent trend of legislative approvals favoring the state, with human rights advocates concerned that the draft CPC may soon be ratified as early as October 2024. The history of amendments to the CPC in recent decades has included measures that have undermined judicial independence, allowing for the systemic violation of international fair trial standards. The proposed CPC includes provisions for extending pretrial detention timelines without adequate judicial oversight, which may promote practices labeled as “rotation” or “recycling” of charges against detainees. Furthermore, it introduces a controversial videoconferencing system designed to facilitate hearings but which previously compromised defendants’ rights and raised concerns about their treatment in custody. Amnesty International and the other organizations have called for the abandonment of the proposed CPC and urged the Egyptian authorities to draft a new law that comprehensively aligns with international human rights standards, involving genuine consultation with civil society, experts, and affected parties.
The proposed changes to Egypt’s Criminal Procedure Code arise amidst ongoing concerns regarding the country’s human rights abuses, particularly related to the treatment of detainees and the fairness of trials. The original 1950 CPC has faced numerous amendments over the years, often resulting in increased powers for law enforcement and reduced protections for defendants. The current Egyptian government has been criticized for its approach to political dissent, characterized by arbitrary detentions and lack of fair trial guarantees. The draft CPC appears to continue this trend, prompting calls for reform from human rights organizations. As international scrutiny on Egypt’s human rights record grows, the proposed draft law has emerged from consultations labeled as the 2023 National Dialogue, which was presented by the government as an attempt to engage with opposition groups and civil society on critical issues of governance and human rights. However, this dialogue has been met with skepticism, as the resulting draft legislation has not addressed the fundamental violations observed under the current legal framework.
The proposed draft of the Criminal Procedure Code represents a significant threat to the limited fair trial rights currently upheld in Egypt. Human rights organizations have collectively voiced their concerns that this legislative change would not only perpetuate existing abuses but also further entrench the power of law enforcement agencies, undermining judicial independence. The call for abandonment of this draft aims to encourage the Egyptian government to engage in meaningful reform that aligns with international human rights standards and safeguards the rights of all individuals, particularly in the context of pretrial detention and legal defense.
Original Source: www.miragenews.com
