The proposed draft of Egypt’s Criminal Procedure Code may entrench impunity for police and security officials, limit victims’ access to justice, reduce pre-trial detention standards, fail to adequately protect against arbitrary detention practices, and enhance prosecutorial powers, thereby undermining the right to a fair trial. Overall, it risks exacerbating human rights violations in the country.
This review examines Egypt’s proposed Criminal Procedure Code (CPC), published in August 2024, which aims to reform criminal procedures in the country. Unfortunately, the draft has significant implications detrimental to human rights, particularly for victims of serious abuses by law enforcement. The new CPC could reinforce existing impunity for police and security forces involved in human rights violations, thus contravening Egypt’s international commitments to uphold the right to justice and effective remedies. Key provisions in the draft CPC perpetuate law enforcement impunity, most notably Article 162, which continues to give public prosecutors unilateral authority to determine investigations into public officials, thereby inhibiting victims from filing direct complaints against law enforcement officers. Moreover, proposed changes around pre-trial detention periods fall short of international standards and do not address the systematic use of pre-trial detention for politically motivated cases, with provisions allowing for excessive detention lengths and abuse of the system through “recycling” charges against detainees. The removal of required interrogations within 24 hours of arrest further escalates the risk of arbitrary detention. Additionally, the draft intends to expand the use of remote hearings, which has already hindered due process, to all stages of criminal proceedings, essentially codifying the adverse consequences of such practices. Articles granting prosecutors enhanced powers to limit defendants’ rights to legal representation and access to evidence are particularly concerning, as they undermine the defendant’s right to a fair trial, creating an imbalance that favors prosecutorial authority over judicial independence. Furthermore, the draft’s provisions on trial secrecy and lack of accountability regarding enforced disappearances fall short of ensuring transparency in the judicial process, which is crucial for protecting human rights in Egypt. Overall, the adoption of this CPC, in its current state, risks entrenching systemic injustices and undermining the rule of law in Egypt.
The review focuses on a 95-page draft of Egypt’s new Criminal Procedure Code, released by pro-government sources in August 2024. This proposed legislation seeks to reform criminal justice processes in Egypt. However, assessments reveal that it may exacerbate existing human rights violations and violate international laws, particularly those related to access to justice and effective remedies for victims. The document highlights critical failings of the proposed CPC, including maintaining the status quo on law enforcement impunity and inadequate protections against arbitrary detention. Furthermore, the review addresses how amendments could reinforce prosecutorial powers at the expense of defendants’ rights, with potential implications for civil liberties in Egypt.
In conclusion, Egypt’s proposed Criminal Procedure Code, if adopted in its current form, poses severe risks to human rights by perpetuating law enforcement impunity, enabling arbitrary pre-trial detention, and undermining fair trial guarantees. The draft amendments would enhance the powers of prosecutors while restricting the rights of defendants, leading to a judicial environment that largely favors the state over individual human rights. Therefore, a critical reassessment of the CPC is essential to ensure that it aligns with international human rights obligations and genuinely protects all citizens’ rights.
Original Source: www.hrw.org
