Amnesty International and other rights groups have called for the rejection of a proposed draft law to replace Egypt’s 1950 Criminal Procedure Code, arguing it undermines fair trial rights and empowers abusive law enforcement. Critics assert that it fails to address issues of unlawful detention and excessive prosecutorial power, calling it unconstitutional and harmful to defendants’ rights.
Amnesty International, along with Dignity, Human Rights Watch, and the International Commission of Jurists, has urged the Egyptian parliament to reject a proposed draft law intended to replace the 1950 Criminal Procedure Code (CPC). This draft law has been criticized for potentially further eroding the already compromised fair trial rights protections in Egypt, thereby enhancing the powers of law enforcement officials known for their abusive practices. Saïd Benarbia, the Middle East and North Africa program director at the International Commission of Jurists, has stated, “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.” The criticism is directed towards a government that purportedly engaged in a National Dialogue to address issues of political prisoners and pretrial detention but has produced legislation that fails to meet international standards. The proposed draft CPC, approved for discussion by the parliament’s Constitutional and Legislative Affairs Committee, aims to replace the 1950 CPC yet retains certain problematic aspects of it. Pro-government media have claimed that the draft responds to the outcomes of the 2023 National Dialogue; however, rights groups assert that it does not adequately address widespread abuses, including the unlawful pretrial detention of critics. Human rights advocates argue that the revised CPC prolongs impunity for law enforcement and consolidates excessive authority of public prosecutors, which threateningly undermines fair trial rights. The draft is set for parliamentary discussions, with potential approval as early as October 2024, amidst concerns about the parliament’s support aligning predominantly with government interests. Critics, including the Journalists’ Syndicate and the Lawyers’ Syndicate, have expressed their disapproval of the draft, labeling many of its amendments as “unconstitutional” and detrimental to the right to defence and fair trial principles. Mahmoud Shalaby, an Egypt researcher at Amnesty International, remarked, “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.” He emphasized that the amendments would enable prosecutors to limit defence participation significantly and conduct interrogations without legal representation. Historically, the Egyptian judicial framework has faced numerous amendments aimed at reducing judicial independence and reinforcing a repressive legal framework against dissent. The ongoing practices have enabled the abuse of rights, including torture and enforced disappearances, while the proposed CPC would codify several contentious practices, such as videoconferencing in trials that compromise fair hearing guarantees. Amnesty International and other rights organizations are advocating for the abandonment of the draft CPC, urging the government to draft a new legislation aligned with international human rights standards and with input from civil society and legal experts.
The context surrounding Egypt’s draft Criminal Procedure Code is marked by a longstanding concern over the country’s judicial independence and implications for human rights. The original 1950 CPC has undergone numerous modifications aimed at consolidating governmental control over the judiciary and diminishing the rights of defendants. The emergence of the 2023 National Dialogue is ostensibly a public relations effort by the government to engage with opposition and civil society regarding issues of political prisoners and pretrial detention. However, the critiques from human rights organizations suggest a stark disjunction between the government’s narrative and the provisions present in the draft law.
The proposed amendments to the Egyptian Criminal Procedure Code prompted significant criticism from both local and international human rights organizations. With concerns that the draft law perpetuates a culture of abuse and impunity within law enforcement and undermines judicial due process, there is a concerted call for rejection of the draft by various stakeholders. Advocates stress the need for new legislation that aligns with principles of international human rights and is developed through inclusive consultation with affected communities.
Original Source: www.miragenews.com
