Analysis of Egypt’s Draft Criminal Procedure Code: A Step Back for…

Egypt’s draft Criminal Procedure Code (CPC), proposed in August 2024, risks entrenching impunity for law enforcement while failing to adhere to international human rights standards. Key provisions would limit victims’ rights to seek justice, reduce but still inadequate pre-trial detention times, and enhance prosecutorial powers, compromising the right to fair trials. The draft also does not adequately address enforced disappearances or public trial principles, potentially exacerbating human rights violations.

This review critically examines Egypt’s proposed new Criminal Procedure Code (CPC), which appears to reinforce the existing culture of impunity for law enforcement officials while failing to safeguard the rights of detainees and uphold international human rights standards. The draft legislation, issued by the Egyptian government and published on multiple pro-government platforms in August 2024, includes significant provisions that may exacerbate human rights violations rather than rectify them. One major concern is the retention of Article 162 from the current CPC, which limits the capacity for investigations into public officials’ misconduct solely to the discretion of public prosecutors. This has historically facilitated a near-total lack of accountability for instances of torture and ill-treatment among detainees by security forces. By prohibiting victims from directly filing criminal complaints against law enforcement officers, this article perpetuates their impunity. The proposed amendments regarding pre-trial detention, encapsulated in Article 123, reduce maximum detention periods. However, these time frames remain excessively lengthy and do not align with international legal standards. Furthermore, the draft fails to mitigate the systematic abuse of pre-trial detention, including the problematic practice of “recycling” charges. This leads to prolonged detention beyond legal limits—a practice condemned by the United Nations Working Group on Arbitrary Detention. Alarming revisions are also apparent in the proposed removal of the requirement for detainees to be interrogated within 24 hours of their arrest, thereby increasing the risk of arbitrary detention. Additionally, the lack of stringent checks on prosecutors’ authority to mandate pre-trial detention undermines the right to judicial oversight. Moreover, the draft CPC dangerously expands the use of remote video hearings for renewing pre-trial detentions, which compromises the detainees’ rights to fair trials and undermines the judicial system’s integrity. In terms of defendants’ rights, provisions such as Article 72 allow prosecutors to deny legal representation during essential hearings, while Article 73 restricts access to essential legal documents. This erodes the principle of equality of arms central to fair trial rights and concentrates power excessively in the hands of prosecutors. Furthermore, the proposed code lacks adequate protections against enforced disappearances and broadens restrictions on the public nature of trials, further inhibiting accountability mechanisms. Without addressing these deficiencies, there is a risk of institutionalizing practices that violate fundamental human rights. This draft CPC, if adopted, may solidify existing flaws within the legal system and further entrench impunity for law enforcement while diminishing protections for detained individuals. Such developments raise profound concerns regarding Egypt’s adherence to international obligations related to human rights and the rule of law.

The proposed draft Criminal Procedure Code (CPC) by the Egyptian government is designed to reform the existing framework governing criminal trials and procedures within Egypt. However, the implications of these reforms appear to favor institutional power over judicial accountability and individual rights, perpetuating a system where law enforcement operates with minimal oversight. The criticism hinges on the draft’s retention of provisions that historically facilitated police abuses and the lack of substantial reforms that align with international human rights obligations. Over the years, Egypt has faced scrutiny for its human rights record, specifically regarding arbitrary detentions, torture, and political repression. Efforts to reform the CPC have drawn significant attention from human rights advocates, who are concerned that the new provisions may reinforce, rather than ameliorate, existing issues.

In conclusion, the review of Egypt’s draft Criminal Procedure Code highlights several areas of significant concern regarding human rights protections. Provisions that maintain prosecutorial discretion, extend arbitrary detention, and hinder the right to legal representation threaten the integrity of the judicial system and compromise due process rights. Furthermore, the lack of measures against enforced disappearances and restrictions on trial transparency could lead to further violations of fundamental human rights. If enacted in its current form, this code could entrench existing injustices and perpetuate a legacy of impunity within the Egyptian legal system.

Original Source: www.hrw.org