Call for Rejection of Egypt’s Proposed Criminal Procedure Code

Amnesty International and other human rights organizations have called on the Egyptian parliament to reject a proposed Criminal Procedure Code that would undermine fair trial rights and increase the power of law enforcement authorities. The draft legislation has faced widespread criticism for failing to address issues of pretrial detention and promoting judicial abuses, raising alarms regarding the ongoing erosion of human rights in Egypt.

Numerous organizations, including Amnesty International, Dignity, Human Rights Watch, and the International Commission of Jurists, have urged the Egyptian parliament to reject a newly proposed draft to replace the 1950 Criminal Procedure Code (CPC). They contend that the draft legislation will further erode fair trial rights in Egypt and amplify the authority of law enforcement officials known for their abusive practices. This sentiment was notably expressed by Saïd Benarbia, the Middle East and North Africa program director at the International Commission of Jurists, who criticized the amendments as disregarding opportunities to improve human rights conditions for detainees and defendants and perpetuating existing violations. The Egyptian government has previously proposed this draft CPC, which has been reviewed and preliminarily approved by the parliament’s Constitutional and Legislative Affairs committee. Supporters of the legislation assert that it was developed based on discussions from the 2023 National Dialogue involving governmental and opposition figures regarding political prisoners and the misuse of pretrial detention. However, the draft fails to meet international human rights standards, specifically regarding the widespread use of abusive pretrial detention against critics, the lack of accountability for law enforcement officials, and the ongoing imbalance of authority favoring public prosecutors. As it stands, the disputed CPC is positioned to be deliberated in the parliament’s upcoming sessions, with the potential for approval by October 2024. Continued criticism has emerged from various legal bodies in Egypt, including the Journalists’ Syndicate and the Lawyers’ Syndicate, which have condemned many proposed amendments as unconstitutional and detrimental to the integrity of defendants’ rights. Key concerns include that the draft legislation fails to ensure timely judicial oversight for detainees, may allow prosecutors to conduct interrogations without the presence of defense lawyers, and further entrenches the powers of prosecutors which could lead to further infringements upon fair trial rights. The government has frequently amended the CPC in previous years to strengthen its authority while undermining judicial independence and international fair trial standards, especially since 2013. Certain provisions in the latest draft could potentially shorten periods of pretrial detention but would still allow for excessive duration and unchecked extensions through existing power grabs by prosecutors. Additionally, the introduction of videoconferencing for hearings raises significant risks to the fairness of trials and the well-being of defendants. Critics within the human rights community assert that the draft legislation does not address the core issue of pretrial detention abuse, instead reinforcing its arbitrary application. In conclusion, Amnesty International, Dignity, Human Rights Watch, and the International Commission of Jurists have collectively called upon the Egyptian authorities to abandon the proposed draft CPC. They advocate for the preparation of a new law that fully aligns with international human rights standards, emphasizing the need for genuine, transparent dialogue with civil society, independent experts, and affected individuals throughout the drafting process.

The proposed draft law aims to replace Egypt’s longstanding 1950 Criminal Procedure Code, raising significant concerns regarding the protection of human rights, particularly the rights to fair trial and the treatment of detainees. Over the years, many human rights organizations have criticized the Egyptian government’s approach towards judicial processes and have accused the authorities of utilizing the legal framework to suppress dissent and political opposition. With a parliament largely filled with pro-government members, the potential approval of this draft law poses serious implications for Egypt’s judiciary and civil liberties, especially amidst a history of judicial politicization and the erosion of rule of law within the country.

In light of the numerous critiques leveled against the proposed draft Criminal Procedure Code, it is imperative that the Egyptian parliament considers the potential ramifications for human rights. The voices of human rights organizations advocate for a rejection of the draft in its current form, calling for a newer draft that aligns with international standards while ensuring true engagement with civil society. The legislative process moving forward could determine the future of fair trial rights and human rights in Egypt.

Original Source: www.miragenews.com