Egypt’s parliament is hastily approving a draft Criminal Procedure Code, facing significant opposition from civil society and human rights organizations. The draft fails to implement necessary reforms and maintains broad powers for prosecutors, underscoring ongoing concerns about arbitrary detention and repression in Egypt under President Sisi’s government.
This week, Egypt’s parliament has expedited the approval of a draft bill aimed at replacing the 1950 Criminal Procedure Code, despite widespread opposition from various sectors, including the Lawyers’ Syndicate, the Journalists’ Syndicate, human rights organizations such as Human Rights Watch, political parties, and independent experts from the United Nations. This hasty action follows discussions within a parliamentary subcommittee that occurred largely in secrecy. It is incumbent upon authorities to engage with Egyptian society and civil organizations rather than rushing this critical decision through a parliament predominantly supportive of the government.
The existing Criminal Procedure Code permits prosecutors and judges to detain individuals in pretrial custody for extended periods without adequate judicial hearings or substantiation of guilt. Moreover, it lacks comprehensive definitions and penalties concerning the pervasive issues of torture and enforced disappearances, thus enabling the government led by President Abdel Fattah al-Sisi to wield the judicial system as a mechanism for extensive repression. Since 2013, countless critics and dissenters have faced arbitrary detention, prosecution, and, in certain cases, have tragically lost their lives in custody.
An examination of the new draft bill reveals that it fails to implement substantial reforms to the Criminal Procedure Code; instead, it favors prosecutors at the expense of judicial independence and perpetuates the unchecked authority of security forces. Despite assurances from officials, including President Sisi, regarding a commitment to reforming abusive pretrial detention practices, the bill only marginally reduces the maximum duration for such detentions. It falls short of fulfilling Egypt’s international obligations to ensure that pretrial detention is an exception rather than a norm and that detainees are promptly presented before a judge for a legality assessment regarding their detention.
Additionally, the draft maintains overly broad discretionary powers for prosecutors to extend pretrial detentions without judicial review and does not address the concerning practice of “recycling,” where detainees are recharged with identical offenses to prolong their detention. The proposed legislation also compromises fair trial rights by considerably broadening the application of a problematic videoconferencing system, which further isolates detainees from the outside world during legal proceedings.
The significant opposition to this draft legislation underscores the resilience and vitality of Egyptian civil society, even amidst years of authoritarian governance and repression. The inadequacies of this legislation signal a troubling absence of intent from authorities to curtail widespread oppression and undertake meaningful reforms to rectify Egypt’s intertwined political and economic rights issues.
The recent initiative to amend Egypt’s Criminal Procedure Code is set against a backdrop of longstanding human rights concerns. The current legal framework has been criticized for enabling prolonged pretrial detention without sufficient grounds, fostering an environment where arbitrary arrests and unlawful prosecutions prevail. Since President Abdel Fattah al-Sisi assumed power, many have been detained as part of a broader campaign against dissent. Thus, the proposed changes come at a pivotal moment, highlighting both governmental intentions and civil society’s persistent advocacy for reform. Moreover, the urgency and secrecy surrounding the drafting process raise alarms regarding governmental transparency and accountability, especially given the involvement of diverse stakeholders such as legal professionals, journalists, and international human rights advocates who have called for more significant reforms and respect for fundamental legal principles.
In summary, the Egyptian parliament’s swift consideration of a new draft Criminal Procedure Code raises substantial concerns among various sectors of society, reflecting a widespread demand for justice and reform. The bill’s shortcomings indicate a lack of commitment from the authorities to address systemic issues regarding pretrial detentions and fair trial guarantees. Critics emphasize that true legal reforms must engage with civil society to effectively address the country’s political and economic crises and uphold human rights standards.
Original Source: www.hrw.org
