The review of Egypt’s draft Criminal Procedure Code highlights concerns regarding its entrenchment of impunity for law enforcement, failures to limit arbitrary detention, inadequate measures against enforced disappearances, and significant restrictions on defendants’ rights, posing a threat to fundamental human rights within the judicial system.
This review critically examines the recent draft of Egypt’s Criminal Procedure Code (CPC), as published on pro-government platforms in August 2024. The draft, which spans 95 pages and features the emblem of the Egyptian Parliament’s Constitutional and Legislative Affairs Committee, reflects a continuation and extension of impunity for law enforcement officials. If enacted in its current form, the draft CPC would undermine victims’ access to justice, contravening Egypt’s international human rights obligations. One of the most concerning aspects is embedded in Article 162, which maintains the provisions of the current CPC that grant public prosecutors exclusive authority to initiate investigations into public officials, thus perpetuating a culture of impunity for human rights violations, such as torture. This measure would additionally restrict victims’ avenues for filing criminal complaints against law enforcement. Another troubling provision, Article 123, proposes to reduce the maximum duration of pre-trial detention; however, these limits remain inconsistent with international standards and fail to prevent the arbitrary detention of individuals, especially political dissidents. The practice of “recycling” charges—keeping individuals detained under new allegations after the expiration of previous charges—continues unabated, further jeopardizing individual rights. The suggested modifications, particularly Articles 525 to 532 regarding remote hearings, raise significant due process concerns. These provisions could solidify practices that hinder defendants’ rights by allowing hearings to occur via videoconference, which detracts from the necessary in-person evaluation of detainees’ conditions. Moreover, the proposed grant of broader powers to prosecutors undermines the separation of powers and the role of defense counsel, eroding the right to a fair trial. The revisions to the draft CPC do not address crucial issues such as enforced disappearances, which remain inadequately defined or penalized in Egyptian law. Essential safeguards to prevent such abuses are conspicuously absent in this draft, which fails to provide adequate protection to prevent enforced disappearances and uphold detainees’ rights to legal access and humane treatment.
The Egyptian government’s proposal to redraft its Criminal Procedure Code arises against a backdrop of longstanding concerns about human rights practices in the country. The authenticities of previous codes have been called into question due to their role in enabling police and security forces to act with impunity, particularly concerning torture and arbitrary detention. This draft CPC aims to modernize procedural practices; however, its potential to preserve existing injustices raises significant alarms within the international human rights community. Critics argue that rather than reforming the system, the new provisions may entrench systemic abuses and diminish the legal protections afforded to individuals encountered by the judicial system.
In summary, the draft CPC remains deficient in addressing critical human rights concerns, allowing for the continued impunity of law enforcement while failing to ensure necessary safeguards against arbitrary detention and enforced disappearances. If adopted, the proposed changes would violate international legal obligations, restricting access to justice and undermining the integrity of judicial processes in Egypt. The circumvention of defendants’ rights and the broadening of prosecutorial powers signal a troubling trajectory in the protection of human rights within Egyptian legal frameworks. Reform efforts must be revisited to realign Egypt’s criminal procedures with fundamental international legal standards that ensure justice and fair treatment for all individuals.
Original Source: www.hrw.org
