In a letter addressed to the President of the Arab Republic of Egypt on 8 November 2024, the following parties have expressed serious concerns regarding the amendments being undertaken by the Egyptian government to the Criminal Procedures Law:

–       The Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression;

–       The Special Rapporteur on the rights to freedom of peaceful assembly and of association;

–       The Special Rapporteur on the situation of human rights defenders;

–       The Special Rapporteur on the independence of judges and lawyers;

–       The Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism;

–       The Working Group on Arbitrary Detention;

–       The Working Group against Enforced or Involuntary Disappearances.

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Cairo 4 November 2024

New law joins Egypt’s arsenal of infamous laws The Joint Committee of the Constitutional and Legislative Affairs Committee and the Human Rights Committee Office has issued its final report on the draft Criminal Procedures Law currently under review by the Egyptian Parliament. The report was issued without consideration of the objections and observations raised by human rights advocates, professional unions, and various other parties, who criticized the draft law for undermining rights and freedoms and compromising fair trial guarantees .

The Arab Center for the Independence of the Judiciary and the Legal Profession ACIJLP reiterates its steadfast commitment to upholding citizens rights to fair trial guarantees and standards Since the initial version of the draft law was introduced in 2017 the Center has maintained its advocacy for these principles Notably it is this original version that the Constitutional and Legislative Affairs Committee along with its subcommittee has adopted as the foundational text in developing a comprehensive draft of the Criminal Procedures Law .

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( NEW )

The Arab Center for the Independence of the Judiciary and the Legal Profession (ACIJLP) expresses its concern and dissatisfaction regarding the claim that the proposed amendments to the Criminal Procedures Law are meant to activate the provisions of the 2014 Constitution, particularly Article 189, which pertains to granting the Public Prosecution the authority to conduct investigations in addition to its prosecutorial powers. This claim contradicts the clear constitutional reality.

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Introduction

The relevant parliamentary committee has completed its discussions on the draft of the new Criminal Procedures Law, which is currently under review by the Legislative Committee in Parliament as this paper is being written We view this draft as lacking significant value and importance particularly in light of the ongoing expansion of the powers granted to the Public Prosecution in this domain There is a clear sidelining of the judicial authority in supervising and monitoring the actions of the Public Prosecution during the procedures it undertakes in accordance with the law This undoubtedly impacts the course of criminal trials and the fates of defendants who must be presumed innocent until the judiciary renders a final ruling A review of the historical legislative amendments to the Criminal Procedures Law reveals a consistent trend among lawmakers to tighten and enhance the authority of police officers and the Public Prosecution This reflects a clear and systematic philosophy that aligns the proposed amendment with a series of changes advocated by jurists  lawyers, and others

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In light of the campaign launched by the Arab Center for the Independence of the Judiciary and Legal Profession (ACIJLP) since August 21 to unveil the hazards of the proposed Criminal Procedures Law, and to advocate for a pause in its issuance process for a genuine, public, and transparent community dialogue involving all sectors of civil society — such as unions, universities, political parties, human rights organizations, experts, and public figures — ACIJLP has finalized an alternative version for 50 critical articles of the draft law.

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 The Justice Support Foundation (JSF) at the Arab Center for the Independence of the Judiciary and the Legal Profession (ACIJLP) is closely and attentively monitoring the renewed discussions on amending the Criminal Procedures Law, currently under review by the subcommittee of the Legislative and Constitutional Affairs Committee of the House of Representatives. The committee has reached a preliminary consensus on these amendments, which are slated for presentation to the House of Representatives in the upcoming session this October for ratification. The proposed amendments include the reduction of pretrial detention periods, the abolition of the chapter on physical coercion, and the introduction of regulations and standards for remote trials. The bill, initially drafted in 2017, has faced delays for various reasons.

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