The Arab Center for the Independence of the Judiciary and the Legal Profession (ACIJLP) followed with deep concern and dismay the decision of the House of Representatives, during a single session held on 16 October, to approve the amendments introduced by the government to the draft Criminal Procedures Law, in response to the observations contained in the presidential memorandum regarding eight articles of the said draft. The approval was granted without any notable modification, as the government’s proposals were endorsed in their entirety, despite the clear unconstitutionality of certain provisions added by the government. Even more troubling is the claim that the Constitution does not explicitly address the concept of procedural necessity, or, in other words, that it is “constitutionally deficient.”
The ACIJLP considers that the approval by the House of Representatives of the amended text of Article 48 of the Criminal Procedures Law, which authorizes public authorities to enter homes and inhabited premises “in cases of distress, imminent danger, fire, drowning, or similar circumstances,” constitutes a grave concern. The addition of the phrase “or similar circumstances” leaves the door wide open for law enforcement officers to enter private homes without a judicial warrant supported by cause, in violation of Article 58 of the Constitution and the sanctity of private dwellings.
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Cairo: October 17, 2025
