Interrogating defendants in the absence of their lawyers is a crime against justice in Egypt

The Arab Center for the Independence of the Judiciary and the Legal Profession (ACIJLP) is following with growing concern the repercussions of the decision by the Presidency of the Republic to return the draft Criminal Procedures Law to the House of Representatives, and the inclination of the relevant parliamentary committees discussing and drafting the amendments towards imposing further restrictions and undermining the safeguards granted to defendants upon arrest, investigation, interrogation, or detention, in a manner that permits the interrogation of defendants in the absence of their lawyer.

While reaffirming its position calling for a comprehensive review of the underlying philosophy of the law and the formation of a specialized, independent committee to undertake such a review, the ACIJLP notes that the published amendments to Article 105 of the draft Criminal Procedures Law—which grant the Public Prosecution the right to interrogate defendants without the presence of their lawyer in cases of “fear of loss of time”—constitute a violation of the guarantees enshrined in Article 54 of the Constitution, as well as Articles 9 and 14 of the International Covenant on Civil and Political Rights, which stipulate that no defendant shall be interrogated except in the presence of their lawyer.

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Cairo: October 6, 2025

Arab Center for Independence of the Judiciary Law Firm