Egypt’s parliament has provisionally approved a controversial draft bill to replace the 1950 Criminal Procedure Code, despite strong opposition from civil society, legal professionals, and human rights organizations. The draft does not fundamentally reform pretrial detention practices and empowers prosecutors while undermining judicial oversight, raising significant concerns about the ongoing violations of political and civil rights in Egypt.
In a hurried move, Egypt’s parliament has provisionally approved a draft proposal to replace the 1950 Criminal Procedure Code, facing overwhelming opposition from legal, media, and human rights organizations, including Human Rights Watch. Critics argue that rather than rushing this significant legislation—which had been crafted mostly behind closed doors—officials should engage with the Egyptian public and civil society. The existing Code has allowed for prolonged pretrial detentions without appropriate evidentiary support, facilitating a system that suppresses dissent.
The proposed draft has been scrutinized and found lacking in serious reforms, instead increasing the powers of prosecutors at the expense of judicial oversight. Despite assurances from President Abdel Fattah al-Sisi to rectify issues surrounding abusive pretrial practices, the draft minimally revises maximum detention periods while retaining considerable discretionary powers for prosecutors to extend detentions without timely judicial review. Moreover, it includes provisions that dismiss fair trial principles, expanding the use of videoconferencing that isolates detainees from legal counsel and outside support.
The backlash against the draft demonstrates the resilience of Egypt’s civil society amid years of suppression. It indicates that officials do not intend to alleviate the repressive measures currently underpinning the judicial system, nor do they genuinely aim to confront the interconnected crises of political and economic rights that plague the nation.
The current discourse surrounding Egypt’s Criminal Procedure Code arises against a backdrop of severe limitations on civil liberties and rampant human rights abuses. Since President Abdel Fattah al-Sisi’s ascent to power in 2013, the judiciary has increasingly been utilized as an instrument for repression, with many voices of dissent facing arbitrary detentions and systemic violations. The 1950 Code has often been critiqued for allowing prosecutors to impose lengthy pretrial detentions without substantial judicial oversight, contributing to a climate of fear and control.
The legislative developments regarding Egypt’s Criminal Procedure Code reflect critical concerns about the preservation of human rights and judicial integrity. The draft bill, rather than advancing reform, appears to perpetuate the existing system of repression. Widespread opposition highlights the strength of civil society in Egypt, emphasizing the urgent need for the government to reconsider its approach to fundamental legal reforms and engage meaningfully with its citizenry on these pressing issues.
Original Source: www.hrw.org
