Following three weeks of discussions, the amended Criminal Procedures Law has been approved by the House of Representatives’ Legislative and Constitutional Affairs Committee. It is now ready to be reviewed by MPs in plenary session when the House convenes in October.

The committee described the bill as “a remarkable step” towards strengthening human rights in Egypt, and the result of “two years of collective action and fruitful discussion among legal experts”.

It noted that during its three-week discussion of the draft, the committee had spoken with representatives of the justice and interior ministries, the Egyptian Bar Association and the National Council for Human Rights.

“We listened to the viewpoints of all of these stakeholders and were keen to respond positively to amendments submitted by the government, the Higher Justice Council, the General Prosecution, the Bar Association and the Press Syndicate,” said a statement issued by the committee.

“We also adopted some amendments submitted by the National Dialogue’s Board of Trustees and the door is still open to further changes.”

The committee’s approval of the draft triggered criticism from the Press Syndicate and the Judges’ Club. Both argued the bill needs to be the subject of a comprehensive dialogue.

Head of the Press Syndicate Khaled Al-Balshi told Extra News channel on Monday that “the Criminal Procedures Law is Egypt’s judicial constitution and when it comes to amending it we should not be in a hurry but listen to as many viewpoints as possible.”

He added that the Legislative and Constitutional Affairs Committee had approved the draft at remarkable speed and had ignored amendments proposed by the National Dialogue’s board on pretrial detention.

“The amendments were submitted to President Abdel-Fattah Al-Sisi on 20 August and sent to the committee the following day, so it seems strange the committee decided not to examine them.” The Press Syndicate’s Freedoms Committee said the speed at which the draft law was approved raises a number of questions, and the “amendments fall short of the expectations of the public and the National Dialogue administration.”

It noted that “the adoption of the National Dialogue’s amendments would lead to the release of 16 journalists who have been held in pretrial detention for more than two years.”

In response to its critics, the Legislative and Constitutional Affairs Committee said that while it fully respects freedom of speech no one has the right to distort facts.

“The committee will not remain silent before those who maliciously seek to confuse the public, undermine confidence in state institutions and mislead the people.”

“More than two years were spent discussing the amendments and the utmost care was taken in drafting them.”

On Sunday, the Board of Trustees of the National Dialogue intervened, saying that only some of its recommendations on pretrial detention had been included in the draft approved by the committee while others had been ignored.

“We were not part of the discussions conducted by the House committee on the draft law,” said the board. It promised, nonetheless, to reformulate its spurned recommendations on pretrial detention and submit them to President Al-Sisi.

“We urge all institutions and syndicates to seek common ground on the draft law and hope a new round of meetings will be held soon to achieve this,” said the board.

Editor-in-Chief of weekly Rose Al-Youssef magazine Ahmed Al-Taheri said the statements issued by the House committee and the Press Syndicate “should be taken as a healthy sign” of robust debate, adding that he hoped “the draft secures the support of all parties when it comes up for final discussion.”

The amended law reduces the maximum length of pretrial detention from six to four months for misdemeanours, from 18 to 12 months for felonies, and from 24 to 18 months for crimes that carry the death penalty or life imprisonment.

The amended law strengthens constitutional guarantees for defendants by ensuring that they cannot be questioned without a lawyer, and stipulates financial compensation for those wrongly detained, banned from travel or whose assets have been frozen.

The committee praised the draft for introducing protections for witnesses, defendants, and victims, including for the elderly and physically challenged during investigations and trial.

Legislative and Constitutional Affairs Committee Deputy Chairman MP Ihab Al-Tamawi said the amended law consolidates the authority of the General Prosecution to investigate and initiate criminal proceedings and strengthens compliance with constitutional guarantees.

“The new legislation will make it impossible for the police to arrest and search citizens or their homes without first obtaining permission from the General Prosecution,” said Al-Tamawi.

“The amendments also ensure that procedures such as travel bans and asset freezes applied to individuals released from pretrial detention do not violate their right to freedom of movement, residence, or protection of private property.”

---

* A version of this article appears in print in the 19 September, 2024 edition of Al-Ahram Weekly