Draft Criminal Procedures Law sets pretrial detention regulations, anti-corruption provisions: Egypt justice minister

Shahd Hashem, Sunday 3 Nov 2024

Egyptian Minister of Justice Adnan El-Fangary emphasized Sunday that the draft Criminal Procedures Law establishes regulations for pretrial detention, includes anti-corruption provisions, and ensures witness protection.

Minister

 

These remarks were made during a general session led by the Speaker of the Egyptian House of Representatives Hanafy El-Gebaly to discuss the draft law in principle. The law has recently stirred controversy regarding freedoms and the justice system.

El-Fangary described the law as a true representation of the new republic, as it has been drafted after extensive studies. 

He added that the legislation was crafted in a comprehensive legal and constitutional framework to embody Egypt's role and civilization.

In August, the National Dialogue submitted 24 recommendations on pretrial detention and criminal justice reform to President Abdel-Fattah El-Sisi, 20 of which gained full consensus.

Consequently, El-Sisi instructed the government to implement the reforms.

The parliament integrated several of these recommendations into the new draft Criminal Procedures Law, including reducing pretrial detention periods, allowing electronic appeals, and enabling compensation claims for wrongful detention.

In early September, the parliament's Constitutional and Legislative Affairs Committee approved the draft law, which is now ready for the parliament’s general session voting.

The parliament's in-principle discussion of Sunday, which was aired live on TV channels, will continue through Tuesday.

Courageous move
 

During Sunday's session, Minister of Parliamentary, Legal Affairs, and Political Communication Mahmoud Fawzy affirmed that the legislation is one of the most important laws and a key instrument for safeguarding rights and freedoms.

In his speech during the session, Fawzy highlighted that it enforces the law, regulates procedures, and aids in enhancing transparency, protecting witnesses' rights, and combating corruption.

He also noted that the draft law protects human rights by regulating preventive detention, ensuring citizens' privacy, and banning home searches without a valid judicial order.

It also guarantees individuals' rights to communicate with their relatives and lawyers, upholds the sanctity of homes, establishes regulations for notifications, and incorporates modern technology in trial procedures, including remote trials through video and audio, Fawzy added.

Furthermore, he indicated that the legislation includes provisions for notifications through both traditional methods and modern approaches, such as phone and electronic notifications.

Fawzy also affirmed that the draft law provides solutions for various aspects of criminal procedures, including strengthening the public prosecution's authority in managing criminal cases, ensuring the safety and protection of witnesses, and using preventive detention as a precautionary measure.

Additionally, he stated that one of the law's goals is to enhance human rights by regulating preventive detention, pointing out that Egypt has made notable strides in this area through its national strategy and international agreements.

He stressed that the Criminal Procedures Law marks an important advancement in the evolution of the current legislation, which has been amended dozens of times over the past 74 years, describing it as a courageous and groundbreaking move.

Essential legislation
 

For his part, Counselor Amr Yousry, deputy secretary-general of the Senate and a member of the subcommittee responsible for drafting the Criminal Procedure Law, emphasized the importance of adopting a comprehensive approach to the legislation.

In his speech before the parliament, he cautioned against limiting the law to specific measures or procedures, stressing the need for an integrated criminal justice system.

Yousry also noted that the new draft law aims to address social, political, and economic changes as well as technological developments that have become essential in the everyday lives of Egyptians.

 
 
Legislative revolution
 
Minister of Foreign Affairs Badr Abdelatty emphasized that the draft Criminal Procedures Law is one of the House of Representatives' most significant achievements, describing it as a legislative revolution and a transformative shift in the social justice system.  
 
He said this step aims to enhance rights and freedoms, ensure fair trial guarantees, and precisely regulate criminal procedures to maintain security while balancing individual rights with the state's duties. 
 
Moreover, Abdelatty underlined Egypt’s intention to run for membership in the United Nations Human Rights Council, underscoring the importance of aligning national legislation with international standards. 
 
Legal system
 
The draft Criminal Procedures Law in Egypt outlines the legal framework for investigating, prosecuting, and trying criminal cases, ensuring fairness and transparency within the justice system.  
 
It aims to protect the rights of both the accused and victims while maintaining public order and safeguarding individual freedoms. 
 
The law also forms a core part of the legal system and has undergone various updates to align with constitutional and human rights standards. 
 
Egypt’s first Criminal Procedures Law was issued in 1950 and has seen numerous amendments over decades, with the most recent significant changes made in January 2024. 
 
Originally drafted in 2017, the new proposed law did not pass in the general parliamentary session. It was revisited and revised over the next years, leading to its approval by the Constitutional and Legislative Affairs Committee in September 2024.  
 
This draft has sparked widespread debate and concern among various professional groups, including journalists, lawyers, and judges. 
 
Now, it awaits a general session vote and potential presidential ratification.
 
The House of Representatives expressed openness to further amendments to ensure the law strengthens the justice system and upholds public rights and freedoms.
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