NCHR welcomes returning Draft Criminal Law to parliament, prepares recommendations

Ahram Online , Monday 22 Sep 2025

Egypt’s National Council for Human Rights (NCHR) has welcomed President Abdel-Fattah El-Sisi’s decision to return the draft Criminal Procedure Law to the House of Representatives, describing it as an opportunity to strengthen due process safeguards, and said it is preparing its own recommendations.

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Egyptian House of Representatives. Al-Ahram

 

In a statement on Sunday, the NCHR said the president’s move addresses widespread concerns over several articles in the bill, shows Egypt’s commitment to its Constitution and international agreements, and signals the state's seriousness about improving human rights protections.

The council stressed that the new draft must comply with constitutional obligations, particularly Article 93 of the 2014 Constitution, which requires Egypt to respect international human rights treaties.

This includes the International Covenant on Civil and Political Rights, ratified by Egypt in 1982, especially Article 14, which guarantees the right to a fair trial.

The council also highlighted the need to revise articles that are too long or inconsistent with legislative standards and urged lawmakers to ensure the law’s clarity and practical applicability.

It called for aligning the text with constitutional references and the jurisprudence of Egypt’s top courts, including the Supreme Constitutional Court, Court of Cassation, and Supreme Administrative Court.

The NCHR confirmed that it will submit its recommendations to parliament in light of this new review.

The goal, it said, is to produce a law that respects the Constitution, meets international obligations, and responds to public demands for stronger human rights protections.

Earlier on Sunday, President El-Sisi ordered the draft law to be sent back to parliament for re-examination, following objections from legal experts, rights groups, and international organizations.

According to the presidency, the objections focus on three main issues: strengthening protections for private homes, expanding guarantees for defendants during investigations and trials, and clarifying provisions on pre-trial detention.

The statement also said ministries, judicial bodies, and government agencies should be given enough time to prepare for the new procedures so they can be applied smoothly and accurately.

Parliament’s Legislative Committee is expected to urgently review the president’s concerns when it reconvenes on 1 October.

Background and controversy
 

The draft Criminal Procedure Law has been under discussion for years and is meant to replace legislation dating back to 1950.

In April 2025, the House of Representatives gave preliminary approval to the 544-article bill after months of debate.

The law would govern every stage of the criminal justice process in Egypt, including investigation, prosecution, evidence collection, trials, appeals, enforcement, and international cooperation.

Supporters argue that the bill modernizes Egypt’s criminal procedures by introducing travel bans, watch lists, remote hearings, witness protection programmes, compensation for wrongful detention, and new mechanisms for international judicial cooperation.

However, the draft has faced strong criticism. Human rights groups and legal experts warned that it could entrench existing violations instead of fixing them.

Critics raised concerns about the articles on pre-trial detention, arguing they do not sufficiently prevent prolonged or “recycled” detentions.

Other objections focus on the expanded powers given to the Public Prosecution at the expense of judicial oversight, weak privacy protections, and limits placed on defence lawyers during investigations.

It is uncommon for a bill already approved by parliament to be sent back for review, making El-Sisi’s decision a sign of the depth of concern surrounding the law.

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