Parliament’s Legislative and Constitutional Affairs Committee has begun holding meetings to discuss the new Criminal Procedures Law. Committee head Ibrahim Al-Heneidi told parliamentary reporters that meetings will be held on Sunday, Monday, and Tuesday every week until the House of Representatives reconvenes in the first week of October.

The first meeting, held on Tuesday, was attended by members of the legislative and constitutional affairs and human rights committees, and members of the House subcommittee tasked with formulating recommendations on changes to the draft law.

On Saturday, Justice Minister Adnan Al-Fangari, Minister of Parliamentary Affairs Mahmoud Fawzi, representatives from the Interior Ministry, political parties, the National Dialogue, the National Council for Human Rights (NCHR), public figures, and head of the Bar Association gathered at the House of Representatives to review amendments already introduced to the Criminal Procedures Law by the House subcommittee. Saturday’s meeting was chaired by House Speaker Hanafi Gebali.

Gebali said the most significant changes concern regulations governing criminal trials, the maximum duration of pretrial detention, travel bans, and asset freezes. The amendments aim to improve Egypt’s image in terms of respecting human rights and freedoms and guaranteeing fair trials, he said.

“We want a balanced Criminal Procedures Law that promotes the interests of citizens and observes Egypt’s internal stability needs.”

Noting that the House subcommittee had reached agreement over 95 per cent of amended articles, Gebali urged civil society organisations to highlight changes in support of human rights and liberties.

“All the law’s articles, particularly the ones on pretrial detention which had faced criticism from human rights defenders and organizations, have been amended,” said Fawzi.

MP Ihab Al-Tamawi, head of the House subcommittee, noted that out of the existing 461 articles, 365 had been amended and new articles added, resulting in a 540-article draft law.

According to Al-Tamawi, the new amendments consolidate the authority of the General Prosecution to investigate and initiate criminal proceedings. They also strengthen compliance with constitutional guarantees, especially in cases involving arrest, searching people, and the entering and searching of domestic premises.

“The new legislation will make it impossible for police forces to arrest and search citizens or their homes without prior permission from the General Prosecution,” he said.

“If a defendant can’t hire a lawyer, he will be able to ask the court to appoint one to defend him.”

“Defendants, witnesses, and victims will also have the right to keep personal data secret if revealing it puts their lives in danger.”

House of Representative legal advisor Mohamed Abdel-Alim Kafafi said the amendments will ensure that the Criminal Procedures Law remains abreast of the political, economic, and social changes that have impacted Egypt in recent decades.

“In line with the 2014 constitution, for example, the amendments adopt the principle of no questioning and no trial for a defendant without a lawyer,” said Kafafi.

Wafdist senator Yasser Al-Hodeibi pointed out that the current Criminal Procedures Law dates from 1950 and it has become urgent to enact changes to reflect more recent human rights principles. He cited, as an example, amendments that provide defendants convicted of a felony with additional opportunities to appeal the ruling before a final verdict is issued.

Under the amendments, an individual convicted by a criminal court has the right to an appellate trial before any appeal is reviewed by the Court of Cassation whose rulings are final.

Similar provisions apply to felons convicted in absentia who, says Al-Tamawi, will have the right to a retrial before the criminal court after turning themselves in or being apprehended.

The increased level of litigation will provide defendants’ lawyers with a chance to present defences that they were unable to do during the initial stage of criminal trial, thus achieving “justice in a more effective manner while alleviating the burden on the Court of Cassation,” argued Al-Tamawi.

He also noted that the new legislation allows courts and prosecution authorities to use electronic devices such as mobile phones and e-mails to notify defendants and witnesses.

The draft abolishes custodial sentences for debt, replacing them with mandatory public service. It seeks to place correctional, rehabilitation and detention facilities under full judicial supervision, to improve the health and social conditions of convicts and safeguard the rights of individuals with disabilities and those suffering from mental or psychological illnesses throughout the legal process.

The draft also stipulates the postponement of certain penalties for pregnant women in accordance with Islamic Sharia and international conventions. It limits the duration of pretrial detention and provides guarantees that while in detention defendants are not physically coerced and have the right to consult a lawyer and file any grievances before the court.

The amendments reduce the maximum period of pretrial detention for misdemeanours from six to four months and for felonies from 18 months to 12. Pretrial detention for crimes that carry the death penalty or life imprisonment will be reduced from 24 to 18 months.

Al-Tamawi highlighted the way the amendments regulate financial compensation for individuals wrongly detained and 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.

Moushira Khattab, president of the NCHR, expressed hope that the new amendments are a “progressive step” towards building a society characterised by justice, fair trials, and respect of freedoms and human rights.

Mohamed Anwar Al-Sadat, head of the opposition Reform and Development Party, noted that measures such as amending the Criminal Procedures Law and releasing prisoners come before Egypt submits its report to the fourth Universal Periodic Review by the United Nations Human Rights Council.

“These measures send a message to the international community that Egypt abides by international standards on fair trials and respects personal liberties and human rights,” he said.

* A version of this article appears in print in the 22 August, 2024 edition of Al-Ahram Weekly