12 January 2025
The Association for Freedom of Thought and Expression (AFTE) reiterates its rejection of the draft criminal procedure law, which the House of Representatives continues to discuss today after approving 61 articles without introducing any substantive amendments. The association also announces its support for the proposals presented by the campaign “Towards a Fair Criminal Procedure Law,” which provides a legal critique of the draft law’s constitutional and international violations.
Mohamed Abdel Salam, Executive Director of the Association for Freedom of Thought and Expression, stated:
“The House of Representatives continues to discuss the draft criminal procedure law without paying any attention to the objections raised by human rights organizations, unions, and opposition political parties. This reflects the dominance of executive authorities over the House and their desire to pass the law despite its violations of the constitution and international conventions, further institutionalizing arbitrary practices by law enforcement and investigative authorities and granting them legal legitimacy.”
It is worth noting that by proposing this draft law, the House of Representatives has ignored specific recommendations made during the National Dialogue to amend particular articles related to pretrial detention. Human rights organizations have documented continuous abuses in recent years by the executive authority and the Public Prosecution, which have used pretrial detention as a punitive measure in cases involving freedom of expression, affecting thousands of citizens.
Despite the limited impact of the proposed amendments under the current law’s ongoing violations, the House of Representatives has opted to introduce comprehensive changes to the criminal procedure law as a whole. This project was not part of the House’s legislative agenda, nor was it driven by urgent necessity, particularly in light of the neglect of more pressing laws such as the Freedom of Information Law, election laws, and the Local Administration Law.
The provisions of the draft criminal procedure law violate the right to a fair trial and associated rights for legal defense and defendants. The draft law allows the prohibition of defendants and their lawyers from obtaining copies of case files and denies them access to investigations. Moreover, the powers of judicial police officers are expanded to include conducting certain investigative activities. The law also permits the Public Prosecution to monitor communications without a time limit or the approval of a summary judge.
Detailed proposals from the campaign “Towards a Fair Criminal Procedure Law” can be accessed through the following link: https://defenselaws.net/?p=1218
