Journalists Syndicate requests revising Egypt’s new Criminal Procedures Code, urges community dialogue

CAIRO – 28 August 2024: The Freedoms Committee of Egypt’s Journalists Syndicate has urged a thorough review of the articles concerning publishing and pretrial detention in the draft Criminal Procedures Code currently under discussion in Parliament.

In a statement released on Wednesday, the committee emphasized that Article 267 of the draft code, which pertains to publishing, "undermines journalistic work and restricts journalists' mission in enlightening society and conveying facts."

According to this article, it is prohibited to publish news, information, conduct dialogues, or discussions about legal proceedings in an unethical manner that could interfere with the course of justice.

Moreover, discussing any information related to judges, public prosecutors, witnesses, or defendants during the consideration of crimes outlined in the Anti-Terrorism Law 94/2015 is strictly forbidden.

Violations of these provisions will result in penalties as outlined in Article 186 bis of the Penal Code, the article says.

This article of the Penal Code includes fines ranging from LE 100,000 to LE 300,000. The article also mandates the confiscation of devices or items used in the offense, deletion or destruction of related content, and doubles the fine for repeat offenses.

Publishing, pretrial detention

The Freedoms Committee of the syndicate has called for a reassessment of these provisions to safeguard journalists' professional rights and the public's right to information.

They highlighted that the article contains ambiguous language open to interpretation, which conflicts with constitutional principles.

Additionally, the syndicate and the committee have advocated for a reconsideration of the rules around pretrial detention in the draft law, proposing a reduction of the detention period to 3 months for misdemeanors and 6 months for felonies.

They emphasized the importance of clauses preventing repeated detention on the same charges in multiple cases, ensuring that suspects cannot be held based on expired detention or accusation periods.

The committee stressed the urgency of eliminating the file of pretrial detainees in opposition to current regulations, underlining the necessity of a unified legal framework that upholds the rights of individuals and the accused.

They emphasized that such legislation must reflect a genuine commitment to reform and the cessation of practices exacerbating societal challenges.

The committee has urged for patience and thorough deliberation in the ongoing discussions concerning the draft Criminal Procedures Code in the Legislative Affairs Committee of the House of Representatives.

They cautioned that the current trajectory of discussions raises significant concerns and fails to align with the collective aspirations of Egyptian society in amending a law fundamental to the country's judicial system.

Societal dialogue

The committee stressed the importance of engaging in a comprehensive societal dialogue regarding the new law, involving consultations with all relevant institutions and stakeholders.

Such discussions are vital to ensure that the law is not enacted in a manner that dilutes its core principles or fails to genuinely uphold the rights and freedoms of society and individuals in accordance with constitutional provisions.

The committee reiterated its unwavering support for the Egyptian Lawyers Syndicate concerning the draft law and all collective endeavors aimed at safeguarding societal rights and ensuring that the legal framework provides essential protections for citizens.

It affirmed the need for equitable judicial processes founded on clear and unequivocal language that leaves no room for misinterpretation.

In a statement on Monday, the Egyptian Lawyers Syndicate highlighted that despite the benefits and constitutional merits embedded in the draft law of the new Criminal Procedures Code, “it lacked adequate examination to align with its intended legislative goals.”

The syndicate also underscored the absence of a proactive and inclusive dialogue within the legal community involving judges, lawyers, law professors, legal scholars, and human rights-focused civil society organizations.

Deep legal concerns

Furthermore, the Lawyers Syndicate drew attention to certain provisions in the draft law that have sparked intense debate and confusion within legal circles due to “their broadening of seizure, investigation, and trial powers at the expense of the right to the defense.”

The Lawyers Syndicate added that these provisions have been widely criticized for “encroaching upon fundamental defense rights stipulated and established by constitutions, successive laws, and international treaties.”

Responding to these concerns, the House of Representatives has extended an invitation to Abdel Halim Allam, the Head of the Lawyers Syndicate, to participate in the upcoming discussions on the draft law scheduled for next week.

MP Atef Maghawry, a member of the House’s Constitutional and Legislative Affairs Committee, said they received a memorandum from the Lawyers Syndicate outlining reservations on specific articles within the law, which will be carefully reconsidered based on the syndicate’s feedback.

Presidential directives

While the Parliament is currently working on the new legislation aimed at reducing pretrial detention periods alongside other reforms within the Criminal Procedures Code, President Abdel Fattah El-Sisi underscored the importance of reducing the maximum durations for pretrial detention.

In a statement on 21 August, Sisi emphasized the necessity to maintain the preventive nature of pretrial detention as a measure necessitated by investigations, without it evolving into a punitive action.

Sisi also highlighted the need for activating the application of diverse alternative pretrial detention measures.

Furthermore, the president stressed the significance of providing financial and moral compensation to rectify the harm caused to individuals who have been subjected to wrongful pretrial detention.

MP Ihab El-Tamawy, head of the parliamentary subcommittee responsible for formulating the new code, revealed proposals to shorten pretrial detention timeframes to four months for misdemeanors, 12 months for felonies, and 18 months for felonies punishable by death or life imprisonment.