Fighting terrorism: How Egypt’s amended laws to expedite trials?

CAIRO – 29 April 2017: President Abdel Fatah al-Sisi endorsed amendments to four laws regulating court procedures in Egypt on Friday, speeding up court hearings and facilitating counterterrorism procedures.

Law No. 11 of the year 2017, published in the official gazette, addressed Egypt’s law of criminal proceedings, the law regulating circumstances and procedures for appeal before the Court of Cassation, as well as Egypt’s 2015 laws tackling terrorist entities and counterterrorism.

Below are the most important amendments and what to expect after their ratifications:

Selecting witnesses

Aiming to expedite the hearings, the amendments have granted the court an exclusive authority to decide the witnesses and testimonies it needs to hear. Moreover, in case the witnesses cannot testify for any reason, the court is obliged to use the testimonies given at the preliminary investigations, without having to consult the accused or his lawyer.

Both the prosecution and the defense are also obliged to submit the names and information of their witnesses and the means to reach them, “when asking for certain witnesses,” the amended article states.

In the initial law, the lawyers had the right to call up all of the witnesses they demanded and to extend the hearings to recall their previous testimonies and statements.
Moreover, the court was not under any obligation to use prior testimonies, in case the witness does not show up again, and the accused or his lawyer had to first agree to this proceeding.

Abridging appeal proceedings

In an attempt to shorten appeal procedures, the amendments give the Court of Cassation the authority to directly address the issues referred to it, where the judgment or the legal procedures are deemed invalid, and to issue a valid verdict at the first appeal session.

The only case where the court of cassation can and should refer the case to the initial court and not take a direct verdict is when the former “accepts a legal defense that hinders its proceeding of the case.”

Adding persons to terrorists list

Under the amended law, instead of having to submit all investigations and documents in support of his request to declare a person or entity as terrorist, the prosecutor general can only submit one of several alternatives, including investigations, documents, inquires or supporting information to back up his petition.

Confiscating assets of terrorism suspects

According to the new amendments, the prosecutor general has the authority to order the confiscation and freezing of assets of any suspect, in case he has enough evidence linking the latter to terrorist activities.

Initially, the prosecutor general had no authority in this matter unless the suspect was already on the list of terrorists.

More sanctions for listed terrorists

The amended law extends the maximum period for being listed on the government’s terrorists’ roster from three to four years. Moreover, it adds a new sanction for those designated on the list, which is “prohibiting the practice of any civil affairs or advocacy activities.”

The initial sanctions included a travel ban, passports confiscation and assets freeze.

Reinforcing counterterrorism law

The amendments also add new provisions to the counterterrorism law issued in 2015. One new article, aimed at addressing lawyers’ procrastination under the pretext of “court recusal”, obliges the side that applies for the recusal to deposit 3,000 EGP as a bail; and it sets a deadline of 24 hours to schedule a hearing to look into the demand.

The recusal must be investigated and determined within one week from the submission of the request, the amended law states.

The Egyptian parliament and the Security Council have already approved the amendments, aiming at expedite trials procedures, especially in terrorism cases.