EOHR announces campaign for the Cessation of Emergency law

 EOHR commenced 2003 with the announcement of its campaign aimed at ending the enforcement of the emergency law in Egypt. Under the emergency law No 162 of 1958 (‘the Emergency Law’), the executive authority has wide powers to suspend many civil and political freedoms and rights granted by the Constitution and legislative safeguards in the Criminal Procedures Code. The Emergency Law is due to expire in May 2003. At that time, a state of emergency will have been in force in Egypt for 22 consecutive years. It is predicted that the emergency status could be extended for another three year period. As the time for the law to expire approaches, EOHR calls upon the media, and political and social institutions to join its campaign which represents an important step towards securing democracy and human rights in Egypt.

The last two decades have affirmed that the Emergency Law is used to restrict various freedoms such as the freedom of assembly, movement, residence and opinion. Moreover, wide powers of arrest, detention, and search and seizure have resulted in widespread violations of civil and political rights. Power has also been given to the military ruler to issue decrees that have the force of law, thus avoiding parliamentary supervision. Such decrees have been used against human rights defenders (for example, Military Order No.4 of 1992).

The most dangerous consequence of the Emergency Law is its usurpation of the role of the Egyptian judicial system. Parallel exceptional courts have been created to hear criminal cases concerning threats to State security and alleged violations of military decrees. Certain civil and political trial protections do not apply in exceptional jurisdictions.  Additionally, verdicts from such courts are non-appeallable.  However, the President has wide powers with respect to ratification of verdicts and is even capable of ordering a retrial.

The continuous enforcement of Emergency Law is no longer justifiable in Egypt. The political or religious violence which was the pretext of the extension of the state of emergency during the 1980s and 1990s no longer exists. Accordingly, the cessation of violent practices is an opportunity for the protection of individual and public freedoms to take political priority.

EOHR’s campaign will include the publication of statements and reports and the holding of specialized public seminars. EOHR hopes that its campaign will persuade the legislative and executive authorities of the importance of ending the Emergency Law in Egypt. EOHR declares its solidarity with all activity that aims to promote human rights and which targets the cessation of the Emergency Law enforcement in Egypt.