|
EOHR Condemns the Extension of The State of Emergency for Two More Years
|
30/4/2006
EOHR condemns the decision of extending the state of emergency for two more years, which forces the country into the state of emergency for a continuous 27 years. Today, the NDP-dominated People's Assembly issued the decision of extending the enactment of the emergency law of two more years.
The pretext used by the Government to extend the state of emergency is that it aims to backup the security forces in encountering "irresponsible terrorist acts", a pretext that has always been used by the Government in the last 24 years, despite that the state of emergency didn't prevent more terrorist acts from taking place.
Its worth mentioning that in 1985, EOHR stressed on the dangerous consequences of enacting the emergency law, and confirmed also that the Egyptian Government is working on converting the emergency law to work as the actual constitution of Egypt.
EOHR also stressed in its reports and statements that the state of emergency exceeded, in its legal interpretation, the limits of the emergency law itself, and negatively affected the legislative structure in Egypt, and violated many freedoms and rights furnished by the Egyptian Constitution and international human rights documents.
According to emergency law, the Egyptian authorities have the authority to limit the freedoms of individuals in meeting, traveling, residing and arresting any suspects who constitute a threat to national security, in addition to searching persons and places without abiding by the Criminal Procedures Code.
These all constitute a grave violation to human rights and freedoms established in the Constitution according to Articles 41, 42 and 50, and a violation to many international human rights instruments ratified by the Egyptian Government.
Emergency law also permits presenting the suspects to the State Security Supreme Court (Emergency Court) where the suspects denied many measures of the fair trial, including the right to appeal in a higher court. Emergency law also allows presenting civilians to military courts.
On one side, according to emergency law, the Military Commander ( President of the Republic) or his representative has the authority to censorship mail, newspapers, publications, bulletins and all other forms of expression and media before is been published, and they have the authority to confiscate or delay these materials.
On the other side, the Military Commander has the authority to issue decisions which have the same binding powers as a law. One example is the Military Decision 4/1992 concerned with demolishing buildings and collecting donations, which is considered a breach to the powers of the legislation and a threatening tool to the work of the civil society.
Accordingly, EOHR calls upon President Mubarak to fulfill the promise he made in his campaign to end the state of emergency, which will be considered a first step in a real political and constitutional reform in Egypt.
|
|
