CAIRO – 28 August 2024: The Freedoms Committee of Egypt’s Journalists Syndicate has called for a comprehensive review of the draft Criminal Procedures Code, specifically its provisions concerning publishing and pretrial detention, which are currently under parliamentary discussion.
In a statement released on Wednesday, the committee criticized Article 267 of the draft code, arguing that it “undermines journalistic work and restricts journalists’ ability to inform the public and present facts.” This article prohibits the publication of news, information, or discussions about legal proceedings in a manner deemed unethical and potentially obstructive to justice.
The draft code also forbids discussing information related to judges, public prosecutors, witnesses, or defendants in cases covered by the Anti-Terrorism Law 94/2015. Violations are punishable under Article 186 bis of the Penal Code, which includes fines ranging from LE 100,000 to LE 300,000, confiscation of related devices or items, and increased penalties for repeat offenses.
The Freedoms Committee has urged a reassessment of these provisions to protect journalists’ rights and the public’s access to information, highlighting concerns about ambiguous language that may conflict with constitutional principles.
Additionally, the committee has advocated for revising the rules on pretrial detention. They propose reducing detention periods to three months for misdemeanors and six months for felonies and ensuring that detention cannot be extended based on expired accusations or charges.
The committee has stressed the need to address pretrial detention issues, calling for a unified legal framework that upholds individual rights and reflects a genuine commitment to reform.
The Egyptian Lawyers Syndicate also voiced concerns about the draft law, criticizing it for insufficient examination and lack of inclusive dialogue with legal professionals and human rights organizations. They raised alarms about provisions that expand seizure, investigation, and trial powers, potentially infringing on defense rights.
In response, the House of Representatives has invited Abdel Halim Allam, Head of the Lawyers Syndicate, to participate in upcoming discussions on the draft law. MP Atef Maghawry, a member of the Constitutional and Legislative Affairs Committee, acknowledged receipt of the syndicate’s concerns and assured that these would be carefully considered.
President Abdel Fattah El-Sisi has emphasized the need to reduce pretrial detention durations and ensure that detention remains a preventive measure rather than a punitive one. On 21 August, Sisi highlighted the importance of implementing alternative measures and providing compensation for wrongful pretrial detention.
MP Ihab El-Tamawy, head of the parliamentary subcommittee on the new code, revealed proposals to shorten pretrial detention periods to four months for misdemeanors, twelve months for felonies, and eighteen months for crimes punishable by death or life imprisonment.
