•
A.RAB REPUBLIC OF EGYI- ..
MINISTRY OF JUSTICE
GEN ER~ DEPARTEMNET FOR INTERNATIONAL
4.
COOPERATIONS -~~D CULTURAL
THE FIRST REPORT
OF EGY PT PRESENTED TO THE AFRICAN COMMI'M'E
OF HUMP~ RIGHTS HELD AT NIGERIA
DURING 28/2/1991 to 13/3/1991
Contents
1.
Introduction .
2.
Part I :
Principels of Human Ri&3ts and Egyptian Consti t ut i on.
3.
Part II :
Some Egyptian Laws and Principles Of Human Rights .
a . Introduction.
b.
Chapter I :
The Egyptian penal la~,
Human Rights.
other special c ri~ nal laws concerned with
c.
Chapter II :
The Egyptian Criminal Procedures Law , some other la~s connected
vith and The Principles of Hunan Rights .
d.
Chapter III :
The Egyptian Juvenile
e.
le\1 and Principels of Ruman Rigbts .
Chapter IV :
The Egyptian Imergeocy
f.
La\/ and Priocipels of Hucan Rights.
Chapter V :
The Lav of Judicia l
Le~ isleture
Authorities and Principels
of Ruman Rights .
4.
Pert
III :
International Contri bution of Egy-ptian on the international
Conventions for Ruman Rights .
5.
The End .
ARAB REPUBLIC OF EGYPT
MINISTRY OF JUSTICE
GENERAL DEPARTMENT FOR INTERNATIONAL COOPERATIONSA.ND CULTURAL
FILE NO.
/9~/VJ\RIETIES
I
THE FIR~T ~f:1>01'IT Of' f:GYPT
WHTCII IS PRESENTED TO THE AFRICAN
COHMITTEE FOR HU~tl\N RIGHTS AND
o;¥ILL BE HELD IN NIGERIA IN
28/2/1 991 to 13/3/1 991
PREFACE
;.
n~
There is
,~.n.!
rights is
the
wha t
1oubt that the inte rnati=nal society ' s
of the most impo rtant human achieveMents by which the world ends
r..:main~,eri.cj
~hn
interest in tr.e ~uman
hu~~n
of t he twentieth century.
j~urncy
It is considered a happy and for
faced during the pervios ages and the last years of the
latest and cu rr~ et centuries such as the
~vents
which accurred and now they are
considered as e xt reme violations to the human rights st.'i rting 11hich torturing
and persecution
on the individual and collective levels and ending with the
countries colonise each athers.
Un i \ ' Pl." . :,,:
'!'he
Uni t~d
eff ~rts
Nnt1on~·
Jeclar.:J.tion of LhC! hum.:ln rights which i s issued by r.he
O:g~niza tion
is 10/12/1948 as a r esult of the international
which rnsJlted in the United Nation 's Charter and as a natural
of continuation·o~ the se effor t s in assuring and stabilizing this n~w
In ~he same timt~
lat us~
-'~
v t: r':'
~hr.rt
su~fer!ng
~v<t!::;
which imposed themselves on thG in te rnational fie ld
in wh ich all the countri es
j n
~ft c~
the \o/Orld fought: each o::her in
·.i,r. e und left behind them all t-he kind,; of dc:::;tructiC"n ,
Th ~3
and ter;:0c .
charter .
, this declaration was a definite reflec~i o n of the internationa
~~v~lupcr1e~ts
the r.""o Hnrln
~ ~su1t
w~ec!<~g e
,
urged all the world ' s people - in the liqht of Lheir previous
- t o ptt the mutual subj ective
tee peace, safty, and abundance for all
b~si s
th~
and understanding which guaran-
peop l ~
on eartlt.
The decla ration
expressed truelly this human attempt in its prelude which it started ~ ith that
to confers that a . l membe rs of the human fam ily must. have firM ed , equal right s
and tru~ dignit),
ill !..::c> world
.:~nc
this will establi sh the
b~sis
of liber ty, justice , and peace
':nat ~gnoring the human righ ts and disgusting them ,resulted
in th.; d .::eds whicl
its bad::arity Stirred the hUI:l.:t n consci e nce and it became ess-
enci.Jl anc import<. nt th:tt the hu rniln r ights must be guil rded
and that all th2 countri e s mus t
cocperut~
to
su~rort
the
by
judicic:l sys tem
rc~ p~ctnesc
of the mut-
u al·inderstanding of these rights and libe r ties to Quarantee its complete f ul-
(2)
fillment .
?he international socie t y's awareness of the h uman r ights ' importance and
r e s pec ting these rights and prese~ting all the guarantees for applying these
rights and pre~t:tli....i.u~:~ all i..ltt: '::lual::cwtees for applying i t to every body on earth
t his awareness developed quickly and deeply .
The internati onal society succee-
rled in a ve r y short period si nce the date in which the internaton a l declaration
of the United Nations ~as i ssued in 10 /12/ 1 984 until now - in c odifying a lo t of
matters concerning with the human rights in many fields through internationl
agreements and charters .
Countrirs joined them in o r der to follow the hurna~
procession ' s firmed steps and to assure the respectness of these rights.
a~areness
In the li ght of this international
of the. importance ot the role
..
which the human rights play as a corner sto n e for the development and
th~
welf-
are of the manking , the countris which did not join these i nte r national charters
and agreement became inconsiderableness and isolated from the internatioal s oc iety .
Bu t these countries eithe r sooner or la te r will join these charters either
according to their current systems or according to the
wish of their peo Fle
who will dismiss any system different from this internationa l, civilized prcce-
....
ssion and ~nll not linge r in joining ~ ~ .
All the internations decla r at ion, agreements, and cha r ters ~hcih the General
Assembly of Th e United Nations whi ch r eprese nts The International Soci ety and the
o rganiza tions which follow it to assure the human rights and widen their extent ,
fields and k i nds, all of them express deeply and truely how much importance
human rights have on
t~e
in terna~ional
level and r eflect co what e::tent all
~he
~he
countries in the world feel that thP. huna n rights play an essential and iMportant role to assure best fu ture for a ll the hunanity .
This r epo r t is the first one which Egypt presents to the African commilt'=Efor human rights.
So, this preface i ncludes historical and specific revieu·of
the agreements and the declarations which the United Nat i ons ' Organization issued
in this field in c rder to faci litate through this r evie·N to throv1 light upon the
legislative efforts nade by t:1e
extent Egypt participates
j~
th••
Egypti~n
Legislator in the local field and to what
. greenen ts and declarations issued in this
fj~ld.
These agreements and decla!~~ions a r e reviewed speci fically as Lhe f o ll owing: -
{3)
First:
....
The 1~tcrn3t!o~~l L:::qi~lation of Human Rights:
1- The 'Unive::-s?.." . _.l Declaration of Human Rights .
'!'he C::::-::::-~.!. ?'.::::::::::::!;l:.r c f The United Nations decree in 1 0/12/1948
2-The Deplomatic Woman ' s Rights Agre emen t
The Genera l Assembly o f The United Nations decree on . 20/12/1952
(came into forec in 7/7/1954)
3- The International Agreement f or the civil,
Political Rights and the Attached Optional
Protocole .
The General Assembly of The United Nations
Organization's Decision in 16/12/1966.
( Came Into Fo r ce in 23/3/1976)
.
4- The International Agreement Concerning With the
Economic, Social, and Cultural Rights.
The General Assenbly of The United Nations
Organization 's Decisionin 16/12 / 1966
{ Came into Force in 3/1/1976 l.
Second :
Self Determination Right:
1- The colonized countries and peop l e
Independency Declaration
'l'hc general Assembly of The United Nations' organization is in
Decesion 14 / t2/1960
"--"..,..,.
,_"- =- T~~ ~ a tural resources .
. - -·· ...--The General Assembly of The United Nations' Organization's De c i sion
in 14/12/1962
!h!!:Q.i.
The Discrimination
Prevention:
1 - The United Nations '
Decl ~ r~tion
of putting an end to all ki n d s o f
recial Discrimination.
The General Assembly of The United Nations' Organization's i n Decision 20/11/1963
2- The
lnterna~onal
Agr e eme n~
of putting an end t o all kinds of na ci ~l
Discrimination.
The General Assembly of Th e United Nations ' Organ ization 's Decision
in 21/12 / 1 965
(came into force in 4/1/1969)
3- The International Agreement of Deterr ing The Creme of Racia l Discr imination and putting the punishment for it.
The General Assel"\bly of The United Nations ' Organization's
Decision
in 30/11/1973
(carne into f o rce on 18/7/1976)
4 - The Agrement of De t e rring The Siscrimination in the fild of Employment and Jobs.
The General conference of the International Labour Organization ' s
;,
Decision in 25/6/1958
(came into force in 15/6/1960)
5 - The Agreement of Deterring Discrinination in The Field of Education .
The Decision of The General Confe rence o f The United Nations'
Or gan iza tion for Education and Sciences in 14/12/1960
(came into force in 22/5/1962)
6 - The Protocole of Establ ishing The concil i ation and c or:w.endable eff orts
conu-;~ittee
for Resolving the disagreements between the countries
involved in the agreement o f deterring the discri mination in the field
of Education .
The Decision o f The General Conference o f The United Nations '
Or ganization f o r scientific Education in 10/12/1 962
(came into force i n 24/10/19&8 j
7- The l\greeme:1t of The E91ality in Salaries .
The Decision o f The General Conference of The International Labour
Organization in 29/6/1951
(came into force in 23/5/1953)
8 - The Declarati on of De t erring The Discrim ina t ion against women .
The Genera l Assembly of The Uni t ed Nations ' Organization's Decision
in 7/11/1967 a nd The Agre emen t concerning this declaration had
been approved according to the gene r al assembly ' s decision in
/18/12/19 79
(came into force in 2/9/1981)
9 - The United Nations ' Declaration of putting an end to all kinds of
Discrimination and
Fanatici~m ~~i~h
The General 7\sser.bly of T~e
in 25/10/1981
t~ itcd
based on religis basis .
Nations ' Or9aniz3tion ' s OecisiQn
(5)
10- The Dec l aration Concerning with the main principles of role o!.
the mass medias in supporting peace , Internationa l Understanding
Human Rights and Deterring Discrimination and war .
The Decision of The Unisco General Conference i n 28/11/197 8
11- The Declaration concerning with the Race and Racial Discrimi nation.
The Decision of The Unisco Conference in 27/11/1 978 .
Forth:
The Genocide war Crimes:
l - The Agreement of Deterrin g the crime of Cenocide and putting THe
pun is hment f or i t.
The General Assembly of The United Nations' Org anization ' s Dec ision in 9/12/1948
(ca~e
into forc e in 12/1/1901
2- The Agreement of preventing the prescripti on of war crimes and
the crimes co~itted against humanity.
The General
A~se~ly
of The United Nations ' Organization ' s deci-
sion in 26/11/1968
(came into force in 11/1 1 / 1 970)
3- The Principles of The International Cooperation in chasing, arresting and delivering those who are accused of committing war crim~s
or c rimes against humanity .
The General Assembly of The United Nations' Organi z ation 's d ecision in 3/12/1973
Fifth:
Slavery and Forced
Labour
l- The Agreement concerned with slavery and the modifying protocole
(Geneve 25/9/1962 and New York Un ited Nations in 7/12/1953)
(came into force in 7/7/1 958)
2- The Complemen tary ag r eement for prevent ing slavery and slaves
trade .
The Decision of The Economic , Social council o f The United Nations
in 30/4/1956
(carne into force in 30/4/1957 )
I
(6)
3- The Forced Labou r' s
Ag ree~ent
The Decision of The I nte r national Labour Organization ' s Conference
i n 2.tJi'6/l9JO
(came into terce t n l(S/1935 )
4- The fo r ced tabo r proh ibition agreement .
The Decision of The International Labour Organization's conference
in 25/6/1957
(came into force in 17/1/1951)
5- The Agreement of The Prohibition of people ' s exploitation and pros-
titution .
The Genera l assembly o f The Uinted tlation s ' Orga nization ' s decision
i n 2/12/1949
(came into force in 25/7/1951)
si ~ th :
protecting The Prisone r s :
1 - The Lawest standard rules of the prisone rs treatMent .
The decision of the gene r al conference of The United ~ations for
preventing crime,the economic, social council in 31/7/1957
2- Person ' s protection f~om ceing to r tured and illtreated.
The General Emba55jof The United ~lations ' organization's decision
...
in 9/12/1975
3- The
Agrec~ent
of resistinq tert~re and illtreatnent .
The General Assembly of The United Nations ' decision in 10/12/1984
4 - TO codify the behaviour the embloyees •. .1 ho ca r ry out the laws .
The General Assembly ::>f The United tlations ' decision in 17/12/1979
5- ~rincipels of medical rrofession rel~ted to the role of medical employ pes
Ln protected the imprisor.ers as General Assembly of United ~ations d~cr~e
b::::ueu uu iC/i2/C2 .
The Nationality and The statelessness and The refuge:
.
Seventh :
1- The narried woman ' s national ity agreement
The General .\ssembly og The United ?lations ' decision in 2'3/1/1957
(cane into force in 11/8/1958)
2-
The reduccion of the statelessness cases agreement
The GEne ral Assenbly of the United ~lations' decision in 4/12/19~4
(came into force in 13/12/1975)
3- The posission of The S~atless agreement
The Confere:--r.e o f
t ~e
econc--:i.c ,
in 26/4/1954)
(came into force in 6/6/1960)
:~cial
sounci1. of T~1':! United. !liltio!"c:
(7)
4- The Agreement concerning with the refugee sit uation
The decision of the fefugee and the state l ess conference of the
United States in 14/12/1950
(came into force in 22/4 / 1 95 4 )
5- The protocole concerning with The r efugee situation
The decision of th e social and economic counci l of the United
Nat i ons in 1 6/12/1966
(carne into force in 4/10/1967)
6 - The Declaratop~ pf the regional refugee
The General
Asse~ly
of the Unithed Nations'
se~Sion
in 14/12/ 1 967
Eighth :
The
syndicalis~
Liberty;
1- The syndicalism libe rty agreement and the right of th e syndicalisn
orgainzation
The dec ision of th e general conference of the internat i onal l abour
organ iz ation in 7/9/1948
(came into force in 4/7/1 950)
2- The agreement of the syndicalism organization and collective negotiation rights
The decision of + he genersl c onference of the
intern~ti ona l
labour
organization in 1/7/1949
(came into force in 18/7/1951)
~-
The agreement concerning ~~ith the laborers' representatives
The decis ion of the general conference of the intern at i ono l labour
organization in 23/6/1971
(came into force in 30/6/1973)
4 - The agreemen t of the work r elationships in the public service
The decision of the general conference of the international l abour
organization in 27/6/1978
5- The policy of employement agreement
The decision cf the general conference of the international labour
organization in 9/9/1964
(came into f orce in 15/7/1966)
(8)
Nineth:
Marriage , fanily , childhood and youth :
1 - The Agreement of acceptance and the oinioum age and contracts
registration in marriage
The general assembly of the United Nations' decision in 7/11/1 962
(came into force in 9/12/1964)
2 - Declaration of thr child ' s rights .
The gene ral assembly of the Uni t ed Nations ' decision in 20/11/1959
3 - A declaration concerning with women's and children 's protection in
emergenc ies .
The general assembly of The United Nations' decision in 14/12/1974
Af The declaration of educating youth
The rules of peace ,
~utual
raspectness and understanding be tween
peop les
The General assembly of the united Nations decision in 7/12/1965
Tenth:
Welfare, prooress and develop~P nt in the social field:
1- A de claration
about progress a~d development in the socia l field
The Ge neral assembly of t he United Nations ' d ec i sion in
2- The inte rnational declarat ion of putting an end to
ll/1~/19G9
star~ation
and
ill-feeding.
The general assembly of The United Nations' decision in 17/12/197~
3- The International declaration of using the scientific developenent
in the fields of peace a~d the ben fit of Humanit~ .
The general assembly of The United Nations' decision in 10/11/1975
4- The declaration concerning with the retardates
The general assembly of t~e United Nations ' decision in 20/2/1971
5- The declaration concerning with the rights o f the handicappeels.
The general assembly of the United Nations' decision in 9/12/1975
Eleventh :
The culture, developernent ~~d cnoneration international riohts:
The declaration of th~ priciple~ of international, culural
cooperation.
The decision of the Unesco Conference in 4/1111966
'l'wel •eth :
Th~ prccedu r s ao2ins~ ~~~ H~man ri;h ts viola tion:
The declaration of 1:he prccecbr,....s against the Hunan Rights violation .
As much as the United Nations Organization - being the Internationa l
anization
which represents all of the world of countries
c~,-
evaluates the human
rights and expresses its complete interest in these human rights by practical
and executive •:.·.:.~·::: t~:!"c:.:;~ :::.:::-:~· (:;::::::c:.fic c::cl.:.r.:1t:ions and egreements which have
been issued and prefiosly mentioned in this field- new charters of the human
rights which have the same importance have been issued and gather ed all the
countries which have the sace problems and interests to get benefit of the se
sircumstances to creat mutual and wide spreaded unde rstanding which appoints
the human rights more speci fically and make them lawfull to be effective and
in order to guarantee protectiing and r especting these human rights.
In this respect , The Europian Countries proceeded tp
.. issue the human rights
Europian agreement in Rome in the year 1950 (4/11/1950) including - according
to the agreement- that it came to achieve more firmed Union between its members
and to realize the aim of the internationality and effective acceptance of the
human rights.
In 22/11/1969
I
The Mlerican Agreement of Hunan Rights had been itss ue d
j :1-
clud,*ing nore criterions for economic , social and educational rights and included All the international nevi achievemen ts o f the human rights movem~mt during
the previos period.
Our continent
I
Africa, did not fall behind this international moveme nts
but its history was full of many kinds of colonization and r ac ial discrimination which r esul tecn;n'l"~the cases of retardation because of the Unfair International economic syste~ which made our continent realizes how much it was imporant to defend the people and human rights as a corner stone to achieve peace
development and to recognize the national and the international unity politically1 economically or socially .
So, the ~frican charter for human rights was issued in Nuruby, Kini a in
1981 by The African Unity Organization expressing the o rganization's a waren-
ess of being responsible for protecting and advancing people's and human rights
and liberty taking into conside ration the importance of these right s and
ty for Africa .
lih~ r
The charter in cluded also that there must be special inte r est
in right of development and there must be no separation betwee n the politic~!
and cil!iil rights r and the economic
1
social and C\ll tural rights •
1\nd to rev• ~V-I
the aim of putting an end to the colonization and the racial discrimination and
to achieve the complete liberation of all The African Countr i es.
\
'
These regional charters shared in the concer ted carrying out of some
right~
which were included in the international declaration of human rights because
these charters resulted in establishing sone systems by which these rights ca~
be rooted o.uU. ~.;uu.i:.i.t:!u .i.u u.cuer to oe
pro~ected
by la...,, and not to be violated.
So , The Europ[~committee for human rights and The European Court have been
emanated from The European
charter .
And The P~erican coMrnuttee and court for
human rights have been emanated from the American charter .
Both committe es
specialized in re~ving and examining complaintsfrom violationg the human rig~ts
where as the courts issued the penalties for these violations as mentioned in
the charters .
And the Afri<nAtommittee for human rights has been emanated from
the African charter .
In the light of this preface which presented his tori ca l and specific results of of the international efforts in the field of the human rights through the
United Nations Organization or the other regional organizations, The Arab Republic of Egypt puts its report containing the follo.,.ing t11rec point'; ;
1- The human rights and the Egyptian constitution.
2- The legal legislations and the human rights .
3- Egypt's
int~rnational
contribution in t he field of human rights.
-\1First "Pa=t
The Egypt i an Constitution and the Human Rights
(G.fl.L.
The Egyptian Constitution issued in 1971 t ook f of Human Ri ghts when it put
i ts stipulation andprovisions and cared for codi f ying them in al l their political •
economical,and soc i al sides. I ts insturment of ra tif ic ation expressed all of that
as i t Mentioned that this constitution put :
An ob l igation t o every body
without anylimitations or restri ctions
to do
every body ' s best to achieve peace for ou r world which is based o n nothin g
but justice .
A belief that the political and social developnent for all the countreis can
;.
not be achieved except with having l iberty for
c ountreis and having thei r
ow~
all the peoples of these
fr ee will and that any civilization can noc
b e called so without beeing free of a ll kinds of the exploitative syst e m.
A c onviction tha t all the national and the i nternationa l experiences are
considered as integration to the exten6- that
complete unity
it can be considered as the
between the internationality of the human struggle f or'Mun ' s
liberty politically , economica lly, culturally , and
against all forces and deposits of
i ntell ectu.::~lly
, a nil the: •..:ar
re tardation , domina~ion,and exploitation.
An awareness of that Man ' s humanity and superurity are th e nain means for
the great developnent of the Mankind towards the supreme ido l.
An awareness of that the individual~ ' s dignity is a reflecti on of the nati cn ' s
dignity .
The supreMacy of Law is not only the guarantee for the individ ual
' s liberty
but also the only basis of the l egality of the authc rity.
So the Egyptian Constitution illustr ates its tendencies corre spond ing with the
historical movement which is c ontemporary of all variables and latest dev e l opnent!"
in the international area in the field of human rights due to the fact thut the
Egypt i an Constitution took alot of c are with the human rights and put them in the
greatest gr~e_which they are worthy of . All Itschapters and r.~any of Its stipulatio~conta in ed
the principles upon which all the mondial society agreed and It
expressed all these princip l es in charters and declaration s and international
agreements issued for the purpose of these p r incip l es which we are going to
mention in detail j
as the same devision and order stated in the
const~lution : -
First : The Principles l'lhich ArP Contain"!d Tn the First and SPcondcl\apters Of
the Constitution
~-
1- The principle of thac people are the source of the au th ority ani! th'lt
the authority of the gove rn ~~~t de?e~d on the p~ople ' s will .
arti.de No .
(3)
-tJ... 2- The principle of preventing exploitation , and distributing charges and
public require~ents equally.
article No. (4).
3- The principle of t he political libe rty and the multiplicity of th~litical
parties.
article No .
(5) .
4- The princi ple of opportunities equality.
article No. (81) .
5- The principle of protecting family , motherhood , childhood , youth , and the
new generation.
articles No . (9 , 10) .
6- The principle of the equality between women and me
, n 1n the politica l, social
and economical fields.
article No .
(11).
7 - The right of work and the prevention of the forced labour .
article No .
(13) .
8- The r ight of holding public emp loyments .
article No .
.
(14) .
9- The right of having free education in al l d tfferent s tages o f education .
articles No . (18 , 20) •
10- The right of p r ov iding the cultural, social, health , and social
services
in sur~ce
and pension for disability , decrepitude, andunepl oyme nt.
articles No . (16 , 17).
11- The Princ i p{(of the equo,lity in the distribution of the national i ncome
and the guarantee of having minimum charge f o r the labourers and their
participation in the m~~agem ent and p r ofits .
articles No . (23 , 24 , 25 , 26 , 27).
1 2- The principle ot the protect1o n ot the private ownership and the
prevention of hav ing any recievership except by a judicial sentence ari
-
no one is able to expropriate it except for the public benefit and the~
must be an equitable compensation according to law .
article No .
(34).
Second: The Principles of The Human Rights \.fhich lvf ere Contained ln The Third Ch<.pt;;r
of the Constitution :
1-
The Constitution aimed i n this chapter to show liberti es , rights, und
public duties. It also contained many principles which we r ~ sta t Pd by the
international agreements issued in the fielct of the hUMan rig hts. These
principle s are the f o llo wing :1- The principle of the equality and the prevention o f di scrinination because
of the sex , origin ,
art icl<> t:J .
(4 0) .
langun~ ~ .
relici0n,
o~ b~lief .
- /3 -
2- The p rinc i ple s of fr t> -:-dom and rights . They are t he person<'!l fre edol'l . Lh·•
freedom of p r ivate life , habitation , means of communication , a nd the freedom
and the right of transportation, emigrati on , relig ion, opt nion and e l ection,
nomination, journalism, sci e nt ific re search , neeting a nd forming assemb l ies
and unions , a nd asylum . The se freedoms and rights are contained in t he a r ticles
No . ( 41, 43 , 44 , 45 , 46 , 47, 48 , 49, 50 , 51, 52 , 53, 54, 55 , 56, 6 2 ) .
3- The principle of the disniss~ of a n evide nce which wa s derived
as a ·
r esult of f orce or duress .
article No . (42) .
The principle of not auj-..,ing the n o:-~sui t o f a crir.linal suit or a civil suit
which resulted fro m the violation of
t h~
public r i 9hts and freedoms wh ich the
l aw and the constitution gua r antee .
article No . (57) .
Third
The Principles of the Human Rights ~hie~ Are Contained in the Fou rth Chapter
of the Constitution
1 - Both the Constituion and those who are interested ir the suprimacy of l aw
cared for some pri.ncipled of the human rights ,..,.h i ch we will mention iu
detai~
:1 -
in the following statements :-
The pfin ciple o f the judicia:-y iM:Iunity and t.L e right~•"':g it"lt~, tf) cr·:"';l n.in,
and to appeal . And to f orbid the immunity of a ny action or decision from ! ~~OQ
sup~rvised
by the judicial authori~ies .
articles No. (65, 68) .
2- The princ i ple which states that the penalty must be subjec~ive and
t.hcr~ ar~
no crime or penalty without a p r ovision, and tha t a penalty nust not b~ e,acu ted
except afte r the cohn ing into force of t he l aw , and that acriminal~suit is not
to be pLusecuLed excep~ by an o ~ce ~ :rom a judicial au thority .
a rt icles No . (66 , 70) .
3- The princip l e o f the pleading r i9 ht and the wa r r ant f or those who are not nble
to pay f or it .
articles No . (67, 70) .
4- The p ri nciple of the i mmediate notification o f the arrest i ng causes , and the
ri ght of communicating with ...:hoc\ "'·il l be asked for their he l p, and the ::.iqht
to
appeal
to the judicia l authori ti es from the procedure of inf.'r isonnrnt
during a par t i cula r period of
article No .
tio~ .
(71).
According t o the previous illust::aticn cf tt>e Ec;ypti<!r: c-c-· 1 ~tiL• t.)f)n •, 5 ,_ ·tr· ments it is showcn clea r ly that all the p.r incipl es of the Hur.M'In Fightr.: ner.l·ralion
· nrl~
· -1PS Cf' .•·-'
. .. ''
~' ·c; --'-1 '1·::- r+-_i~
~~-'.J ri rh<:s are actually statr·-"
; 1 , t.hn
1
such ;:;st.'~
f !"l.
- - co•·
,-q _.
1
,.
the constitution by clear and direct provisi o ns . The constituion didnot just call
for these principles by words and statements but ~ it ,as a matter of fact ,
succeeded in doing all what can guarantee the actua l application and respc~tn
these p rinciples. !': v.::;v p~.::.t~~~~.:!
~~Cw t;y
the laws that :S issueJ(
of
from
violations . So t~~~ the constitution established the Constituional Court which is
an independent judicial authority ( article No ~ 74 of the constitution ) , it is
the only authority - accordin g to the constitution - which has the constitutional
supervision on the laws and the explanation of the legi slative provisions (article
No . 75 of the constitution).The constitution stated also that the members of the
constitutional court are not able to be deposed (article No . 77 o f the constitu t iol
and that its sentences which are connected with the constitutional suit~ and wi t h
the explanation o f the leg islative provisions are to be pub lished in the official
paper to enable every body t o get informed about the m (a t t icle No . 178 of the
const i tution) . And that its sentence s in the constitutiona l suit and its e xrlainin
decisions are obligatory f or all ~~· s authorities and f o r all the r eopl(artic
No . 49/1 of the High Constitutional Court ' s law No.48/1979).
Since the Egyptian Constitution has been issued in 1971 and its am cndm~ n ts ir
1980 and during the previous period of its comrning into force, there were m ~n y
jurisprudences and explanations in the legal f i eld bas e d on the pra ctical applica l
and the actual execution of the constitution ' s sentences . The obvious end of thOSl
juri sprudences was the High Constitutional Court as the ·
_ autho rity whic
issued many judgcments- i:1 this particular field-which esta blished by i ts crmr;tit n·
~traight
tional judgement the virtuous and
constitutional p r ovisions of the
values which are contained
in thr>
Pf i~les of the Human Rights and Liber t ir·~ -
so that it issued its ju:lger:1ent ~,:,ich sai d that the legislative pro visions w}, lch
viol ate or disagree with these Rights are not constitutional . We will menti on
o f the principles for which the High Consti tuti onal Court issu e d its
s0m~
jud ~c mr> n ts
i
this field in th0 fol l owing po ints :1- The Principle1t.lot Permitting Any Co nfiscations exce pt by a Judiciary J udor?mr> n t
The Court issued its judgenc nt in ~hich it !~~that the legislative prov isi
whi ch permit the administr ative confiscation of properties are .. \()\ constitutional
because they disagree with the ar t icle No. 36 of the constitut i on which provide s
f or not permitting the confiscation of the private properties except by a jurl i ci
judgenent .
2- The Principle \Vhich Provide s Tha t the Penaltv Mu s t Be Subj e cti ve , a nd
Crime Or Pen a lty Without Law .
T~hC
ol r~ti!"~ued Its judgt=mC' nt which provide b.hat the legislutiv~> p 1 '"'"i
st;;tl.
which
c ;,
#
•
·
· tting unde r SUFervi s i on of the police without a judicia ry juci g~fTir::
are . \l,"l\ r::on s titutional becaus e the y disagree with the article No . 66
con stitution
o f the
which provides that the re is no crime o r penalty exce pt with a law
and the r e i s no pe nalty ~ith out a
j~di~i ~ry
judcement .
-/5 3 - The Principle of Prct~t::ti ng the
A-
P:r-i·:~te
The Court issued its judgenen t which
Property :
provide~ 0 €hat the legisla•; •,re provisions
which permit the devolution o£ the properties o f the ordinary persones-and which
are put under recievership according to the emergencies law- to the state because
they disagree with the article No . 34 of the constitution and because they violate
the private awnership which the constitution protects .
B-
The Court issued also its judgement which proviA.e~
0
Ehat the legislative provis-
ions which put a maximum to theconpensations which are to be given back to the
persones as
are~edy
f or t hier properties are . \Cn const itutional because they disagree
with the article No . 36 o f the constitutio~ .
4- The Principle of the Political Freedom and the Right of Forming and Participa tino
in Political Parties:
The Court issued its judgement which provide~ 0 that the legislative provisic~s
connected with the deprevation of people from the r ight o= election and nomination
d.ft :U1t constitutional because i t disagree with the article No. 62 of the constitution which provide~ lhat the rightsof election and nomination and referendum are
0
for every citizen and also a nati ona l duty that every body has to fullfil.
5 - The Principle of the Right of Litig3tion and Complaining and
The Court issued its judgenent "''hich provide~
0
hPpeali~q
:
Ehat the legislative provision!:
which protect any actionor dicision from beeing appealed against o r compla ined
are
.~
constitutional because they
di~agree
fr~~
with the article No . 68 of the constitu-
tion which prevents the protection of any action or dicision
frc::~
beeing appea led
against.
6- The Principle of the Riqht of Education and Equality and Equal
opportuniti~s:
·
d 1ts
·
· d gement wh 1c
· h prov1· d esf o rh
.... exccpt1ona
·
l
Th e Court lSsue
JU
c at t11e
tr~~~~enc
in the acceptance to the high education whl~l are containe d in the legisla tive
provisions which accept the excepted g r oups instead of the other g=oups who prcccden
them according to the stated ob j ective conditions for acceptance is :.Un constitu tional because it disagrees with the articles No. 28/1 , 40 o f the
constitutio~
and it violates the principles of equality and equal opportunities.
7- The Principle of the Right of For.ning Unions and 1\ssociations on Der.1o-:-ratic
Basis
The Court issued its judgement which provides for that the legislative p rovi sios whic h end the period 0f the
r.1 C:!"'1~t>r~llip
end of th eir perion not by the electi~~
general assemply 0 f
t h"' union are
of the elected m<;mber s
o~c~nizatio n
ba~orc
which is re presented
th•· ar ~u •l l
~n
the
t.t n const.:.t:uti,...nal bt""cause t:h0y ~i~acree ·,·i<:"
article No . 56 cf the constitution .
-----------------------------------------------
tl-,-.
I
SECOND PART
THE LEGAL LEGISLATIO!:S AND THE HUMAN RIGP.RS IN EGYPT
Introduction:
•
In this chapter we a~e going to deal with the Eg ~ ptian legis l ator ' s situation
~~ards the Hupan Rights and liberties in Egypt and to what extend it correspond s
with the Universal
charters which had been issued in this field.
Naturally the
Egyptian legislator corresponds with these charterJ . On the basis of his respect ness to the Egyptian constitution ' s
rules which cane in the previo~ly mentioned
order in chapter on e and which completely correspond
which orgainze these rights and liberties .
with the universal charters
In addition to this, the Egyptian le-
gislation takes car e of having the Islamic shariaa as a ~ain source for it accor d i ng to the second article of the constitution.
~he
honorable
Isla~ic
forT!l a complete integrated
Shariaa carne with values, Principles , and rules whi ch
syste~ ~ic:-,
guarantees for every body - what ever his
doctrine is- his rishts and liberties in all the political, s ocia l and
ecor.o~ical
fields and these are the rights and liberties .,., .hich were nentioned in The Book of
C~d
(The Ho ly Koran) and Tne Hounorable Sunnah since the appearance of the
!sla~
one :-,undred and forty centuries ago beFore the world knew an intellectual order
which organizes these rights and l iberti es according to what all lhe huMa n ity
look forward to now .
In this chapter we are going to illustrate the situation o= some laws which
are passed on in Egypt toward s the P. ur:ta n Rights and libe rties and connectillj the
judgeme nts which car.te i:1 their d evi sions with the other divisions ;..·hich are devided in the u:1iversal charters .
We are going to discuss in details - some of the
~ain laws in the Egyptian legal system , the penal l a~ and some special criminal
l aws in the lst.chapte r then the criminal . procedures 1~· an d some connected
legislatures ~n end chapt.er.
'.rne Juvenile lay in the 3rd chapter, then io
the 4th and 5th chapters we are going to deal with the Energency Lev and the
Law of Judiciary Authority .
CHf,PTER OtlE
The Egyptian Penal Law othe r Special Cri~inal Laws
concerned Yith Human Rights
At the beqining, we are goinq to point in this field that the pena l l aw
either the general la~ c r the pri\'ate laws forn a general fra~e for all the forbidden deeds according to their judgenents, ~hese forbidden deeds are devide irito
\o..(1t.
only two parts, the first cne is c onnected l the
deeds
r~la ted
to the
hu~an
no~l
persone and contains all the
rights. liberties and properties and that committing
these deeds is c onsidered a violation against these rights .
The second part is
conn ected with the society as a whol e and it c ontains al l the dePds and that con~ittin g these deeds is conside red a vi o lation aqainst the societ y ' s rights and
b~nefits which the l a w ~rotects and nrganizes .
- 17 Ac cordingly , any body c ommi ts crimes against the h UI!Ian rights and liberti e s k~to be punished by the judgement of the Egyptian penal law acco rding to
the universal cha rte r s .
assault ,
slc.r. ~ ., ... ,
The crimes of homicide , striking, abduction , i ndec ent
:..-.~ ... :.. ...... c ,
..i.. ~l-u::..::
u[
ll1e authority and tresspass the persone' s
private life ' s s ec r ecy are crines which vio late the human rights physically and
spiritually.
Where as the crifie s of theft , arson burning,fraud, wil lful distru-
ction and damage are crimes which violate the human ' s prope rties .
The crimes
of abuse of confidence , f o r ga r y , bribery, f alsification, c ounterfei t , willful
abuse of the country and th e means of transportati o n and the distruction of ita
institutions a nd other sinilar crimes ""'hich are codifi ed fo r the society ' s benefit in order to ! uaranLee i ts stab ili ty and secu rity and to orqanize the benefi ts
and tru st in treatment be t ween people .
r ights .
All the Une versal c harte r s decided the se
(Arti cle NO . 28 of the u n iv e r sal declaration
oi' t:.he human rig htl)
In this chapter we are going t o present spe cially s ome general rules which
c e ntrale
the ph ylosophy
~
of
incrin i~ a tion
and penalty .
WE are going t o
connc~ted
present a lso son1e o ffences whi ch are devided f o r in the penal l a w and
with the
h Q~an
ri ghts and libe rties .
First;
The gener?l rul es of incrimina tion :
1 -
In its first article , the l aw devided f o r that its judgemen~ Aay(to h e pa~s~d
on the one who commits in Egypt one of the c ffences which i t reffe r ed to in
its division .
In both articles N0 .2and 3 the law devided f or the conditi ons
in which its judgements h~ to be passed on those who co~it any affcnce~
ou t Side the
COQ~try
either accor ding t o the quality of t he Offence or
according to the nationality of t h e oFfende r.
The la•• did not contain , by
any means , any di scr imination b e tween those who·a re sentence d .
Thi!; r:orrc-
sponds with the judgement of article No. 40 of the Egypti an constituti<Jn
and articles No. 2.7 cf the universal declaration
of the Human
Figh~
and
the a r t icle NO . 2 of the univer sal compact of the civil a n d political ri~hts
and the agreements of puttin g an end to the r aci a l discriminat ion.
2 -
In its fifth article , the l aw devided
for~e pena~ties f o r Dffences lta.y-t..-
to be decided a cco rding to the l a•A· which had been passe d on in t he tim:
during which t he et f f ences wPre cor;v,i tted) in spi te o f t hat , if after the
offence h ad been comm~tted and b f fcre the de c la ration of the f ina l
judge~cnt 1
a l a~ which is for the offend 's b ~ne ~it wa s issue d, thi s l aw h 45to be fall-
COi'Stitution and 2-c ti.cle. lW. 11 c.· f
Humatt :r-.i ghts ciecla:-a· ion a n -i
No .l5o f the universal compac t of t he civi l
1n d political r ights.
a:-':i~lF-
-
~ -
iO
-
The article No . 54,76 of t he law devided for the complete forgivene ss and the
forgiveness for penalty and the previously mentioned artic l es organized the
effects which accure either the consequent pena l ties or the rights of the
others .
This agrees with the article No. 6 of the universal compact of the
Second:
The d e eds which are incriminated according to the law and which are
connected with the principles of the Human Rights.
1 -
preventing
the execution of a judgement or an order issued by a court or any
specialized organization , if it is doen by a public officer by using the authority of his posossion or purposely cid not execute it if it is included in the
specialization field of the officer and the law decided the penalty of
and:.disnission
law)
for the one who cor:unitted this action {article No .l 23 of the penal
(and the execution of article No.2 of the iniverial compac t of the civil
and political
2 -
irnpr i~onment
rights )
Tortu ring an accused persone to force him to confess either by a public officer
or by an order from him . They decided the penalty of servitude for life or the
penalty of detention for a term from 3 t o 10 years fo r the one who commits this
offence .
If the accused persone died as a result of this torture, the Puplic
officer is to be penalized as having conuni tted the offence of premeditated nurder . (articleNo.l26 of the penal law)
3-
If the ,accused is a public o ffic e r, h e is to be punished•by a ha rde r penalty
than the pena lty which the l aw dicide d or to be
was not decided
punished by a penalty which
The l aw decideJthe penalty of imperisonment for that. (article
No . 127 of the penal l aw)
4-
If a public officer us es severity dependeing on his posisson in an unhonourabl e
manner or couses any physical hur;s;~as to be punished by det'ention or by fine
(article ·No .129 of the penal law) . ~Th e d e eds mentioned in the items No .2,3r4
and which are . considered offences according to the Egyptian pe na l law these
items agree with the judgenen ts of article No.42 of the Egypt ian constitution
and with the article No . 14/G o(7the interna tional compact of the civil and
political rights and with the article No.1,4 of the Nonagression Pact .
5-
If a public officer · , depending on his posission and not in the conditions
appointed by law and without obying its rules, enters sone one 's house without
some one ' s
h·
acceptanc~tas to be punished by d ete ntion or fine
(article No.l28
of the pena l law}
6-
If a public officer, d~pending on his posission, buys by force an immovable or
a n ovable property for himself or for any other one has to be punished by detention and dismissal and giving back the extorted opportunity or its price.
7-
The one who trespasses people ' s private life by means of eavesdropp ing or photographing or any other way without the injured 's acceptance and not in the con -
dition appointed by l aw or using what has been got by these ill ega l ways is to be
puni shed by detention and the confi s~at ion of the used devices and rubbing out
the recorded subjects or d epridng
th~::!l(articles
rl0.309 bis and 30'?/1 l-ois).
- 19 -
8 - If some one black mails to r eve3l the subjects gai :1ned by one of the pre'viousl"
mentioned ways to force anothe r one to do o r not do ce r tain action, has to b~
punished by i mprisonment and by the confescati on of the us e~ cevices ?nd r~
bing out the recorded subjects or deprLVing then (ar ticle 309 sib B/2 , 3 , 4).
The deeds mentioned in i ter.as No . 5 ,6 , 7, 8 '• · ·- ·":'; .-ny body cornmi ts a ny of thel!l
\V.'S
W to be punished accorc ing to the judoeMe n ts o f the Egyptian penal law ,, .'agreeS
with the articles No . 44,45 , 47 of the Egyptian const i tution and the judqement
of article No.l7 of the international compact of the civil and political rights .
9-
The one who arrests any body or restrains o r detains h im without an order from
any of the spec ialized :udges and not i n the conditions which the law decided,
has to be punish ed by detention or fine (article No.280 of the penal law)
10-
The one who- without beeing e~titled - arrests some _body wearing a governt:~ent
al uniform or h aving false capac ity for h imse lf or refering a fals e o r de r to
the outhoritie~, has to be punished by lToprisonnent. If the arresting is associated with the thre t ening o f
penal servitude for a
Descripi~g
murder o r tart:utre, the p~.:nishment t:~ust b •? the
t ~ rn(articl e ~0 . 282
of the penal
l a ~).
the de9ds t:~entioned in itens No. 9,10 as beinq offences, ao r ees
with the article No . 41 of the Ecrvotian constitution and the article No. 9 a f
the internati onal c o~;:;ac t of thO? civil and political riqhts.
11-
If a public officer used labourers to do unpaid labo r in any public ~thority
or organization or ~hich its properties are considered public propertirs,
or restrains- without any reas ons - all or part of t he fees of these l abourers,
he has to be punished by penal servitude for a term and if the offender is n ~ t
a public officer he has to be punished by detention (article No.ll7 of !h'?
penal law)
12-
If a public offecer forces persones to work not in the condition which
th~
law permits or using personesi;do other work than the work f or which they hud
been ga~red according to the law, he has to be punished by detention a~d
dismission and to pay the due fees for those \..·ho had been misused r (articl e
No . 131 of the penal law) .
COnsidering the deeds mentioned in items No .11 , 12 agrees with ttse judgement of
article No . 1) of the E9yptian constit:ution and article No.8 of the international comoact of the civil and politica l riqhts , and a r ticle tlo . 25 of the forced
labor prohibition pact .
13-
hi,.lcS
If a governmen tal offecer or a mailo fficer ~o(~ pens or not delivers mails a~
t e legraph s o :- facilita tes these .actions t o be doen by any other persone , he
has to be punis h ed bY ccte~tion o r fine a~d disDission(artic1c No.l 54 of ~ he
pena l law) .
Consid~rina
th~se
de e cs as te i '1o o:: f or:ces. agrees with
th ~ ju dn,:~~"' '·
of
:1r·: i cl~
No . 54 o f the Egyptian constitution and article No . 12 of the uni".•erz=:;.l d ~•: lar
ation of the hur:um rith ts and a!"ticl e No . 17 of international cnM-ract of thr;
civil and political rioh~s .
-2014-
To aaMr.~ag (
~he bu~ldin~which
are built and ?r(pa red for the r e liginus
ceremonie s or the synboles or the other things which have sacredness for
some peoples and those who believe in certain s ec t.
15-
To preve~t any r eligious ce reDony of ce r tain sect by force o r t o violate
the sanctity of graves and ~tnbs.
16-
To press or pub lish a Ho ly Soak of any religion including falsif ication
in the meanings .
17-
To nake a raligious ceremony \,·ith t he ain of ::'lacking at it in a puplic
places .
The one
is punished
Egyp~ian
who connits the deeds which are mentioned in items No .l4,15 , 16,17
by detent ion or fine according to the articl es No .l60 ,1 61 of the
penal la~ - and consideri~a then as beino offences aorees with the ;udc -
ement of article No . 46 of the constitution of t~e P.Ur.lan Rights and article t:o . 18
of the international comoact o f the civil and olictical riohts .
18-
To trespass by farce o r by threatening the o~her ' s rights to work, o r to
employ someone o r not to employ hin> or to take par t in a certain asse~ly
o r not to take part in it, either this trespassing is against the persone
himself or against his wife and sons, The one who comnits a ny o f these off ences has to be punished by detent ion or fine (article No . 375 of the p~nal
law)
Considering these d eeds as being of!ences ao r eeswith the judcement of the
artocles No . l3,57 of the Eoyotian co~ stitu tion and the a r t i cles No.20/2 and 23/1
of the Universal Decla ration o f the Hu~an Richts and article No.6/1 of th~ international comoact o f the Econonic and social Riohts .
Third
The e~ti~~c ~~-~~ ~;c ~c~~:cc; ~~ ~~ =;:~es , eccordine to s o~e ~D~ cial
penal codes
1-
and l.'hi ch
ere concer!1ed
·.·ith the Human Rir;hts
The pri sons re !Zulation Lav N° 396/1957 :
If a public officer put the one whose fre edom is r estr icted
prisons
or
punished by
the places specially established
detention ( article
Considering this
for this purpose,
not in the
has to be
r:o ~f/ bis of the la'l.') .
action as a cri=c agrees with the judgement of a;~icl~
42 of the Faptian Constitution and article N° 10 of the lnter-n ation~l Cr-!!!p~"cC t
of the Civil and Political Rights
and the rules of regulating the behfl'.'ious
of the employees
with the exec uti on of the la"·s -...hich
att~ched
-...ho are charged
vith the rules of the prison~r= '
treatm~nt.
are
- 21 -
2-
The Juvenile La~ N° 31 I 1974
a.
The one vho hides a juvenile - ho i s sentenced t o be delivered to a cer-
tain pe r sonne or authority,
do so ,
or urges hiM to escape
or ev en helps him to
has to be punished by detention or fine or one of them .
or the gr and- parants or the husband
is not as ¥ ed
about
'111e parents
this action (art.
N°22 of the Juvenile la~) .
b.
The one vho exposes
a juvenile or helps or u r ges him
If this crime is committed
by the juvenile ' s
,
has to be punished by detention .
a,Vcestors
or those
are respon£ible
~ho
for pringing
him or by the one to ~hom the juvenile is deliver ed
fender
or t~e thr e~t ,
used the force
to delinquency ,
him up or observing
legaly ,
and if the of-
he has to be punished by detention fer
o. period not less than 3 mont.hs (!lr!.ide II,.,?; of the juven:ile la·.~).
Consideri ng these actions as crir.:es acrees "ith
cle N° 10
of the Egyptian Constitution
the jurlr,cm~nt
of a r-ti-
a:::d the p!'i r_c iples of th<:? Child' s
Rights .
a.
To urge,
ded
the punishment
does not
help ,
f'3.cilitete
the co]"''_~i£!:ion of debaucher:;,
of d<:?tention foy a per-iod not lPSS than one year
exceed thr n~ years Rnd
b.
To urge or use ,
try to practice
tion
f0r
years
and
more
threat
and fine
C!ll t
be
.;>:1 e n-
(art.icl~s
or threat ,
of the Laws) .
2
extended
e •,,J
e.gainst •:her.: the c rir.~· is cor..::!i tted has not rea ched 21 ye a rs
or i f the crime is com."l!itted by means of force
N° 1 ,
U'!ci -
fi~e.
The maximum of the two punisl.:r.-:::1ts c~ d ~ te-:-.tion
ded if the one
1~-'n'
the
n
or facilitate or ecconpany to leave
debnucher y ,
peri r i
fine.
to
s even
persones
not
The
the law decided t!-Je
:nss th~n
ynnr
cf
the
punishment
the
cr:ne
is
~o~etted
by
u"'inr:
year s
i~
0r
if
i!"
ter:';--H - ..-:1
( ar ... i cles
N.,
5 of
: :.~
it.
'?
punishment
nne
max ic.u.-::
1';.·~- ).
or enter the co"Jr:-
und
of
deten-
doe s
not
of
detention
ag~inst
meP..n£
nf
PXCeed
fj· "
can
b'-'
tvo
or
fore <.:
or
- 22 -
c.
lf
the
one
against
whom
any
crimes
in
items
a,
has
not
has
been
b,
the
crime
who
are
r esponsible
any
of
those
to
be
the
detention
4 of
the
law).
d.
make
To
who
use
committed
for
crim~
yet
by
have
an
authority
for
a
period
of
some
one ' s
up
and
ove r
him,
from
p:-ostitutior.
female
to
practice
the
debnuc11ery,
the
punishment
of
detent i on
for
a
the
crit:le
crime .
this
aggravating
If
tion
has
to
be
for
cle
N° 6 of
the
law) .
e.
To
a
place
law
mannage
a
a
decided
ore
period
from
brothel
for practicing
the
months to,
three
the
place
for
9,
10 ,
of the
for
it
or
punishment of
years
the
one
la•..r) .
period
which
circumstances
is
or.e
get
fine
or
who
committs
any
of
him
-whoreJ.rfn"
or
from
decid"!ri
months
to
accompanied
wi t.h
the
item
to
five
year
deten-
y~Rrs
(nrti-
used
to
practicing
a period
of
them
these
crimes ,
and
thr~~
the
c
rent
for
N°
to
six
in
by
has
or
legislator
the
to
one
thos~
(article
or
detention
and
by
if
the puni~hm~nt
or
~e~tioned
d~!!bnuchery
to
or
or
7 years ,
a
for
years
observing
3
help
years
six
a~certors
him
mention~d
previously
reached
his
bringning
of the
or
present
it,
the
from threP.
to
close
(articles
N° 8 ,
- 23 -
Considering
these
actions
as
crimes
the
traffic
of the agreement
of
preventing
exploitation
the
other s
of
agrees
vith
the
in
persones
judgements
and
the
are
con side-
debauchery .
END
By
this : brief
as
crimes
according
to
special
penal
laws,
(t
is
with
the
red
connected
Human
Rights
and
Penal
legislator
tion
for
the
tions
against
these
violations .
presentation
some
actions
which
the
egyrtian
penal
lav
clear
to
universal
Liberties .
has
of
what
cl'~arters
Also
"hich
It is
r ole
Human
Rights
Libe rt ies
them
and
to
decid~
to
the
are
cl ear
an active
and
extent
some
other
these
l a ...·s
are
concerned
that
guarantee
by
end
legal
preYenting
suitable
c. he
£~~·ptian
the
the
with
penalties
any
prot~c
viola-
apainst
CHAPTER II
The :E:gyptis.n Cri::Jir:al Froccr.Ul·Ps
La·.o~ ,
Some Other
La..,.s Cc::::ected '.-' i th ft_'1d Pr indples Of Human ~ights.
After we had tackled ~~ chapter ! from this part about the rules of t~e
Egyptia:-t penal law and ho•...• i~ l!:; e:1r;aged •,:ithe the rules and the regulations
of the ~~ternational
c~nver.tions
of H~~an Rights a~d Human liberties consi~e-
ing that this law is an ir.9ortant anc issential one by virtue cf the cri~inal
acts and t heir punisherne~ts had set out .
In this chap~e r we talk a~o ut
considered as the nest
~~e
~np~ rtant c~e
i~
law of the crininal procedures, it is
the field o= the Hunan
Pi~hts
and
personal libert ~es because ~t is th~ law which regulates the rnai~ obst~cles
which faces the individual liberty a:-td
sec~rity by
any neans c= lin1tati on cr
r estriction .
liberty by arresting or seizin g and also the states in which a:1y person nay
be subject to the right of
==is~
or r ight of inspected his home.
This law 1s also the law which de!i:1es when
brought o r not, the causes c:
terr.~~atio:1
and the
nces and principles cf the c~ininal procedures .
evidences and how it
ca~
suit or to renew the
se:-~te:1ce
be ac~e~ted .
a:'~
t~e
crininal act1on nay b~
ste~s
of the
Th e rules o f
cri~inal
~he
ser.~~~
crininal
lfuat a re the as9ects to appeal
a?ai~s~
ho·..; the punishenents cones into fore•.!.
tH1d
in effec-r.s .
In fact the inte r :1a:ionl co nv cn : ~cns o : P.t:.nan Righ t s and liberties dealed with all these natcers
its p r incLples arti cles : 8,9,10 , 11 , 12.
i~
the internationa l
convent~ons
Simple E2sic
to
~ule
c~e2te
of c1vil
an~
the r=1sore rs
political rights and The Ide al
According to the above ~e ntioned conventions and the r ules stipul ated i t
comes easy to d e stinguish between three stages :
1-
The stage of Human Rights and security before tria l.
2-
,,
t
3-
t
,,
I
I
,,
,,
I
r
,,
I
I
,,
t
,,
du ri ng trial.
If
I I
afte r trial.
I
We will submit in this chapter the situation of the Egyptia n legislator
a ccording to the above ~entioned divison, at fir st g ene rally, then stage by
stage separately at last, the rules and guaranteed stipulated for carrying out
a d eath p ena lty particular l y .
All of these are connected with the state o f the
Egyp~~an
legistatcr and the
internat ional conventions rel ates t.:. \..;,"' """"'"c ::..:.:..-.aa:...:.v .. o .
At fi rst: The gene r al r ules of the Egyptian crininal procedures coce relati n g
to the Human Rights:
1-
The c riminal p r ocedures law did not include in all its text any
implementation or permission for disc rimi nation or distin ction between
those who are subject to its rules in all their rights.
According to
al l parties of the criminal sentence suchas the accused person and the
victim .
~fuo
is r esponsible for the civil rights or of those who are
responsible for the invest igations
accusation, pleading, litigation
and implementions of the judgements .
According to a rticle 40 from the Eavptian constitutions and 2 from the
I nternational Concent ion f or Civil and Political Riahts in article
2-
14 .
Article 15 from the Egyptian criminal procedures law cited that the
public case does not finished by prescription in some crimes according
to art1c1e
'~
from tne ~gyptian c onstitution which includes that sor.~
i nternational convenients for Human Rights as followes :
A-
Crine of utiliz e the unpa id labou r
(corr ee ) f or the benefit of
a governement org~insation or subsidiary orgainsation, to size
some or all v1ag es o r salaries of a public employe e or other , this
act is prohibited according to article 117 - penalties .
B-
A crime of torture to take confession or to u se severe punished
more than the punishement sentenced upon him, these two crines
are prohibited according to article (126 - 127 p e n al ties )
- 26 -
c-
The crime of arresting any body wears a
governm~ntal
suit or
falsifies any personality of progeries a:1y documents shall be
punished according to article (282 penalties)
D-
The crime committed against the private life of any citizen by
eavesdroped the telephone calls or by taking photogtaph secrecy,
The
crim~
of publicise these informantions verbally by any means,
without taking the indorsement of the victim, or unde r any
means of suppression or threa t en , or crimes shall be punished
according to the article (309 sib and 309 sib(a) penalties) .
;,
The Egyptian l egislator maintair.ed in article 15 from the law of criminal
procedurs.
The sane pattern mer.tioned before is convenient for article 1 f~om
the converstion of non-orescreotic~ of crimes of wars or crimes co~i~ted
aoainst Humanities .
Second: The Law o: Criminal
oroc{!c~ rs
anc The Princioal of Hunan richts i:1
the staae of Human Rioht:$ and securi b · be for trial:
1-
To obligat the police supervision to accept all noti= ica tio n or
compl ains concerr.ing crimes comnitted and he must send them emediately
to the public prosecutio:1 .
Every person pretends that he has been harm from a crime connitted uro n
him has the rights to claim and complain according to ar~icle {24-?6)
crimi nal procedures .
2-
It is prohibited to Eeize or de ainee any person without a werrent frcm
Every person should be treat according to the Human dignity and h ~
not l:;e physically o r ma r ally ha!T.led accor ding to article (40)
s~ J-:>u l.:I
g~neral
procedures.
3-
It is probibeted to detainee any person in any p l ace except in suitable
person .
~~y
pol ic e supervision has not the right to accept any p e rson
in the prison without a warrent ratified fro~ the c omre tent authorities
and he should e~ceed the period of detaintion limited in the warr~nt
(according to article 41 crininal procedures) .
t I
4-
The
pe r soner has thr. ric;ht t-:l cc-n"lain before the polio• supPr•·isjon
eithr:r verbally or "'rittf'n , Th<:: p:)llce supervision nust acceFt tllis
Cr'!1F 1 n.J ,. .,
anA
~o
-:!f'""r::t ;r;-,.rii:;:..,l·,o .--.
~h'":'
.!>
;''1'::-li: prr:c-•J'"j':n afte:-
- '27-
5-
The prisons visites shou ld be done by the public procecutions.
The
presidents of first instance and the appal court existing in their
ci rcuits should be sure that there is not any one subjected to illigal
prison, And also to examine the records of prisons and warrents of
arresting or detaintion besides visiting the prisoners to listen to
their co~plains (article 42 General procedures)
6-
Any pe r son arrssted o r detained according to provisional detaint ions
shall be informed of the reasons of his a r rest or his detention.
He sha ll have the right to conmunicate with whoever he sees fit and
inform them of what has taken p lace and to adk for a lower help.
;
(according t o article 139 gen e ral peocedures ) .
7-
In the casw of flagrant delicto in crimes or misdeneanour s
punished
by ditaintion for a period do esn ' t exceed 3 monthes.
The police sypervision has the right to arrest the pres e nt accused
person then he must listen
ir.unediately for his statements but if he
can not inno c e nt himself, h e should send h j , t o the compete nt public
procecution whcih must interogate theaccused person without delay
be~or
he has arrested or released (article J4 - 36 crimi n a l procedurs)
8-
In the case of fl agarant dilecto the police
syp~rvision
to frisk any person or search his house t o find any
has the
docu~ents
ri gh~
or
important things aids him to prove the evidences accordin g to r eal
significants , th at , if the crime sha ll be punished by dete ntion for
aperiod not l es s than 3 monthes {article 46-47 criminal proc~du r es )
9-
The warrants o f detaintion issued from the pub l ic p racecution shall be
effective f or a period of 4 days after the pe r iod of arresting the
periodical detaint ion all the
state~ents
of the accused person should
be showed t o the competent Judge who has the right t o issue th e suitable
warrent as a result of listen i ng the i nvest igatio ns of public procecutions
and the accused person
for a period doesn ' t exceed 45 days if the
inves t i ga tions d idn ' t finish durin; this
p~rio d,
the periodical detain-
tion sha ll be e xtend by the misdimanour courts which shall be held in an
investigations of the pub lic p r ocecu tions and the accesed person
it
also has the right to extend the time of d eta intion i f it is mecessary
for a period of 45 days and
the accused pers on .
a~~i~urn
6 monthes o r it shold be r edeased
- 28 if he had not declared by the
compe~ent
court before t he period ends .
In all these cases the public p r o cecu tions , the conpetent Judge and the
latest c ourt has the right to r e l ea se the accused person. In any tine either
with a bail or not (a ccording to article 201,202,203,204 , 205 criminal proccdurers) .
OBLIGATORY REHJ\P.K :
The public procecutior 1s a Judicial organization in the Judicial Egyptian
system . The nembers of public procecution a r e not submitted to any exclosivc
accor ding t o the rules of Judicial autho rity law No . 46/1972
10- It is;prohibted t o frisk any person except the
inspect home except the
ho~e
acc~sed
of th e accused person
person hi~self o r t o
hi~self
and also
i~
is
prohibited to find out a ny l e tters or telegraphs or sens or ship of the
telephone calls or cecord meetings except in the case if it is necessary to
prove the evidence in th e crine should be punished for a period doesn't
exceed the 3 monthes for detaintion that must be done according a causal
Judicial warrant for
11-
l~ited
period (article 206 crininal procedures)
Homes should not be ins?ected by a causal judic ial warrant acco rding to an
accusation directed
to a person r esident in this h ome who had commited
a criminal act or misdinanours or participate in this act or i: he had
~ ,:
thing related to this offence beca us e the ins ?e ct:ed of houses is an act o-=
invistingations according t o a r t i cle 9 1 general
12-
p~ocedurs .
Except in the flagrante d e licto or the speed as a result of f ears of l cosing
the evidences , the investi9ators has not
~he
r ight according
~o
the art·icles
of penal law to ques ti o n ni r e the accn!:ed person o r L1 c ing hir.1 b'!fo r e cillling
his
lawy e ~
~.::. !"""'--'~";_
.::
:.c :.a;, utt~ .
!1e also should permit the la,.yer to
see the investingation in the day b efore the day day of questi-:>nni re or : acir.g
unless the Judge didn't issue a decision against
I t i s prohibited in all cases to separate between the accused person a nd his
lawyer present with him during the investigation(articles 124 - 125 crimi nal
p r ocedu r es ) .
The above menti oned rules are related t o the r ules of a rti cle 41,42,44,
45,71 frcm the constitution and a r ticles
cf 7he !lur.;an
a~d
""ia b~s :-n:'i
riv iL r i~h ts.
;; r-.: icl~
0
"":: ,.. ....
8,9,12,fr o~
i ~~ <Jr"''~tional
the
u~iver sal
c on ·.,.~ntion
d ec l er~t ion
of oolitical
_, 29 Third :
Law of the Criminal Procedures and the Princioles of the Human Riqhts in the
Stage of Trial :
1-
The trial sessions must be open unless the court orders to listen to
(\
all or some of thel':'l
in a close session
~ing
into account the gen~~l
system or norals (article 268 o f the lwa of the crininal procedures)
2-
The accused and the other li tigants must attend one day before the
session is h~ld in the matters of contraventions; , and three days before
the session is held in the matters of nisdemeanars and eight days
before the session ~s ne1o ~n tne
period of transportation.
cr~l':'l1nal
matters 1n addition to the
The accused persone must be d eclared hi~s~l:
according to the ways mentioned i n the civil procedures law or ~t hi s
domicile (article N0 . 233,234,374 of the c r iminal procedures la~) .
3-
The accused person and all the other litigants Must be aquainted with
the suit ' s documents as soon as they are declared that the t=ial date is
fixed (article 236 of the rciMinal procedures law).
4-
The accused persone himself must attend the session in the matte=s of
misrlemeanors for which he has to be punished with detention, where as
the other l':'lisdemeanors and contraventions can be attended by his
attorney to present his defence ~ithout distributing the right of the
court t o order him to attend the session him s~ lf (article No . 237 of the
cr~m1na1
5-
proceaures lawl .
The trail has to be done by facing the accused person with the crime
that he has accused with and them to listen to the prosecution ~.o.•itnesses
and the d efence witnesse s and the eY.perts if they are there.
The accused and the other litigants have the right to interrogate the
witnesses or to ask for listening to the defence witensses again or to
persent anther defence witnesses , and then listen to the defence of the
litigants . The accused has to be the lase one who talks (<:rticle t:o .3 71,
272,273,274,275 , 293 of the crininal Frocedures law).
3Q
6-
Th e judge passes h i s judgement in the l a ....·su i t free l y and according to
h is fai th . He c an not bu ild h i s judgemen t o n an evi dence whi ch had not
b e en p r esen ted t o h im i n t he session •
i n an open session even
i~
the case had been examined in a closed
session (ar ticle No . 302 , 303 of t he
7-
He has t o p r onounce the Judgement
p r o c e d u r e s law)
c r i~ina l
To inva lidate any statement which the judge become s aware that it was
de rived f rom the accused or f rom the witnesses by means of
and by
fo ~ ce .
threatenin~
The relat i ves of the accused or his ancestries ,
decevd~
ants, s ons - in-law and b r others - in - law to the second grade and his
wife - even if they are sepa r ated - may r efuse to~ give an evidence against
the accused unless one of the::-, is
l~~
-1.ic.. L .... ~- l h e
~t1:.:..rrr.er
(article tJo .
285 , 302 of the criminal procedures law) .
8-
In crimes an advocate nust
a~tend
with the accused either this advocate
is charged by the judge , by the general prosecution or by lhc presedent
of the
cou~t
or he is charged by the accused .
The advocate who does not atte~d without any excuse and doe s not sent
a delegator instead of him h as to be punished by fine without viola:in•
the disciplinary t r ial
9-
(articl~
357 of the crininal procedures law)
The charged advocate :an nake a demand
body of the
cour ~
estima~es
for hin .
fo~
deciding his f ees
~hich
If the accused is poor, the gove~
nment t r easu ry is char ged to pay these fees .
The charged advocate must
have the volidi•y to plead in £rent of the court of appeal and the
of f irst
10-
i~stance
the
cour~s
(article No . 376 , 377 of the criminal procedures law).
The Jl.=abic Language is the languac;e of the courts .
The litigants or
the witnesses who do not kno~ Ar abi c , the cour t
listen to other
c~n
s tatmer.ts through the t ranslators after t hey s;.·ear .
The translators
a r e cons i de r ed assistants to t~e J ud ici al authorities and the r e must be
enough of them in the cour t o! cassacion, the courts of appeal anc the
courts of first instance .
Thes12 tra:1slators are these ...,·ho c;;ot specializ-
ed educa~iona l degrrs in any foreign languages and befo r e they
their work faithfully and justf ully(article tlo . C6/ l 972 of th@
Authority).
pra~tice
Judici~l
3.1.. 11-
To appeal against the default judgeme nts which are issued in misderne~~~~z ~~~ ~c~ ~=~vc=ts
~a~ters ,
then lawsuit can be
in front of the sarne c ou rt which previously issued .
exa~inated
again
The accused must
not be hurted because of his appeal (article No . 398 , 401 of the
Criminal Pr ocedures Law) .
1 2-
To appeal against the juegements which are delivered in the presence
of the parties in the n atte r s of nisdemeano rs. This appeal is exanin ed
by competent cir cuit i n the court o f first instance .
The appeal has to
b e examined as soon as possible if the accu sed is impr i soned
(article
No .4 02 ,41 0 of t he criminal procedures law).
13-
The accused must not be hurt ed becau se of his appea l and th e court has
not the right to exceed the penalty or to invalidate the innocence
judgement if the gene r al prosecution appealed against this
unless all the merrcbers agree upon this op i nion
criminal pro cedures
14-
(article
judge~ent
r~o . 417
of the
la~ ) .
The criminal judgement "·hi ch is issued in cr1mes is invalidatt!d if th r.
accused pres en ted or arrested and the c ase must be examined again in
front of the court (article No .3 95 of the crininal p r ocedures law )
15-
To have the right to appeal to the court of cassation against the final
judgeme nts which a r e issdued in crimPS or misd emeanors according tn rh~
fix ed
reasons a:1d th e .,.·ays put by the l aw Ho . 57/1969 which concerns
with thP r nnni Hnn :.nil ~.,-.,.,.. .. ,.,,..-o~ r:-f appeal in f ront of the court of
cassation .
16-
To have the r ight to ask for reexamining the fin a l judgements which
are issued in crimes and
~isdemeanors
for the r easons whi ch the law
mentioned and according t o the law (a rticl e Ho . 441,4112 of the cirr.tinal
procedures law ) .
This rules and judecrement s aaree "''ith the iudaement of the a r~i cle
~ lO .
6 4, 65 , 67 , 68,69 ,7 0 of the Eavotian constitution, and article llo . 14 of
the Inte r national c o moact of the Civil and Political Riohts .
.
- ~2
Forth:
The Criminal Procedures Law anc the Principles of the Human Riohts in thP
Stage of After Trlal (execution) :
1-
It is not permitted t o renew the criminal law suit after the final
judgement and it is not permitted to reexamine it except by t he appeal
against the issued judgernen~s according to the ways decided by the
la~
(article No . 454,455 of the crimina l procedures law)
2-
It is not permitted to execute the penalties which are decided by the
la~o.•
for any crime unless ther is a judgement issl,led by a conpetent court
.
(article No . 459 of the criminal procedures law).
3-
The judgements must not be executed unless they become fin al except
there is a devision in the la•,... contra·:erses that (article No . 460 cf the
crimina l procedures law) .
4-
To execuLe the penalt~e£ of
res~ri~ting
Lhe freedon in Lhe rr1sor. which
are per?ared for that and according to an order made by the general
prosecuLion (article No. 47 8 of the criminal procedures lawl.
5-
It is permitted to ask for making ...-orY. outside the prison instead o.
executing the punishment i.: it does not exceed thr ee nonths of d~t.•:-nt.inn
(article No . 47 9 of the cririnal procedures la~) -
6-
The period of provisional detention and the pez-iod of arresting have to
be e;.;!:.:&:u~.-~c~ 1:.LuUl ~i.e tJ'=IJO.;.i..y
ui
Lc::>':rict:ing the freedel:l (article No .4 B2
of the criminal procedures law).
7-
The penalty of restrict:ins the fre edom of a pragnant woman in the sixth
month can be delayed until two months after she gives birth (article No.
485 of the criminal proced~res law) .
8-
The penalty of res~rictins the freedom of an ill person
ca~
be dclayded
if his illness is dangerous for his life o r if this penalty may cause
his death if it is e~ecut~d dJ -in 9 his
crimtnal procedures law)-
ill n~ ss
(art.icle tlo .467 of the
9-
33 -
If a man and his wife are sentenced to d etentio n for no mo re than on~
~mprison e d
year - and were not
b efore - the execution of the punishment
can be d e l a yed for on e of the n until the other is released if they a r e
bringing up a child who is less then fifteen y ears old (articl e No.4 89
of the criminal procedures l aw ) .
10-
The prisons have to to devid e d acco rding to penalties.
for the men who aresentenced for the penal s erv itude
There are prisons
(penite ntiary ),
and for the me n who are sentenced fa imprisonment and f or the woman who
(general .or i sons)
and fo r those ~rho
;.
are sentenced to penal servitude
are transported f r o m penitentiary because of b ecomi n g 60 years old or
b ecause of their illn ess
UL
Ut!t:au::;e ur
uavlng spem: nal.I of the period
of their pena lty or f or their good manners.
sentenced to a punishmen t
months .
the
And for those who are
r es tr icts the freedom for more than three
And those who are sentenced to other punishments which restrict
freed o~
spend the period of their puni s hmen t in the cent r al prisons.
(art ic l es No . l , 2 ,3,4 of the p ri sons r egu l at i on law) .
11 -
Those who arc sente nced to provisional detention h ave to stay in plac~s
not attached to the other p riso:1e r s and they h ave tne right to wear their
12-
oun
clothes
No.
1~,15,16
and th ey can bring the food thay they may need
(article
o f the priso n r egula tion law).
The prisoners are d evided into three l evels each one of them has system
of living and treatme nt.
_._ .,
to aiJ.Vl-UL4
.... .
'"""'"-V .4.-U-.J..u ~
These prisoners are t r anspo rted from a l evel
-.
-...v
.
...
..t.. ..&....t'\. C U
...
6-U. ~c~ ,
.L "'li ~S
. is in addition to a transitional
per iod before getting released for tho se who are impr i soned for more
than four years during this period these are degradation i n
decreasin ~
the r estrictions and offe r ing t h em advantage (a rticl e No.l3 , 18 of
p risons
13-
th~
re gu lation law) -
Those who were wntenced t o the punishment ~hich r est ricts the fr eedom
h ave to do pa id w-ork and have a vleel<ly day of f in addition to the
official holidays .
Those who are under provisi ona l detention and those
who are sentenced t o simple
deten~ion
work except t hey want to do~~
pr i sons r egula tio n
la~ )
are not subjects to Lhis pai~
( a :::-ti c l ~
::::: .:::1, 2 2, 23 , 2:; , 25 , 26 ,27 of the
- 3h 14-
To educate and to cu lture the prisoners and t o allaw then to study and
attend t he ir deucationa l
exa~inations
and to allow them t o buy news -
papers and books on the ir oun expense (articles from No . 28 to No.32 of
the prisons r egulation law) .
15-
To observe the priso~ers health periodically and there must be a raiser
doctor in each prison . The prisoners have the righ t to b e visited by
their familie s
p~riodically a~d
to send and r eciv ~ l e t ters from the~
(a rticle s from No .38 to No . 42 of the prisons regulation
la~)
;,
16-
Any prisoner can be relea sed t:nder condition after having spent "1/4_ of
the punishment pe riod bec :-.:c. '!; ~
=:;: ~:.= ~a~= =-~r.r.2:t; ~?.X::. .:.: .::! fron llo.52
to No . 64 of the prisons re gulations l aw)
All these judgements and r ules which are concerned with the eY.ecution of
the pena l ty and which are mentioned in the Egyptian cr iminal eprcedu res la'"" cr
the prisons regulation la...· ag1:r W1th th e)udger..en t of art1cle llo . 42 o f the
Egypti an constitution and witt the jud9e ~ents of the rules for the tre~ Ln ent~
of the prisoners which we r e
i~s ued
by the Econonica l and social council in
the United Nations in 31/7/1957 and 13 / 5/1977 and with the article No . l 0 . 14
of the International
co~pact
of the civil and political rights.
Fifth :
The Egyotian Crimina l Pr-oc edures La·., and the Gua:-ante~s Procedur<> s which il!"P
concerned with the judg e~ent of canital
1-
punis~~ent .
The crjminal court (which its ~ c~be rs cor.sists of the counsillors of th~
high cour t of appeal)
c~n
not i ssur a
jud9e~ent
of putting any ont t o
death unless all the ~er.'lbe :- s of the court ag r ee upon this judgement and
after they take the govern1:1ent ' s
Mo ftey 's opinion.
This judgement can
be appealed against before the court of cassation and to ask for reexamining it (articles No . 581 . 441 o! the criminal procedures l aw).
court of C"l!iSZtion to rna~e
!"l!r~
if the one who was ~enten~~~
~o
r... c th~
valic!ity o f app ly ing the
ccath did not appea l
ag~inst
la~
evE.,
the judgeme~t
before i t (a rticle No .46 of the la;..• No . 57/1959 c oncerci ng ,,: i t h the concHtions and prccrdures o f ar~"~l Lcfore the court of ca ~r3tion) .
3-
The documents of the case in which a fin al judgement of execution h ad
been issued must be
of t~t
~c~~:~~
~~
sub~itted
~ ~~
by the Minister of Justice to the
:.~~ ~~;~~
~G
issu a
judge~ent
commutate the punishment if he found it required
Presid ~nt
of forgiveness or to
(article No.470 of the
crininal procedures law) .
4-
If a pragnant woman is sentenced to d eath , the execution must be delayed
two months after she gives birth (article No . 476 of the criminal procedur €
law).
These mentioned judgements and rules and judgemen_ts agree with the
i
judgemen t of the article No.149 of the
a~anded
constitution and the sixth
article of the International compa'- '- u.L l iu:: CJ v.i. t am]
pull.l.i.t:a~
rights .
They also agree wiht judgements and the guarantees which are issued by the
Economical and Ssocial council in the Un ited Nations on 25/5/1984 to p r otect
the rights of those who are sentenc e c t o death.
- 36 TIJI RD CHAPTER
THE EGYPTlAN JUVE!!ILE LAW AND THE
PRINCIPLES OF TEE
The Egyptian legislator made a
HU!-!J·, : ~
R!G ETS
law for the juveniles which is the
sepa~ate
law No . 31/1974 included the rules which are concerne d wiht the juveniles and
which are previously mentioned
i~
b o th th e pena l law and the criminal p r oce~urP s
law inorder to gather the rule s c o nce rn e d with thei r being aske d abou t their
c r iminal actions and being punished in one spe c i fic l c ~ to ~ak e it easy f o r
those who are r esponsib l e for the juve niles to do t he ir work and fulfil l
th ~ ir
responsibility corre ctly and e f fectively inorder t o achi eve the the aims cf
the law .
The Egyptian leg is lato r foll owed the r ule s anc the Frinciples wh i ch are issu ed
by the international society which are concerned with t h e juveniles and v.•ern
menti oned in the charters of the Huna::1 ? !')~': ~
=-~-=
.!...!..!:: : .:-: :::: :: .
.::!~ ::1
they are tl v::!
princirles 1o>.•hich "·ere me ntioned ir. articles t:o . 6,1 0 o f the Internat i onal
compac t o f t!"le civil a:1d pol itical r ir.:hts a:--,d the standard rul es cf mar1n agir g
the juve niles a ffairs whcih are issue j by the Gener al Assenbly of the United
Nations on 29/11/1985 .
In this chapter we are going to state in detail s the rul es ~hich ~2re
decided by the perviously r:"lentioned l aw and to Y.•hat extent they ar-e connPcte d
with tile mentioned in te r national charters as the following ord, r:
First :
To prevent any distinction in the
Execut~on
c~
the J uoqements:
The l aw did not i nclude in any o f its a.:-tic l e
a~y
reference to the
distiction bet\-·;een the juveniles beca use of the race , the coulor , the sex, the
language , the r eligion or any other reason s .
This aqrees with the
juvenile s
affa irs .
rul~s
a= th~ Uni ted N~tions for r:"lannaqing the
- 37 -
Second :
The juveniles are not subject to be punished by the caPital punishment:
The law devided in its f i fteenth articles for that if a juvenil e whose
corr~i tted
age is more than fift ee n ye a rs and does not exceed eighteen y ears
a crime ~h ich the punishment for having
co~~itted
it is the execution or the
pean l servitude for life, the juveni l e has t o be punished by imprisonment
only .
This agrees with the jud<?ement of articl e No . 6 of the Internationa l
compact of the civil and political richts.
Third:
The measurements and the oenalties which are concernced with the juveni le s :
The seventh article of t h e law devided f o r the
penalties by which the
measurernen~s
and the
juvenile whose age does not exceed fifteen years
when h e commit t ed the crime is punished .
These measurements are :
To scold him , and to deliver him to the technical training , and to oblige
him to do ce r tain dutie s, and the judicial observation , and to put him in any
of the specialized h ospi t als or any of the s ocia l observation institutions.
Article f ifteen div ided also for the punis~~ents by which a juvenile ,
whose age i.:: ~·~-- ~.. ~. , ~~ ~ ~"""" .r e ...... ~ "",:; -::v.:s not exceed eighteen years, in
punished as th e follo wing :
The
impriso~ent
for a period not less than ten years f or the cri me s which
their punishment is the execution o r the penal servitude for life .
The imprisonment for the crimes ~hich thei r pun i shmen t is the penal servitude.
The detention for a period n ot less than six months for the crimas which
th~ir
punishment is the imprisonment
In all the cases , the court may judge to put him in the s ocia l
institution.
I n the r est of the crimes which thei~ punishmen~ i s detention, the court
may judge to put him in any of tho::: ::.uL.ict~ .in::;t.ic.ut:ions or 1:0 put him under
the judicial observation .
- 38 Forth .
The JuveT . il~,
<..uuL L ouu Lltt!ir
orocedures:
The law established courts for the ju·.·eniles .
one judge aided by two specialis ed experts , one
Tilese courts consist of
o= them at least is a woman.
The presisence of these experts is obligatory ana they have to present
a
research ' ~
report about the juvenile's state before th _ court issues the
judgement- the law perr,i~ted the
against the court's judgeoent before
ap~~al
a competent cercuit in these cases i~ the
before the court
'An
of first instance and tG f
1 ·~~
the procedures of the misdemeanors m~tters .
The trial is not attende except by
the advocate .
cou~t
th~
juvenile's relatives, the witnesses , and
advocate must t.e: <.1-.o~Qd 'ey lt,~ Cc;~v.d: .i.: t:.c :Juvenile do~s
not have one in the criminal matters.
The competent judge in ':he : u·:eni le matt<:'rs in c once rned with observing
and the supervi sion and to nake the d~cision in all the disputes which arc
connected with the excu:ion o! the judgenents . (article N0.2B,2~,3J , 3~,40 of
the Juvenile Law) .
Fifth :
The execution of the judgenents which a!"c issued aoainst the
The law prevented the physical hurt to
financial penalties and not to oblige
th~n
th~
iuvenil~s =
juvenile to execute the
to pay any costs or expenditure~ .
The punishments of r~~tricting the f!"eP.dom of the juven~lcs arP exacutcd in th~
.. :.~
~~n
9~rmission
of trainino them in th~
projects of construction and refo!T':ltion Car::icle No. 47 ,48,49, of the J.l'·enil':!
Law)
The judgeMents and the rules r.ent.ioned in items t!~.3,4,S aqre~
cor.~pl<>t~ly
with th eprinciples of the United !l3t.:.cns lj.,'h:.r::h are concerned ~.o.·ith the rr.annaq~
ment of the juveniles affairs .
39~
CHAPTER IV
THE EGYPTIAN Er-tERGEllCY r...nH ,\NO
PRI!ICIPELS OF HU!-1AU RIGHTS
The Egyptian constitution regulate s the emergency cases whi ch the state
is facing according to article 148 which stipulatec that the persidP.nt of
th~
Republic shall proclaim a state of emergency .
;
Such proclanation must be submitted to the peoples Assembly within the
subsequent fifteen days to take a decision upon it .
The state of emergency in all cases shall be for a linited period , which
may not be extended unless by qpproval of the Assembly.
Article 4 from the International conven ient of political and civil rights
in this concern has stipulated that in the exenpt i on emergency cases which
treaten the security of the state which will declared officially.
Article 4 permits to carry out measures free from the above mentioned
obl igations without prejudice to these principles (articles 6 , 7,8,11 , 15,16,18)
These articles conerned with the righ ts o f life and guarantee the application
of the death penalty.
Corpora l punishement, sl avery , exoloitation fo r slavery, d e t ention all these
acts shall be prohibited, thO? above mentioned articles :::oncerned also with
crime, punishement , recogni tion oflega l personalities, fre edom of idea, ethics
and religion.
The Egyptian legislator sets up the legislation y,•hich has preceeded the
law of emergency issued in 1958 unde r No . 162 anendF!nF! nts by rule s
~7
in 1972,
164 in 1981, SO in 1982 includes the regulations and rules concernce the state
of emerge ncy case .
Proclaim the state of emergency is presc r ibed by the law, it s hall
determine t he
compe te:-t~
a m:hGri::.y •..·hich has tt:e richts to pro cla im, ho"' it
- .~o nay be exteded , ~easures under taY.en during this p~riod, cases of complain
a gainst erne~;~ ~ ~] c~~ =~= ~~~ ~ = ?=v~e~~=es ur.d effects appear s when the state
o f emer gency comes to an end .
We wi ll c lear all these rules in the following items :
Fi r st :
Causes of Emeroency state Pr oclanation :
Proclamation a state of emergen'=Y is prescribed by law such as :
I f any dange r thr eaten the security of safety o f Nat i ona l
Unity either in case
of war or in case of any threaten disturbences inside the country and also in
t he case of disaster or epidemi c (ar ticle 1)
Second :
The comoetent author ity which has the richts to proclaim the state of ernerqencz:
The Preside nt o f the Pepublic shall proclaim or terminate a state of
emergency by decree including the cause of this proclamat i on, the area, the
effective date of corning into force the
li~it
period.
It is necess ary to submit the decree on the peop l e As seMbly wi thin subsequent
15 days to take a decision upon it.
If the law did not submit t o people ' s Assembly or
emergency shall be determined
(a~ticl~
2 ,
ref~ se
a~end~Ment
by it, the state o!
37 in 1972)
Third:
The extension of state of emercencv
I t is prohibited t o extend the state of emergency than the limit period
of issuing its decree exce pt the apf.'ro::;va l of people's Assembly.
The state of Emer~ en cv determined if this aooroval be r efused befor~ the period
sett led . (article 2, amendeme nt 37 i n 1972)
Fourth :
Measures Under Taken Du ri na the State af Ereraency :
The Presid~nt of The Republic has
to face t he danger
w~ich
threa~nes
the
th~
right to under take suitable m~asurcs
na~ion,
maintains security and
re~Jlates
the disciplinary in the state of e!:l e r~e'lc:; .
He has the yi ght t o rest=ict the
port, residence and trJ nsit.
li ber ~:· Q ~
people in helding meetin~s, t=ans-
l;l-. -
He also has the right to seize the suspect pe r son , those who threaten t he
security and to inspect them.
Letters , news papers sha ll be controle •
Times of opening the public shops
shall be restrict.
The President of The Repub l ic in th e state of Eme rg e ncy has the right to issue
any nece ssary decision as requisition bu ildings, p r operties without prejudice _
to the re gulation of discipl inary or conpansation stipulated by the law .
He also has the r ight to "''ithdraw licences of "' eapon s and explosives .
He has the right to emptying o r isolating some area .
The state of Emergency in all cases s ha ll be f or a limited period unless by
approval of the people • s Assembly.
(article 3)
;
Fif th :
Cases o f Comolain aaainst measurements of state o f Emergency and the ri ah s o f
tho se injured :
1-
Any person arrested or detained s ha ll be in form e d forthwith t he r easons
for his arrest or his de tention.
He shall h ave the right to c o~unicate wi th whoever he sees fie and info rm
them of what has taken place and to ask f or help from a lawer .
He must be notified , as soon as possibl , with the cha r ges directed ag ~ irst
him .
2-
Any arrested people have the r igh t t o be in protective custody
3-
An·1 i=::=-=:.:-. ~-.:= ·_: __ r .:. -;j:. :_
:..~
~:..; a!-' .!.cin'::
to the supre me court of secur i t y
against any measures taken t o =estrict his persona l freed om.
The l aw shall r e~ulate the r ight of comp l aint in a manner e ns uring
a de c ision r egarding it within thirty days after the da t e of his r e str iction
wi thout release .
4-
Any pe r son has the r it;ht to s ur:nit hus COfl"lplai n t by a COUS.:l l decision
issud from the court
release shall be
5-
~~Y
within 1 5 dtiys after the da te o f col"'pl ai nt o r
i~p e rative .
pe rson has the right to ren~ w his c omp lai n t fo r periods not l ~ss
30 day s .
f" l!;r-
th~n
6-
The t-'inister of Inte r io r has the right to appeal against the> decisions
of relea ~~d
is~~cd
by the court in order t o hear before another
cit ~~it
within 15 days after the date of appeal, in this case the decision of
the court shall be enforceable.
(article 3 bis - 60 in 1968 ,
amende~ent
by law 37/72 , 164/81 , 50/1982)
Six :
The comoetent court which is resoonsible to hear the detention warrant
ccrnolair~:
The law of state of emergency cor:-.posed courts of security (Emergency)
concerned with felonies and crimes comnitted against th~ disci s
issued as
a result of th e state of Emergency and crimes against public law.
ser.Le'lr::~s
The President of The Pepublic gives the permision to hear thes':!
before the above mentioned court as follows :
1-
Department of state cornnissioners
suw~ary
formed in a circuit in every
1 st instance courtm i t is composed from a judge from the mentioned COU!'"':
hears the cased shall be panishable by detainee and fine, o r a ny one of
them . The President
members to
2-
~he
o=
court.
T~ ~
Republic has the right to add two effie~ ~~ as
(by decision)
Supreme security court of
st~ ~ e
: orrned in circuits in courts o f a r-rc~ls ,
i t is ccmposed fr an three counsell o rs to try cases of
fe lo~ies
and other
crimes as the estimation of president of The Republic
The President o f the Republic has the right to add two officers as
to the court .
3-
~embers
(bv oecisi~nl
The appeal shall brought before the above mentioned court .
The members of public prosec!.: cion ha•Je the sa.'lle po'<-·e r of judges .
4-
These courts shall apFlY all legal procedu res r elatin g t o
cognizance or applied sentence
5-
O!'"
l~w
eithe r i n
cxcu te punishments .
All sentences issued from state serutity courts shall rntifie d by the
President o f Republic .
These
t o the .:le-:':iana of The F:ecident
s~n~ences
~f
s~all
not ~e final be fore
The !:et:ui:llic , ::l1e satific:~:...:.on ::;f •r..:-Y-n ce
-· u3judgement be necessary .
6-
P~esident
Before submitted the sentences to
of The Republic to satify
them all legislations procedures must be done at first by a counsellor
from appeal court to discuss the complains and to study the hearing or
a public attorney appointed for
his object in order to proof that al l
the procedures a r e valid, then he shall writhe his own opinion in every
felony in a explanation memoranda.
7-
President of The Republic has the ri ght to keep the
hear before trial or
,;
change th efinal punishment by another punishment o f less period or cancel
the punishment or ceased the in:orcemen t of al l or some puninshment '"heather
they are original or compawatory o r
satification .
conse~J~~tial
either before or after
(article No . 7 ,9,10,14 ,1 6)
Seventh
Effects aooears when the state of emProenc~ cernes to an end :
Article 19 , 20 from the law show~d the effects which appears when
th~
st~te
of Emergencycomes to an end which reflects on cased had submitted befor stat~
security
cc~~'== ·
.-- -- ... - -. - "" .
('rf"'"''o Y non,...,,,
These articles sett l ed th at the courts shall continue cognizance those
cases but the cases which had not submitt~d yet it shal l cognizance befor the
competant ordinary court, the rules of ratifying the sentences shall be continued.
In othe r haua,
1-11t:
:::.t::lll..c::t...:t::::.
11au
.1.::.::.ut::a b.::fore the state of emergency come to
an end i t shall be continued,or according to the sentence s which had iss~~d in
cases which will be cognizance before the security court of
stat~
according to
the above mentioned .
The rules and regulations
stipul~ted
on the state emergency law has agrre~d
with article 4 from the International conv~nants for civil and political rioht-:,
If these rules and regulations did not include any contradictions
rules impermissible according to the lase article , i t shal l
include the state of emergency
accc=di~~
~o
the law.
a~ains:
the
not b~ en:orc~ ~ir~ ! ~
CP.l'.FTER V
THE
EGYPTlTil~
JUDICif,RY r.t1T!~ORITY
AND THE PRINCIFELS OF HUMP<.ll RIGHTS
The Egyptian constitution
stipul a ~ ed
that the judic i ary Authority shall
be independent .
It s hall be exercised by courts of justice of different sorts and competence~ .
#
They shall issue their judgements in acccdance wi th law .
Judge shall be indepent,subject to no other authority e x cept the law.
The law shall determine the judiciary or9anization and their co~petents, and
s hall organize
th ~
measures for the
way of
t~ei r
formation and prscribe t h e
appointmen~ a~d
conditi o~s
and
trar.sfcr of their meMbers .
The status o= juC.ges shall be irrevocal:le
The law shall regulate the discFl-
inary actions with r egard to them {articles 165,166,167,168)
The International convenants of
the basic principe l s concerning
issued by Uni~~~
M~man
Rights
t~ ei~dependent
includ e~
the de claration cf
of the judiciary authority
N~~inn~ .
General Ass emb ly reso lutions or
2~ .' 1 : 11 '=?f:S
13/12/1965
This declaration contents the principels related to the irdependent of
judici~ry
authority which means the judiciary
i:n:n~.:~ity,
tion, it is regulating tte per-iod
!Je in sen·ice , the disciplinary actio ns
The
la\o~
t'>
conditi ons of appointed, qualifi-::a-
of judiciary authority :;o . 46 issued in 1972 the amen dements 17 i:1
1 976 , 96 in 1976 , 35 in 1984 concl~ded these principles stipulated in the
Egyptian constitution and in the United Nations declaration conce rned the
independent of judicia ry auth:ni ty as follo·..,.s :
1-
The courts have specific juuisdiction according to the law, it shall take
decisions i n all disputes and
~ ~ n3lties
byvirtue of the law (a r :icle 1-15)
any excPptions shall be subject
lt)-
2-
It is prohibited to t r ansfe r , second or change the p l ace of judges e xcept
in special cases p r escribed b y law (a rticle 52)
3-
Status of judges end publ i c proscutors shall be irrevocacabl e except
assistances of proseation
4-
thPi~
(article 67)
The genera l assemblies sets on eve r y cou r t
co~posed
al l members has the
r igh t to distribute and supervise the wor k, r egulate t he ci r cuits and
sessions . If also has the right to seconde members to work at the criminal
courts (article 30)
5-
The superme council is the competent authority it sha ll superv ise U1e
affairs of the judiciary organization for the appointment ,
transf~r,
second
the judges and the public prosecutors according to the law .
The supreme council composed from the president of cassation court, t he
president of Appeal cou r t and the public prosecution and two vice presidents
from cour t of cassation and two pr€sidents from court of appeal
(article
77 bis a 77 bis 2)
6-
The appeals offer from the
jud~es ,
public prosecution to c~nc e l the final
admin i stration decisious concerned to their affairs shall be submitted only
t o the civil
circuits in the
cass~tion
court these circ11its sha ll be
th~
c omptent authority to take decisions in the appeal of composations disput:Ps
c oncerned , salaries , pensions , remunerations (accordinq to ~rt icl r: 83)
7-
The disciplinary of the Judge shall be befor e a conpetent session consis ts
o f president of cassation court, three presiden ts from appeals court and
t hree counse l lors from cassation court
The meetings of this session must held secretly • The decisio n of
shal l issue by the president in the offici a l
n~wspape r
dis~i$S
( article 98 , 106, 108,
110)
8-
If it is p rohibited to seize any
ju~ge
or detained except in cased of
flag ::-ante delicto a perr.!isssion from the session must be t<J.ken .
In case of flagrant delicto the ma tter shall be submitted to
sessio n within 24 hours, this
seizing o r r o release hin.
sessi o ~
has only the rig ht tc
th ~
co~re tent
~ont!nu c
his
.
v
It is prohibited to under
tak~
~ny
rneasurs of investigations in criminal
procedurrs before taking the permission of the above mentioned session.
Punishement of judges for
fre eco~
rest=iction shall come into force in
special places (article 96)
The principels concerned with indepencent of judiciary authority be in
agreement with the articles of th
of United Nations General
eE~Jptia~
Asse~bly
After we have dealing with the
the principels of Human Roghts
f~r
constitution and the principels
that matter.
situa~icn
dete~i~ed
r: the E~·ptian legislator from
with international ccnvenants in
some important legislations as abc•;e re11tioned in these chapters.
In part III l••e will expose the i:1ternacional contribution o f Egypt on
the internationa l con·;enants of Hunan Rights .
- 47
PART III
EGYPTIAN INTERNATI 01lAL Pfl.-RTICIPATION
ON HlTERNATIOZIAL CONVEJ:IENTS
FOfl HUHf.Jl RIGHTS
Egypt a long the ancient history and accordin~ to its geographical situa tion moderated the three continents,it was an active member between the nati on s.
Egypt affects and reflects in all events, it is a_lso par ticipating and
,
contributing with all powers and c apac itie s to maintain the values of rights ,
justice, prornation, advancing the people all over the world to maintain fre edom
and self d etermination .
The heritages of the Egyptian civilization and the historical e xperiences
through ages are the strong stimulation behing this active motion in this
co~cern.
It is naturally place Egypt at the h ead of states par ici pating with the
international states as a who le in its great efforts to confi~ the princip~ls
of Human Rights and to ensur e that all peoples of the world be entitled to th ese
principels and rights.
According to the Egyptian participation t o the international convinants
and the accomplishement constitutional procedures thes convinants shall be
effective as any law adopted in the country .
The Egyptian constitution stipulated in article No . 151 that the agreements shall
be adopted by the presedent of the Republic then i t shall informed to the
general assembly with explanations .
It shall be enforced after
adopion,
ratification and publishing according to certain cases .
Interna tional convenants re l ating to Human Rights Egypt p~rticipated are :
1-
Internationa l convenant
2-
International convenant on civil and political rights.
3-
International convenation on th2 eleMi nation of all forns of Russial
descremina tion.
on economic social and cultural rights.
~ -----------------------------
..
- 48 4-
International convention on
th~
suppre ssion and punushm~nt of the crime
of /\partheid.
5-
International conven~ion against apartheid in sports .
6-
Convention on the elemination of all forms o f d i scrimination against
womwn.
7-
Convention on the prevention c:nd ].:"Un ish!'1ent of the crime of Genoci .
8-
Slavery convention.
9-
Protocol amending the slavery cornention signed at Geneva on 25 Sertember
1926 in 1053
10-
Slavery convention in 19L 6 as
11-
Supplementary conven~ion on
th~
and institutions and practices
12-
by the protocl in 1950
a~ir.ded
~..b0lition
si~ilar
Convention for the supperssi cn o f
th~
of slcJvery, the slave
trC~rjf' ,
to slavery .
traffic in persons a~d of
th~
~'XFl
i-
tation of th e prostitutio~ of others .
13-
Convention against to r tu re and other cruel, in h\• ~an or d~grodinq treat~e~t
or punishment .
14 -
Conventinn rPla ting tn the sta~e of refugees.
15-
Protocl relating to the status a: refugees .
16-
Convention on the poli tical rit hts of women.
17-
Convention on the non applicability of statuto r y himitations Lo wa r .
The above mentioned convenats has
2p;::~ a red
on international convenants f0r
!1-..::-t~r
realise the le ':" isl c:.t i cn e> f
ri g hts
thes~
Ric:~ ts
b·~·
the role of E<Jypt in contrih1:t i.on
assu ring that Egypt i£ intere sted to
r:l"ldifyr 1 the !)rinr- i plcs o= tl: e i11ter -
national com·e pan ts cle1rl y c;r:d abv ir:-'iS 1 y , t hr_se rriciples shall be f'!"C~ectcd
•
... L9 -
~~ I
\
End
According to this brief and fast producing to the situati o n of the Egyptian
Constitution and some Egyptian Legislations relat ing to the ·principels of Human
Ri ght s
a nd liberties,
Const itut ion,
and rules
eithe r
issued
by the Egyptian Legislator .
by the Egyptian Constitution
These principels
against
te.ngression
Constitution
Court
tangressions
r ealizes
tuti onally
in the
make these
in the country
The Important role
and it
under
pave the way
these r ights.
of Human Rights
for the future
in compains
in the SupreMe
related
to the
convenants c oncerned
si::Ular to the laws stipu-
she.ll obligated
by the ~igh
the Human Rights and liberties
purifying
supervi-
of the judicial a~thorities
Inte rn atio~el
com·enants
ta~es
all pavers and euthori -
Constitution
Court in
which
was
stipulated Consti-
the recent legis lati ons
from
any texts be egrdnst
This role reflects the great
the importance
judge~ent
represented
la~
r igh s .
of Egypt
Human Rights
lated
Forth
of these
The Contribution
la~s
and the independent
a
of the
virtue
ac cording to the judicial
ally of
which are assigned to render
and impor-
or by Egyptian legislations
and ri ghts stall r.~ protected by
upon the constitution
~ith
in the InternctionF-1
and liberties take its place
tance
to safeguard
Third
stipulated
betveen
the following facts :
All principels of Human Rights
sion
connection
concern .
We can emphasize
Second
have clarified that the intimate
The Egyptian Legislator
convenants in th i s
Fi r st :
~e
and the significant
and liberties
vith all
it is also
~ul'lr a nt.ees
interest of Fgypt f o r
assure
its need to
to maintain protPction for
-
At la5t Egypt offers
fo r Human Rishts
i n the
r eact i on
fi e ld o f
this
and it clears
H~an
Rights
suffer i ng
retardation
Yt-ich
deere~
-
to the honourable
the consti:.utional
and liberties.
among the African States
per ticip~~t
~Q
Afri~an
a:1d legislation
hoping
connected v ith
Ccomittee
greet efforts
to r eali ze the necesse..ry
a participant
h istory and
from long national
struggle
agai nst
~ill
approach.
Yell understencing
lead
to reel
benefits
of African H~an Rights to ~aintain ~ood
charter
of HU!!!an Rights
results
irr.perialism
according
and by virtue of la·o~ .
;.
and
for the
to the