Emergency Law Extended to Crimes of Thuggery Only
What it Means, and Why Egypt Does not Need it
Introduction
On January 24th, 2012, the Supreme Council for the Armed Forces (“SCAF”), issued Decree No. 59 of 2012, (Official Journal, Issue 3 bis (b), January 24th, 2012), ending the application of the State of Emergency in Egypt as of January 25th, 2012 (first anniversary of the January Revolution) except with respect to crimes of thuggery. What does this mean in effect? To answer this question, some background needs to be understood.
The State of Emergency
The current State of Emergency has been in place since October 1981, immediately following the assassination of President Sadat, and has been with us for the past thirty years. This was based on Law No. 162 of 1958, which provided the legal framework for the imposition of consecutive Emergency Law Declarations.
Under this legal framework, to apply the State of Emergency means the suspension of certain key provisions in the ordinary criminal law, all pertaining to the rights and guarantees of those accused of certain crimes.
Crimes of Thuggery
The newly enacted Decree/ Law by SCAF allow the continuation of the exceptional provisions of the State of Emergency with respect to Crimes of Thuggery only.
Conclusion
After thirty years of continuous application of the Sate of Emergency in Egypt, there is no legal or moral justification for continuing to keep the current status-co even for Crimes of Thuggery only. It is not obvious that this would significantly reduce the occurrence of crimes, nor that the ordinary provisions of the criminal law are insufficient. More importantly, the mere extension of the State of Emergency even for set of crimes only is contradictory with the freedoms and rights that Egyptians expect. Moreover, the fact that Crimes of Thuggery can be loosely interpreted sheds serious concerns over the potential abuse of the Law in the future. It is time that Egypt gave up its reliance on exceptional laws and embraces a return to ordinary ones.
What it Means, and Why Egypt Does not Need it
Introduction
On January 24th, 2012, the Supreme Council for the Armed Forces (“SCAF”), issued Decree No. 59 of 2012, (Official Journal, Issue 3 bis (b), January 24th, 2012), ending the application of the State of Emergency in Egypt as of January 25th, 2012 (first anniversary of the January Revolution) except with respect to crimes of thuggery. What does this mean in effect? To answer this question, some background needs to be understood.
The State of Emergency
The current State of Emergency has been in place since October 1981, immediately following the assassination of President Sadat, and has been with us for the past thirty years. This was based on Law No. 162 of 1958, which provided the legal framework for the imposition of consecutive Emergency Law Declarations.
Under this legal framework, to apply the State of Emergency means the suspension of certain key provisions in the ordinary criminal law, all pertaining to the rights and guarantees of those accused of certain crimes.
Crimes of Thuggery
The newly enacted Decree/ Law by SCAF allow the continuation of the exceptional provisions of the State of Emergency with respect to Crimes of Thuggery only.
Conclusion
After thirty years of continuous application of the Sate of Emergency in Egypt, there is no legal or moral justification for continuing to keep the current status-co even for Crimes of Thuggery only. It is not obvious that this would significantly reduce the occurrence of crimes, nor that the ordinary provisions of the criminal law are insufficient. More importantly, the mere extension of the State of Emergency even for set of crimes only is contradictory with the freedoms and rights that Egyptians expect. Moreover, the fact that Crimes of Thuggery can be loosely interpreted sheds serious concerns over the potential abuse of the Law in the future. It is time that Egypt gave up its reliance on exceptional laws and embraces a return to ordinary ones.