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A New Counter - Terrorism Law

A New Counter - Terrorism Law
On 15 August 2015, the Counter-terrorism Law was enacted by way of a presidential decree (the "Law").[1] The Law introduces new and expansive definitions of who is considered a terrorist, what is considered a terrorist entity, what is considered financing terrorism, and what constitutes a terrorist act. The Law imposes harsh penalties ranging from the death sentence to long-term imprisonment on a list of acts which include financing terrorism, attacks on the lives of individuals for terrorist motives, the forceful obstruction of public authorities from carrying out their duties, the disruption of public utilities in some cases, and the intentional dissemination of false information. For several years, politicians, legislators and lawyers have debated whether the current terrorism-related provisions in the Egyptian Penal Code suffice to counter the threat of terrorism, or whether a new law specially dedicated to this subject must be enacted. This debate flourished more in the wake of the termination of the state of emergency in 2012. Over the last few months, it became clear that the government decided to issue a new law to address the growing terrorist threats facing the country.
Scope and Definitions
The Law does not directly replace relevant sections of the Penal Code. Instead, the Law stipulates that provisions of the Penal Code will be operative with regards to any issue on which the new Law is silent. The Law also broadens the scenarios in which an act may be deemed as a terrorist act. The Law defines a terrorist act as “using force or the threat thereof, […] for the purpose of disrupting public order or subjecting society’s safety and security to danger” but then continues to list numerous other scenarios as motives which make an act a terrorist act, including harming the environment or antiquities; obstructing judicial authorities or any other government entities from carrying out their duties; or obstructing the implementation of any constitutional right. While “terrorism” in the Penal Law had to be an act for the purpose of harming society as a whole, the new Terrorism Law only puts two prerequisites for an act to constitute a terrorist act, namely that: 1) the act has to be done by use or threat of use of force; and 2) it has to be made for the purpose of disrupting public order or any other purpose listed, such as harming the environment or obstructing justice. Interestingly, the definition of “terrorist” in the new Terrorism Law includes leadership, participation in or contribution to a terrorist entity, as defined in the Terrorist Entities Law,[2] which we reviewed in the March Issue of the Egypt Legal Update. The definition of financing terrorism used is almost identical to that used in the Terrorist Entities Law. This casts a wide net and covers raising, collecting or supplying funds, weapons, information and other things – directly or indirectly – for the purpose of using it in a terrorist crime, or with the knowledge that it shall be used in such manner. The financing of terrorism, however, also includes providing safe haven to terrorists or to financiers of terrorism. The Law doesn’t specify that this has to be done with knowledge that such person is a terrorist or finances terrorism.
Notable Penalties
The new Law imposes capital punishment on 13 different crimes, including establishing a terrorist entity, financing terrorism, and causing death as a result of disruptions to oil and gas pipelines. The Law imposes harsh prison sentences on a number of different activities, including attacks directed at foreign entities such as embassies, diplomatic missions and international organizations. Controversially, the Law imposes severe penalties on many acts related to the dissemination of information and the reporting on terrorism-related news. The Law imposes a fine ranging between two hundred thousand and five hundred thousand EGP on anyone who knowingly broadcasts or presents false information related to terrorism or counter-terrorism operations. Under the Law, “false information” is defined as information which contradicts official statements issued by the Ministry of Defence.   [1] Presidential Decree-Law No. 94/2015 issuing the Counter Terrorism Law, Official Gazette, Issue No. 33 (bis), 15 August 2015. [2] Presidential Decree-Law No. 8/2015 regulating the Registries for Terrorist Entities and Terrorists, Official Gazette, Issue No. 7 (bis) (g), 17 February 2015.
On 15 August 2015, the Counter-terrorism Law was enacted by way of a presidential decree (the "Law").[1] The Law introduces new and expansive definitions of who is considered a terrorist, what is considered a terrorist entity, what is considered financing terrorism, and what constitutes a terrorist act. The Law imposes harsh penalties ranging from the death sentence to long-term imprisonment on a list of acts which include financing terrorism, attacks on the lives of individuals for terrorist motives, the forceful obstruction of public authorities from carrying out their duties, the disruption of public utilities in some cases, and the intentional dissemination of false information. For several years, politicians, legislators and lawyers have debated whether the current terrorism-related provisions in the Egyptian Penal Code suffice to counter the threat of terrorism, or whether a new law specially dedicated to this subject must be enacted. This debate flourished more in the wake of the termination of the state of emergency in 2012. Over the last few months, it became clear that the government decided to issue a new law to address the growing terrorist threats facing the country.
Scope and Definitions
The Law does not directly replace relevant sections of the Penal Code. Instead, the Law stipulates that provisions of the Penal Code will be operative with regards to any issue on which the new Law is silent. The Law also broadens the scenarios in which an act may be deemed as a terrorist act. The Law defines a terrorist act as “using force or the threat thereof, […] for the purpose of disrupting public order or subjecting society’s safety and security to danger” but then continues to list numerous other scenarios as motives which make an act a terrorist act, including harming the environment or antiquities; obstructing judicial authorities or any other government entities from carrying out their duties; or obstructing the implementation of any constitutional right. While “terrorism” in the Penal Law had to be an act for the purpose of harming society as a whole, the new Terrorism Law only puts two prerequisites for an act to constitute a terrorist act, namely that: 1) the act has to be done by use or threat of use of force; and 2) it has to be made for the purpose of disrupting public order or any other purpose listed, such as harming the environment or obstructing justice. Interestingly, the definition of “terrorist” in the new Terrorism Law includes leadership, participation in or contribution to a terrorist entity, as defined in the Terrorist Entities Law,[2] which we reviewed in the March Issue of the Egypt Legal Update. The definition of financing terrorism used is almost identical to that used in the Terrorist Entities Law. This casts a wide net and covers raising, collecting or supplying funds, weapons, information and other things – directly or indirectly – for the purpose of using it in a terrorist crime, or with the knowledge that it shall be used in such manner. The financing of terrorism, however, also includes providing safe haven to terrorists or to financiers of terrorism. The Law doesn’t specify that this has to be done with knowledge that such person is a terrorist or finances terrorism.
Notable Penalties
The new Law imposes capital punishment on 13 different crimes, including establishing a terrorist entity, financing terrorism, and causing death as a result of disruptions to oil and gas pipelines. The Law imposes harsh prison sentences on a number of different activities, including attacks directed at foreign entities such as embassies, diplomatic missions and international organizations. Controversially, the Law imposes severe penalties on many acts related to the dissemination of information and the reporting on terrorism-related news. The Law imposes a fine ranging between two hundred thousand and five hundred thousand EGP on anyone who knowingly broadcasts or presents false information related to terrorism or counter-terrorism operations. Under the Law, “false information” is defined as information which contradicts official statements issued by the Ministry of Defence.   [1] Presidential Decree-Law No. 94/2015 issuing the Counter Terrorism Law, Official Gazette, Issue No. 33 (bis), 15 August 2015. [2] Presidential Decree-Law No. 8/2015 regulating the Registries for Terrorist Entities and Terrorists, Official Gazette, Issue No. 7 (bis) (g), 17 February 2015.