Emergency legislation in Egypt
The emergency legislation of Egypt was enacted in 1958 with the numerous articles Law No. 162 in Egypt and was not repealed until May 31, 2012.
Under Nasser and Sadat
Under President Nasser , the Emergency Act was applied from 1958 to 1964, then again in 1967 ( Six Day War ). Even during the reign of Nasser's successor Anwar al-Sadat , the emergency law was an important basis for securing power. These laws were briefly suspended in May 1980 (until Sadat's assassination in October 1981).
Mubarak's reign
After the assassination of President Anwar al-Sadat on October 6, 1981 by fundamentalist members of the Egyptian armed forces , the emergency law was reintroduced by his successor, Husni Mubarak, to calm the explosive domestic political situation (Law 560/1981). Since then it has been extended and maintained again and again. In 2005, Mubarak promised during his presidential campaign, which was running at the time, that he would replace the emergency law with a new anti-terror law . Instead, during his aegis, the Emergency Act was extended again and again in May 2006, May 2008 and most recently on May 11, 2010. On May 11, 2010 for a further two years until May 31, 2012 (Executive Order 126 of June 30, 2010). Political life in Egypt was thus determined not by the constitution , but by emergency legislation.
Development after the fall of Mubarak
After Mubarak's resignation on February 11, 2011, the subsequently de facto ruling Military Council not only left the emergency legislation in force, but applied it to a greater extent than Mubarak. In one of its first statements after the fall of Mubarak, the council had declared that the state of emergency, which had been in force permanently since 1981, should be lifted "as soon as the current situation was over" - without, however, defining exactly how this situation should look in its opinion, or when he would see the appropriate time for.
In its constitutional declaration of March 30, 2011, comprising 63 articles, the Military Council did not delete Article 148 of the 1971 constitution, which concerned the declaration of a state of emergency , but included it - with minor restrictions - as Article 59 in this constitutional declaration .
“The [Constitutional] Declaration also addresses the issue of Article 148 of the former Constitution, which concerns [the declaration of] a state of emergency by limiting the period of the state of emergency to six months. The state of emergency can be extended by six months - provided the people's assembly agrees and [the population declares their consent] in a referendum. The current state of emergency / emergency will be lifted / ended before parliamentary elections take place ... "
In mid-May 2011, the Supreme Military Council announced that it did not plan to suspend the state of emergency , but rather to leave it in force until after the upcoming presidential and parliamentary elections. However, these laws should only apply to disputes with a denominational background, violent crimes, willful destruction of public or private property, the blocking of roads and attacks on police or military forces.
In mid-September 2011, the Military Council (SCAF) took the attacks of September 9, 2011 on the Israeli embassy in Egypt as an opportunity to expand the emergency law - contrary to its promise of February 2011 to repeal the law. It was declared that in the face of terrorism and threats to national security and public order, all articles of the Emergency Laws would now be fully applicable again. According to Decree 193/2011 of the Military Council, which was then issued, the emergency laws should now also be applied in cases of possession or trafficking in weapons and drugs, hooliganism and in cases of vandalism / destruction of (state) property, blocking of roads (through demonstrations) , Obstructing work (prohibition of work stoppages / strikes), spreading false news or false rumors. Persecution / punishment was also threatened to any Egyptian citizen who criticized the Egyptian government or the military council.
Military and special courts
With reference to the Emergency Act, the state can arbitrarily arrest individuals or entire groups without giving reasons, extend both detention and pre- trial detention of persons for an unlimited period of time ( long-term detention ) and do not have to submit an indictment or initiate proceedings against them ( without Charge or trial ). If, however, proceedings are initiated, the court hearing - even though the majority of the accused are civilians - (outside the civil court system) takes place in military or special courts - so-called state security courts. In the military and state security courts usually judge civilian judges who are chosen because of their loyalty to the state.
Those convicted by a military or state security court are denied the right to contest this judgment ( revision ) before another civil court or before a higher instance. Only the President of the Republic has the right to override or override judgments of the military and state security courts as he sees fit.
On September 7, 2011, the Hisham Mubarak Law Center (HMLC), together with the “No Civilians Before Military Courts” group, published a report entitled “Diary Under Military Rule,” which found that previously under the rule of the Supreme Military Council in Far more civilians were tried and tried in military courts in Egypt than in the entire 30-year rule of Mubarak. The Supreme Military Council had around 12,000 civilians tried in military courts during its seven-month rule.
During the entire reign of Mubarak, however, only 2,000 civilians were tried by military courts. Two days earlier, on September 5, 2011, General Adel al-Morsy , head of the Egyptian military justice system, confirmed these figures in advance at a press conference. Adel al-Morsy announced that from January 28 to August 29, 2011, a total of 3,863 trials against civilians had taken place in military courts. Charges were brought against a total of 11,879 civilians. 795 accused were acquitted, 6,235 people were sentenced to prison and a further 1,836 were sentenced to probation. Another 1,225 civilians were also sentenced to prison terms. The judgments have not yet been confirmed. 281 civilians are still pending proceedings.
Lifting of the state of emergency
Partial repeal
On January 24, 2012, the Military Council repealed the Emergency Act - initially in part. Immediately before the anniversary of the revolution, attempts were made to counter the expected demonstrations against the power of the military. The Military Council, however, kept one back door open: It was declared that the Emergency Act would continue to be applied in cases of hooliganism. Using this vague term, the military council had repeatedly arrested demonstrators in the past and had them sentenced to long prison terms. For this reason, various human rights groups, parties or even the US State Department called on the military council to repeal the emergency law completely, because the criminal laws were considered completely sufficient.
Complete repeal
On May 31, 2012, the state of emergency was finally lifted completely. The 2-year extension (see above) still approved under Mubarak (and the parliament that is dependent on him) expired on this date and an extension should have been approved by a majority of the Egyptian people's assembly (see Art. 59 of the interim constitution of March 30th 2011). The Freedom and Justice Party of the Muslim Brotherhood and other parties closely related to it, however, had a clear majority in the parliament (which had not yet been elected unlawfully by the Egyptian Constitutional Court) and it could hardly be assumed that approval could be achieved. In addition, a debate about the sense / nonsense of the Emergency Act, which had arisen at this point in time, would have resulted in the presidential election, which had not yet been decided (upcoming runoff election: Mohammed Mursi / Ahmad Schafiq on June 16/17, 2012), the candidate Schafiq, who was favored by the military, with certainty weakened.
New decree 2012
On June 4 (published June 13) 2012, Justice Minister Adel Abdel Hamid issued Decree No. 4991 from 2012, which threatened exactly the measures and penalties that were believed to have left behind with the repeal of the Emergency Act. The decree was based on Law 25 on Military Justice from 1966. According to the decree, military forces could now arrest civilians again.
Any Egyptian who “commits acts that threaten the security of the state or harm the government, does not follow orders [of the military], or verbally insults [the military], buildings, historical monuments or any other public Property is damaged / destroyed, traffic is blocked or the work of public institutions is hindered, or [other] citizens are threatened or terrorized. ” The decree was sharply criticized by numerous human rights organizations, political parties and groups. For example, B. the youth movement of April 6th that this decree shows the unbroken continuity of the "deep security state" in Egypt. Mohamed Zaree of the Cairo Institute for Human Rights Studies (CIHRS) commented: “This decision is illegal. The arrest of civilians does not fall within the purview of the military unless it would damage military property, such as B. aircraft, submarines or military production facilities. The arrest of civilians who violate the Criminal Code is a matter for the police force. " Magda Boutros of the Egyptian Initiative for Personal Rights (EIPR) added: " ... [This decree] gives the military extensive opportunities for searches and to make arrests for acts that are prosecuted under criminal law, such as damage to public property, strikes, obstruction of traffic by blocking roads, or even 'thuggery' [hooliganism] ... “ According to the Justice Department, the Provisions of the decree apply until a new (yet to be drawn up) constitution comes into force.
A total of 17 human rights organizations subsequently appealed against the decree to the Supreme Administrative Court of Egypt. On June 26, 2012, the decree was annulled by the First Circuit Administrative Court. Despite this verdict, it remained unclear what to do with the Egyptians who have been imprisoned by the military since the fall of Mubarak. According to estimates by human rights groups, the de facto ruling military has arrested around 16,000 civilians since February last year and had most of them sentenced to imprisonment, in some cases even to the death penalty, by military courts without a fair trial (see, for example, the military trial against the - meanwhile Released again - blogger Maikel Nabil Sanad ).
Content of the emergency legislation
- Art. 1: The state (meaning: only the President / see Art. 2) can declare a state of emergency or a state of emergency in [all] Egypt or for a certain area [of Egypt] if war, uprisings, catastrophes or disease epidemics result in the public safety and order [in Egypt] is at risk.
- Art. 2: The state of emergency can only be declared by the President of the Republic. His declaration must include the reason [for declaring a state of emergency], for which areas (Egypt) it should apply, and from when the state of emergency law should apply (enter into force).
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Art. 3: If the President of the Republic has declared a state of emergency, the following measures can be taken:
- 1. The freedom of assembly can be restricted; Prohibitions to leave the place of residence / residence can be pronounced; Curfews for certain locations can be imposed for certain times.
- Arrests of "suspects" who are believed to disturb public order can be made (without any justification).
- Private apartments can be searched without giving any reason.
- 2. The security forces have the right to seize publications / media of any kind (newspapers, brochures / leaflets, advertisements), or may check them - even before they are published.
- 3. The state has the right to close business, to open others, to close business in certain areas.
- 4. The state has the right to expropriate any person or company believed to pose a threat to public order.
- 5. The state has the right to seize unregistered weapons or weapons depots.
- 6. The state has the right to evacuate certain areas and to prohibit transports into certain areas.
- 7. The state has the right to search people. He can demand that you identify yourself.
- 1. The freedom of assembly can be restricted; Prohibitions to leave the place of residence / residence can be pronounced; Curfews for certain locations can be imposed for certain times.
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Art. 3B: A person who has been arrested in accordance with the above provisions can only protest / appeal against the arrest after six months have elapsed. (see below = Art. 6)
- If a prisoner tries to be released, only the President of the Republic can get a court to (then actually) release him
- Art. 5: The prisoners are sentenced to hard labor and fined 40,000 Egyptian pounds .
- Art. 6: (Only) after 6 months an inmate must be brought before a court for a hearing. (see above = Art. 3 B) ...
- Art. 13: Only the President of the Republic has the right to reject any decision of a court. He can (but also) pardon a prisoner and arrange for a prisoner to be released again (contrary to a judgment that has already been made).
Individual evidence
- ↑ Carnegie Endowment: Emergency Law (Excerpts - Incomplete!) ( Memento of November 21, 2011 in the Internet Archive )
- ↑ Egypt.com/News May 19, 2010: The Emergency Law in Egypt ( Memento from December 9, 2011 in the Internet Archive )
- ↑ International Federation for Human Rights November 17, 2001: The Emergency Law in Egypt
- ↑ Tagesspiegel May 31, 2012: State of emergency in Egypt lifted after 30 years
- ↑ Washington Post May 31, 2012: Egypt's infamous emergency law expires
- ^ Human Rights Watch May 12, 2010: Egypt: Cosmetic Changes Can't Justify Keeping Emergency Law
- ^ Human Rights Watch January 2011: Work on Him until He Confesses. Impunity for Torture in Egypt. Here: p. 12, f.10
- ^ Human Rights Watch May 12, 2010: Egypt: Cosmetic Changes Can't Justify Keeping Emergency Law
- ^ Supreme Council of the Egyptian Armed Forces February 11, 2011: Statement of the Supreme Council of the Armed Forces (2)
- ^ Frankfurter Rundschau-Online February 13, 2011: After the riots: The new Egypt
- ^ Egypt State Information Service: Constitutional Declaration: A New Stage in the History of the Great Egyptian People (Constitutional Declaration of the Military Council of March 30, 2011)
- ^ Egypt State Information Service March 31, 2011: SCAF Issues Constitutional Declaration
- ↑ Al-Masry Al-Youm May 12, 2011: State of emergency extended until after elections
- ^ Ahram-Online September 10, 2011: Egypt's minister of information: Emergency law revived after yesterday's clashes
- ^ Ahram-Online September 15, 2011: Egypt outcry over "reactivation" of hated emergency law
- ↑ Alarabiya September 13, 2011: Anger sweeps Egypt as emergency law makes powerful comeback ( Memento from January 8, 2012 in the Internet Archive )
- ^ Al-Masry Al-Youm September 13, 2011: Renewed Emergency Law raises fears of coming crackdown
- ^ Carnegie Endowment: Emergency Law (excerpts) ( Memento of November 21, 2011 in the Internet Archive )
- ^ The Daily News Egypt September 7, 2011: 12,000 in military courts under SCAF; 2,000 under Mubarak, says lawyer
- ^ Al-Masry Al-Youm September 5, 2011: Egypt to stop military trials for civilians once Emergency Law is lifted
- ↑ Al-Ahram September 5, 2011: Military trials for civilians to end when emergency laws are lifted: Egyptian General
- ^ Egypt State Information Service January 25, 2012: Tantawi: Armed forces to turn to protecting homeland after transitional phase
- ↑ Egypt Independent January 24, 2012: Military head ends state of emergency, except in 'thug-related cases'
- ↑ Jurist.org January 25, 2012: Egypt military leaders announce partial lift of state of emergency
- ↑ BBC News, January 24, 2012: Egypt's ruling generals 'to end' state of emergency
- ^ Egypt Independent January 25, 2012: Politicians: Thuggery exclusion in emergency law a loophole
- ^ Egypt Independent January 25, 2012: US praises lifting of Emergency Law, seeks clarification of 'thuggery'
- ^ Egypt Independent January 27, 2012: Top US human rights official urges Egypt to lift Emergency Law
- ^ Egypt Independent January 30, 2012: Rights group urges Parliament to end state of emergency
- ↑ Jurist.org May 31, 2012: Egypt state-of-emergency law expires
- ^ Egypt State Information Service: Constitutional Declaration (of the Military Council) - March 30, 2011
- ↑ Spiegel-Online June 14, 2012: Dissolution of Parliament. Egyptians fear the generals' coup
- ↑ taz June 14, 2012: Parliamentary election in Egypt invalid. Electoral law is unconstitutional
- ^ Spiegel-Online May 25, 2012: Presidential election in Egypt. Mursi and Schafik run in the runoff election
- ^ Spiegel-Online May 26, 2012: Before the runoff election in Egypt. Third place complains of election violations
- ^ Spiegel-Online June 14, 2012: Egypt's Constitutional Court. Schafik is allowed to run in the presidential runoff election
- ^ Egypt Independent June 13, 2012: Justice Ministry grants military police power to arrest civilians
- ↑ Cairo Institute for Human Rights Studies / CIHRS June 13, 2012: Welcome to the Military State of Egypt: Minister of Justice Decree More Repressive than State of Emergency, Grants Military Police and Military Intelligence Judicial Authority to Arrest Civilians
- ↑ Al-Monitor June 14, 2012: Mubarak-Era 'Emergency Law' Creeps Back Into Egypt Politics ( Memento from June 25, 2012 in the Internet Archive )
- ↑ Al-Ahram Weekly, June 21-27, 2012, Issue No. 1103: Extra strength ( Memento from June 26, 2012 in the Internet Archive )
- ↑ Bikyamasr June 13, 2012: Egypt police, intelligence can arrest civilians in emergency law styled decree ( Memento of June 18, 2012 in the Internet Archive )
- ↑ Spiegel-Online June 26, 2012: Court judgment. Egypt's military is not allowed to arrest civilians
- ↑ Cairo Institute for Human Rights Studies / CIHRS June 13, 2012: Welcome to the Military State of Egypt: Minister of Justice Decree More Repressive than State of Emergency, Grants Military Police and Military Intelligence Judicial Authority to Arrest Civilians
- ↑ Amnesty International June 14, 2012: Egypt must urgently cancel 'dangerous' new powers given to military
- ↑ Egypt Independent June 14, 2012: Rights advocates: Military arrest powers worrying
- ↑ Aljazeera June 13, 2012: Egypt decree grants arrest powers to military
- ↑ Cairo Institute for Human Rights Studies / CIHRS June 26, 2012: Administrative Court rules in favor of appeal presented by human rights NGOs, revokes decree enabling military intelligence and military police to arrest civilians
- ↑ Spiegel-Online June 26, 2012: Court judgment. Egypt's military is not allowed to arrest civilians