President Abdel Fattah al-Sisi must not promulgate the new Criminal Procedures Code (CPC) adopted by the Egyptian Parliament, which, if enacted, would further undermine fair trial rights and facilitate the authorities’ ongoing crackdown against politicians, human rights defenders and lawyers, the International Commission of Jurists (ICJ) said today.
Despite serious criticism by some members of Parliament, domestic and international non-governmental organizations and UN special procedures of the draft text presented by the Government, on 29 April 2025, the Egyptian Parliament adopted the new Criminal Procedure Code without major revisions.
“Instead of adopting actual rights-based reforms as purported, Parliament adopted a text that will only exacerbate human rights violations and further the impunity of public officials, including investigators and public prosecutors,” said Saïd Benarbia, ICJ Middle East and North Africa Programme Director. “President al-Sisi must not promulgate the new Criminal Procedure Code since it undermines fair trial rights even further.”
The CPC, which is set to replace the 1950 CPC, was drafted purportedly to respond to recommendations from Egypt’s so-called 2023 National Dialogue, when the authorities held lengthy discussions with opposition figures and civil society actors, including on the abusive use of pre-trial detention and political prisoners.
However, by:
- failing to introduce effective safeguards to put an end to the Egyptian authorities’ widespread resort to abusive pre-trial detention to punish dissent;
- perpetuating impunity for law enforcement officials; and
- entrenching public prosecutors’ authority and discretion in a manner that could facilitate further violations of fair trial rights,
the CPC falls far short of international human rights law and standards.
Some UN Human Rights Council Member States raised concern regarding the draft CPC during Egypt’s last Universal Periodic Review. In particular, two States addressed advanced questions asking what steps Egypt planned on taking to ensure that the draft CPC would comply with international standards, especially regarding due process, evidence admissibility and protection against torture. In addition, during the actual UPR session, four States called on Egypt to review the draft CPC and “ensure compliance with international human rights law”.
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The detailed analysis of the CPC can be downloaded in English & Arabic.
Contact
Saïd Benarbia, Director, ICJ Middle East and North Africa Programme; t: +41 22 979 3800, e: said.benarbia@icj.org
Nour Al Hajj, Communications & Advocacy Officer, ICJ Middle East and North Africa Programme; e: nour.alhajj@icj.org
