House of Representatives
The House of Representatives discusses the draft Criminal Procedure Law. December 29, 2024.

UN concerns over Egypt's Criminal Procedure Code draft

Mohamed Napolion
Published Wednesday, May 14, 2025 - 14:41

The United Nations High Commissioner for Human Rights (OHCHR) called on the Egyptian President Abdel Fattah El-Sisi on Wednesday to consider the proposed Criminal Procedure Code carefully before signing it into effect, citing grave concerns over its potential impact on human rights. 

In a statement, Spokesperson for the OCHCR Thameen Al-Kheetan said the commission has been closely following Egypt’s new Code of Criminal Procedure, which was recently approved by the House of Representatives and is now pending presidential approval.

"We have raised concerns over provisions of the law that will grant public prosecutors broad discretionary powers," Al-Kheetan said. These include "pre-trial detention, interception of communications, and travel bans."

According to the statement, the law would also introduce measures that undermine the right to effective legal representation and weaken accountability for the actions of public officials, including law enforcement personnel.

The commission also flagged a lack of legislative transparency, noting that last-minute amendments were introduced before the bill was forwarded to the president, but were never made public.

Meanwhile, the Youth Secretariat of the Civil Democratic Movement has launched a public petition urging El-Sisi to reject the law and refer it to national dialogue, citing Article 123 of the constitution.

Article 123 stipulates that if the president does not approve a bill within 30 days of its submission, it automatically becomes law. If returned and re-approved by a two-thirds majority, the bill shall be deemed a Law and must be enacted.

The movement said its initiatives reflect a commitment to establishing an effective and equitable criminal justice system, based on the view that the Criminal Procedure Code is a cornerstone of the justice framework.

The code, it noted, defines the powers of the executive and judicial authorities, safeguards the rights of defendants and their legal counsel, regulates law enforcement and prosecutorial authority, and protects innocent individuals from arbitrary suspicion, abuse, and misuse of power.

The movement also expressed its willingness to support any effort that strengthens the justice system in confronting crime. However, it criticized the House of Representatives for rushing the proposed bill —which contains over 500 articles— without allowing adequate time for public or political debate on such a critical legal reform.

In a press conference last week, the movement called on El-Sisi to block the bill, warning that its current form poses a "threat to civil liberties." It also criticized parliament for ignoring recommendations from Egypt's national dialogue, the country's human rights strategy, and professional syndicates.

Furthermore, the movement affirmed that its opposition to the bill is grounded in research and legal analysis, citing a position paper by the Journalists Syndicate. It also cited proposals from the "Towards a Fair Criminal Procedure Law" campaign, and recommendations from UN special rapporteurs outlining the legal standards Egypt must meet to comply with the International Covenant on Civil and Political Rights and other binding international agreements.

In late April, The Arab Centre for Independence of Judiciary & Legal Profession also condemned the bill, warning of its detrimental impact on the justice system in Egypt, and urging President El-Sisi not to sign it and instead resubmit its provisions for national dialogue to avoid “the constitutional and legal flaws that have plagued it."

Before being approved by lawmakers, the bill was widely criticized by rights advocates and the Journalists Syndicate, which submitted detailed objections to provisions limiting due process during arrest, investigation and trial.

Activists have objected to articles permitting remote trials, imposing fines of 500 Egyptian pounds (around $10) on appeal requests, placing restrictions on asset freezes, and using electronic bracelets as alternatives to pretrial detention. The bill would also grant citizens the right to bring criminal charges against public officials.

At a press conference hosted by the Egyptian Initiative for Personal Rights, human rights lawyers announced their rejection of the draft criminal procedure code, describing it as "a threat to the stability of the justice system."