5 political and economic dimensions to abolish the emergency law – Freedom and Justice Gate

A research paper entitled “Cancellation of the state of emergency: a reading of the political, legal and economic dimensions” published by Al-Share Al-Siyasi website said that the decision to cancel the state of emergency in itself is good; But the catastrophe is the existence of an arsenal of other laws restricting rights and freedoms, which were approved by the coup regime during the previous years.
The paper referred to the set of laws introduced by Sisi that cover the place of the emergency law.
anti-terror laws, It gives wide powers to the security and judicial authorities to arrest and prosecute Egyptians.
Terrorist Entities Law, which gives the state the right to seize Egyptians’ money and prevents them from disposing of it.
Code of Criminal Procedure, Which has been amended and through which the authorities can reserve and interrogate wanted persons for long and open years, with penalties that reach death by about 3 years in pretrial detention.
The paper stressed that “most of those in prison are not because of the emergency law,” meaning that tens of thousands of political detainees would not benefit from the abolition of the state of emergency, and the decision could have been described as good if the authority was serious and honest in dealing with the human rights file with justice and equity and respect for the provisions of the constitution that It has been crushed over the past years.

legal feasibility
The first dimension relates to the human rights feasibility, in explaining the value of the announcement of the abolition of the state of emergency, despite tens of thousands of detainees being imprisoned.
She explained that the release of political detainees is the true expression of a degree of improvement in the human rights file, otherwise it is nothing more than propaganda for the regime and a speech directed abroad along the lines of the “national strategy for human rights” launched by Sisi.
The paper added that “the exceptional measures stipulated by the emergency law, such as placing restrictions on the freedom of people to meet or demonstrate, or censoring newspapers, publications and media, or evacuating some places or curfews in some places, will remain in force, not under the emergency law, Rather, it is based on laws such as: demonstrations, organizing the press and media, combating terrorism, terrorist entities, and executive decisions issued by the coup leader or his prime minister.
And she indicated that Sisi “by enacting an arsenal of abnormal laws, was able to turn the exception into a general rule, and Egypt is already ruling by several notorious laws. If the emergency is abolished, the texts of other abnormal laws grant the authority more than the powers of the emergency law.”
And she added, “All the exceptional texts that allow arrest, search and imprisonment without being bound by the law of procedures contained in the Emergency Law have been transferred to other laws, and they are still in force and their application does not require declaring a state of emergency.”

political viability
The paper considered that, from a political point of view, it does not constitute any qualitative leap in the Egyptian political life, which has become fully nationalized for the sake of the authority.
The paper referred to massacres of political offenders and the arrest of about 70,000 Egyptians today in prisons, brutal torture and medical negligence that “dropped hundreds of victims, all of which are crimes that occurred in the absence of a state of emergency.”
Regarding the possibility of a positive step, the paper linked this to “the dismantling of the repressive legislative structure and the release of tens of thousands of political prisoners, and this is unlikely under the Sisi regime.”
And it concluded that the military, before imposing the emergency, did not stop “the violations and all their crimes and massacres that took place before the imposition of the state of emergency.”
However, the paper presented the opinion of some who bet on “the decision to cancel the emergency, but some see the decision as a prelude to an expected political breakthrough.”
Others believe that “the local and global community needs real convincing reform decisions at home and abroad, human rights organizations, governments and Western circles, especially in the United States and Europe, which have recently leveled many criticisms of the human rights record in Egypt.”

Media repercussions
As of this writing, the media is still addressing the decision, according to the paper, as “a reflection of the stability of society and the strength of state institutions, which attracts many foreign investments in light of these difficult economic conditions that the country is going through.”
This was indicated by articles, editorials and opinion corners in major national newspapers, including Al-Ahram.
The paper also pointed to a link “between the decision to cancel the emergency and the approval of the Plan and Budget Committee of the Military Parliament on October 11, 2021 AD on a government draft law requiring the participation of the private sector in infrastructure projects, services and public utilities, and referred it to the plenary session for the final vote, which aims primarily to Privatize services provided to citizens in important sectors such as electricity, water, transportation, health and education.
The paper suggested that “the abolition of the state of emergency was carried out with an American or European recommendation to open the door for more multinational companies to dominate infrastructure projects in Egypt, such as electricity, water, health, education, and transportation.”

Judicial feasibility
Among the most prominent observations recorded by the paper is that “Sisi did not take this step until after the complete storming of any sense of the independence of the judiciary and the complete end of domestication of the judiciary and absolute control over its joints from A to Z, whether through legislation or mechanisms of appointment, promotion and assuming positions.”
She pointed out that since July 3, 2013, the judiciary has become “the sword with which it cuts the throats of its opponents with unfair sentences and trials that lack the lowest standards of justice”, by “granting judges huge financial privileges and allocating unsupervised budgets.”
At the same time, she added, Sisi “extorted the powers of appointments of the heads of all judicial bodies to be in the hands of the executive authority, and put an end to the historical absolute seniority system.”
And she added that, “in contrast to the constitutional amendments in 2019, which granted Sisi broad powers that make him the first controller of the judicial authority. Therefore, there is no longer a big difference between exceptional and ordinary courts in Egypt.”
It concluded that the abolition of the emergency comes at a time when the Egyptian judiciary in general has become “exceptional or almost exceptional, completely dominated by the authority, and judgments may be dictated to judges who bow to authority in the hope of positions and privileges.”

The international community
The paper pointed out that the goal of the resolution is to “complete plans to improve the regime’s image before the international community, as was done during the announcement of the so-called National Human Rights Strategy, with the aim of obtaining more international aid on the one hand, or attracting some foreign investments on the other.”

The paper concluded that “the decision is a message to the outside rather than to the inside,” and that the decision “coincides with the prospects of Sisi meeting with US President Joe Biden and new projects for the European Union in Egypt.”
And she saw that the shining proof is the coup interior’s invitation to foreign diplomats to visit the Wadi al-Natrun prison complex to whitewash the coup page.


Source: بوابة الحرية والعدالة by fj-p.com.

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