The abolition of “emergency” paves the way for civilians to be subjected to military trials – Freedom and Justice Portal

A research paper concluded that the abolition of the emergency law is merely a prelude to subjecting civilians to military trials, and then replacing police courts with military courts.
The paper published by the political street website entitled “Stopping the Extension of the State of Emergency in Egypt.. Motives, Repercussions and Reactions” indicated that the attitudes and reactions of the political street, both those who welcomed with caution, Sisi’s decision to stop extending the state of emergency and those who questioned the feasibility of the decision, reflect a state of Lack of confidence in the ruling regime in Egypt, whether from those who welcomed the decision on the principle of encouraging the regime to take more reform steps, or from those who saw the decision as useless and merely propaganda and a mock response to Western pressures.

Flawed arsenal of laws
The paper added that the decision will have a limited impact on human rights and the political sphere in Egypt, especially with the existence of an arsenal of legislation that compensates for the absence of a state of emergency, most notably the Anti-Terrorism Law No. 94 of 2015, Law No. 8 of 2015 regulating lists of terrorist entities and terrorists, and Resolution By Law No. 136 of 2014, regarding securing public and vital facilities, which legalized the appearance of civilians before military trials.
The paper considered that the military parliament’s final approval of the draft law amending some articles of the Public Facilities Protection Law, and the amendments included the jurisdiction of the military judiciary to consider all cases based on this law, on a permanent basis, and not the ordinary judiciary nor the Public Prosecution, after approving the participation of the armed forces of the police force, in a manner Permanent, in the protection of public facilities such as; Permanent stations, networks, power towers, gas lines, oil fields, railways, road networks, bridges, etc.

After the emergency law was abolished and replaced by at least two legal amendments and a third issuance for public facilities, the reactions within the human rights movement varied. jurists praised the decision; Walking with the principle of encouraging the regime to take more reform steps, as the Egyptian Initiative for Personal Rights considered in a statement that lifting the state of emergency is a positive step awaiting the dismantling of the repressive legislative structure and the release of tens of thousands of prisoners. Others considered that the decision will not have an impact on the human rights situation. In the country, and that the exceptional powers that the emergency law granted to the executive authorities were transferred to other laws that are still in force and their application does not require declaring a state of emergency, such as the Anti-Terrorism Law and the Terrorist Entities Law.

releasing detainees
Jurists said, “The failure to release prisoners of conscience and anyone who has exceeded the period of pretrial detention means that the decision to stop extending the emergency is just a formality, and in this context, a paper issued by the Arab Network for Human Rights Information concluded that stopping the emergency law will not lead to a democratic space or Protecting human rights from grave violations at the hands of the security services, and the paper considered that the step to cancel the extension of the state of emergency is taking place.
It is the same conclusion adopted by the Association for Freedom of Thought and Expression, the Cairo Center for Human Rights Studies, the Egyptian Front for Human Rights, the Arab Network for Human Rights Information, the Committee for Justice, the El Nadim Center, the Freedom Initiative, the Egyptian Commission for Rights and Freedoms.

Funnel and smoke bomb
And it quoted jurists as saying that “the abolition of the extension of the state of emergency remains a formal matter as long as oppression and tyranny remain, and ignoring the application of the law and resorting to it, and that the oppression of the innocent will remain oppression, regardless of the details of the repression procedures. All arrests of opponents, confiscations, travel bans and all repressive measures in Egypt are signed by The judiciary and the prosecution have nothing to do with the state of emergency, and enforced disappearances and assassinations have nothing to do with the emergency or with the law at all.”
It quoted others as saying that “the ceremonial declaration of lifting the state of emergency is a smoke bomb to cover up the widespread violations of human rights, and a message for external marketing, and nothing else.”

Islamists and liberals
The paper considered that the Islamic and revolutionary forces abroad; I viewed the decision to stop the extension of the emergency as a prelude to reconciliation between the Egyptian regime and the Islamists. On the other hand, there are those who saw that canceling the state of emergency does not mean reconciliation and the release of prisoners, and that there is no reconciliation during the era of the coup regime, while others spoke that the state of emergency will end after weeks. And back again with terrorist operations.
As for the parties of the Civil Democratic Movement, they considered, in a statement to the movement, that ending the state of emergency is a positive step that must be completed by releasing peaceful opponents, amending pretrial detention laws, repealing exceptional laws and measures, and opening the public sphere.

Source: بوابة الحرية والعدالة by

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