Human Rights Watch slams bill to deny witness testimony in Egyptian courts

Leading NGO Human Rights Watch has called on Egyptian President Abdel Fattah Al-Sisi to reject a new law that would allow judges to overlook witness testimony in court. Last month, it was revealed that the Egyptian cabinet approved a draft law amending criminal procedure code articles 277 and 289, allowing judges to have sole authority on whether or not to summon witnesses to testify.

If made law, this would allow judges to overrule the right of defence lawyers to call witnesses. However, the full text of the proposed amendments has yet to be made public.

The amendments were proposed by the Supreme Committee for Legislative Reform (SCLR), comprised of senior officials, judges, lawyers and religious leaders. Al-Sisi established the committee to draft new legislation soon after ousting the freely-elected president in June 2013.

“The proposed changes to Egypt’s courtroom rules would endanger a core element of a fair trial, the defendant’s right to confront the evidence against them in court,” said Sarah Leah Whitson, Middle East and North Africa director at HRW in a statement. “Egypt’s government should clearly and publicly renounce the proposed changes without delay.”

If Egypt passes the amendments it would appear to violate the International Covenant on Civil and Political Rights, of which the state is a signatory. The covenant guarantees a right of defence to any individual facing a criminal trial, including the testimony of witnesses.

Egyptian media reported that the State Council, a judicial body constitutionally empowered by Al-Sisi to review and advise the state on draft laws before they are enacted, has criticised the amendments as unconstitutional. Recently, however, many of the council’s recommendations have been disregarded by the president, said Whitson. “Given that parliament has been dissolved, it is particularly important for the Egyptian government to consult the State Council before making any changes to the criminal procedure code, and listen to its recommendations.” Egypt, she added, is obliged under international human rights law to protect the right to a fair trial.

HRW describes Egypt’s legal environment, since the ouster of President Mohamed Morsi, as Al-Sisi issuing “laws by decree and without the scrutiny of parliament”. The upper chamber, the Shura Council, was dissolved following the coup against Morsi.

The new laws issued by former Interim President Adly Mansour and Al-Sisi restrict peaceful protests, extend the power of military courts to try civilians, and allow the indefinite detention of defendants on remand if they are accused of offences that may end with life sentences or the death penalty.