Emergency law in Egypt: Difference between revisions

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|work=Edinburgh Middle East Report
|work=Edinburgh Middle East Report
|accessdate=2 April 2010
|accessdate=2 April 2010
}}{{registration required}}</ref> After a break of 18 months, a state of emergency was reimposed following the [[Assassination of Anwar Sadat|assassination]] of President [[Anwar Sadat]] in 1981,<ref name="wp-williams">{{cite news|url=http://www.washingtonpost.com/wp-dyn/content/article/2006/04/30/AR2006043001039.html|title=Egypt Extends 25-Year-Old Emergency Law|last=Williams|first=Daniel|work=The Washington Post|date=2006-04-30|accessdate=2011-01-29}}</ref> and was repeatedly extended every three years since 1981. The continuous state of emergency was one of the grievances of demonstrators giving raise to the [[Egyptian Revolution of 2011]]. After [[Hosni Mubarak]] was deposed, the state of emergency was withdrawn on 31 May 2012, two weeks before the second round of voting in [[Egyptian presidential election, 2012|Egypt's first presidential election]].
}}{{registration required}}</ref> After a break of 18 months, a state of emergency was reimposed following the [[Assassination of Anwar Sadat|assassination]] of President [[Anwar Sadat]] in 1981,<ref name="wp-williams">{{cite news|url=http://www.washingtonpost.com/wp-dyn/content/article/2006/04/30/AR2006043001039.html|title=Egypt Extends 25-Year-Old Emergency Law|last=Williams|first=Daniel|work=The Washington Post|date=2006-04-30|accessdate=2011-01-29}}</ref> and was repeatedly extended every three years since 1981.<ref name="eohr2008">{{cite web|last=Egyptian Organisation for Human Rights|title=Egypt and The Impact of 27 years of Emergency on Human Rights|url=http://en.eohr.org/2008/05/28/%E2%80%9Cegypt-and-the-impact-of-27-years-of-emergency-on-human-rights%E2%80%9D/#more-22|archiveurl=https://web.archive.org/web/20110129202417/http://en.eohr.org/2008/05/28/%E2%80%9Cegypt-and-the-impact-of-27-years-of-emergency-on-human-rights%E2%80%9D/#more-22|archivedate=29 January 2011|accessdate=29 January 2011|date=28 May 2008}}</ref> The continuous state of emergency was one of the grievances of demonstrators giving raise to the [[Egyptian Revolution of 2011]]. After [[Hosni Mubarak]] was deposed, the state of emergency was withdrawn on 31 May 2012, two weeks before the second round of voting in [[Egyptian presidential election, 2012|Egypt's first presidential election]].


==Details of the law==
==Details of the law==
During a state of emergency, police powers are extended, constitutional rights are suspended, and heavy [[censorship]] is enforced.<ref>{{cite book|title=In the guise of democracy: governance in contemporary Egypt|last=Kassem|first=May|publisher=Garnet & Ithaca Press|year=1999|pages=57–58}}</ref> The law prohibits all non-governmental political activity, street [[Demonstration (people)|demonstrations]] and non-approved political organizations, and unregistered financial donations can be formally banned. Some 17,000 people were detained under the law, and estimates of [[political prisoner]]s were as high as 30,000.<ref>{{cite news|url=http://weekly.ahram.org.eg/2005/759/eg8.htm|title=Enough is still enough|work=Al-Ahram Weekly|date=8 September 2005|accessdate=17 January 2014}}</ref><ref>{{cite web|author=R. Clemente Holder|url=http://www.washington-report.org/backissues/0794/9407060.htm|title=Egyptian Lawyer's Death Triggers Cairo Protests|publisher=Washington Report on Middle East Affairs|date=1994-08|accessdate=2011-01-26}}</ref>
During a state of emergency, police powers are extended, [[Constitution of Egypt|constitutional rights]] are suspended, censorship is legalised<ref>{{cite book|title=In the guise of democracy: governance in contemporary Egypt|last=Kassem|first=May|publisher=Garnet & Ithaca Press|year=1999|pages=57–58}}</ref><ref>{{cite web|url=http://conconflicts.ssrc.org/mideast/shehata/|title=Egypt After 9/11: Perceptions of the United States|date=26 March 2004|accessdate=30 January 2011|last=Shehata|first=Samer|work=Contemporary Conflicts|archiveurl=https://web.archive.org/web/20110304210613/http://conconflicts.ssrc.org/mideast/shehata/|archivedate=4 March 2011|deadurl=no}}</ref> and ''[[habeas corpus]]'' is abolished. It limits non-governmental political activity, including street [[Demonstration (people)|demonstrations]], unapproved political organizations and unregistered financial donations.<ref name="emerlaw" />

The Mubarak government has cited the threat of terrorism in extending emergency law,<ref name="eohr2008" /> claiming that opposition groups such as the [[Muslim Brotherhood in Egypt|Muslim Brotherhood]] could gain power in Egypt if the government did not forgo [[parliamentary elections]] and suppress the group through emergency law.<ref name="autogenerated2004">{{cite book|last=Caraley|first=Demetrios|title=American Hegemony: Preventive War, Iraq, and Imposing Democracy|publisher=[[Academy of Political Science]]|date=April 2004|isbn=1-884853-04-8}}</ref> This has led to the imprisonment of activists without trial,<ref name="Egyptian bloggers brave police intimidation">{{cite web|author=Choney, Suzanne|url=http://www.msnbc.msn.com/id/41285248/ns/technology_and_science-tech_and_gadgets/|title=Egyptian bloggers brave police intimidation|accessdate=28 January 2011|date=27 January 2011|publisher=[[MSNBC]]|archiveurl=https://web.archive.org/web/20110201041252/http://www.msnbc.msn.com/id/41285248/ns/technology_and_science-tech_and_gadgets/|archivedate=1 February 2011|deadurl=no}}</ref> illegal, undocumented and hidden detention facilities<ref name="Mayer">{{cite web|url=http://www.newyorker.com/archive/2006/10/30/061030ta_talk_mayer|title=The C.I.A.'s Travel Agent|date=30 October 2006|accessdate=28 January 2011|work=The New Yorker |author=Mayer, Jane|archiveurl=https://web.archive.org/web/20101229205146/http://www.newyorker.com/archive/2006/10/30/061030ta_talk_mayer|archivedate=29 December 2010|deadurl=no}}</ref> and the rejection of university, mosque and newspaper staff based on their political affiliation.<ref name="independents fight for hearts and minds">{{cite news|author=Shenker, Jack|url=http://www.guardian.co.uk/world/2010/nov/22/egypt-elections-muslim-brotherhood-ndp|title=Egyptian Elections: Independents Fight for Hearts and Minds in 'Fixed Ballot'|work=The Guardian |location=UK |date=22 November 2010|accessdate=28 January 2011|archiveurl=https://web.archive.org/web/20110128071057/http://www.guardian.co.uk/world/2010/nov/22/egypt-elections-muslim-brotherhood-ndp|archivedate=28 January 2011|deadurl=no}}</ref> A [[Egyptian parliamentary election, 2010|December 2010 parliamentary election]] was preceded by a media crackdown, arrests, candidate bans (particularly Muslim Brotherhood candidates) and allegations of fraud due to the near-unanimous victory by the NDP in parliament.<ref name="emerlaw" /> Human-rights organizations estimate that in 2010, between 5,000 and 10,000 people were in long-term detention without charge or trial.<ref>{{cite press release|publisher=[[Amnesty International]]|title=Egypt: Keep Promise to Free Detainees by End of June: Joint Statement|url=http://www.amnesty.org/en/library/info/MDE12/027/2010/en|date=29 June 2010|accessdate=4 February 2011}}</ref><ref name="Death Triggers Cairo Protests">{{cite web|author=Holder, R. Clemente|url=http://www.wrmea.org/wrmea-archives/156-washington-report-archives-1994-1999/july-august-1994/7540-human-rights.html|title=Egyptian Lawyer's Death Triggers Cairo Protests|work=[[Washington Report on Middle East Affairs]]|date=July–August 1994|accessdate=31 January 2011}}</ref> Some 17,000 people were detained under the law, and estimates of [[political prisoner]]s were as high as 30,000.<ref>{{cite news|url=http://weekly.ahram.org.eg/2005/759/eg8.htm|title=Enough is still enough|work=Al-Ahram Weekly|date=8 September 2005|accessdate=17 January 2014}}</ref><ref>{{cite web|author=R. Clemente Holder|url=http://www.washington-report.org/backissues/0794/9407060.htm|title=Egyptian Lawyer's Death Triggers Cairo Protests|publisher=Washington Report on Middle East Affairs|date=1994-08|accessdate=2011-01-26}}</ref>


Under a state of emergency, the government is empowered to imprison individuals for any period of time, and for virtually no reason. The government justified this by claiming that [[List of political parties in Egypt|opposition groups]] like the [[Muslim Brotherhood]] could come into power in Egypt if the then-current government did not forgo parliamentary elections, confiscate the groups' main financiers' possessions, and detain group figureheads, actions which would be virtually impossible without imposing emergency law and preventing the judicial system's independence.<ref>{{cite book|last=Caraley|first=Demetrios|title=American hegemony: preventive war, Iraq, and imposing democracy|publisher=Academy of Political Science|date=April 2004|isbn=1-884853-04-8}}</ref> Pro-democracy advocates in Egypt argued that this went against the principles of [[democracy]], which include a [[citizen]]'s [[right to a fair trial]] and their [[Suffrage|right to vote]] for whichever candidate and/or party they deem fit to run their country.
Under a state of emergency, the government is empowered to imprison individuals for any period of time, and for virtually no reason. The government justified this by claiming that [[List of political parties in Egypt|opposition groups]] like the [[Muslim Brotherhood]] could come into power in Egypt if the then-current government did not forgo parliamentary elections, confiscate the groups' main financiers' possessions, and detain group figureheads, actions which would be virtually impossible without imposing emergency law and preventing the judicial system's independence.<ref>{{cite book|last=Caraley|first=Demetrios|title=American hegemony: preventive war, Iraq, and imposing democracy|publisher=Academy of Political Science|date=April 2004|isbn=1-884853-04-8}}</ref> Pro-democracy advocates in Egypt argued that this went against the principles of [[democracy]], which include a [[citizen]]'s [[right to a fair trial]] and their [[Suffrage|right to vote]] for whichever candidate and/or party they deem fit to run their country.

Revision as of 10:58, 17 February 2015

An Emergency Law was first enacted in Egypt in 1958, as Law No. 162 of 1958.[1] A state of emergency was declared in 1967 during the 1967 Arab-Israeli War and lasted until 1980.[2] After a break of 18 months, a state of emergency was reimposed following the assassination of President Anwar Sadat in 1981,[3] and was repeatedly extended every three years since 1981.[4] The continuous state of emergency was one of the grievances of demonstrators giving raise to the Egyptian Revolution of 2011. After Hosni Mubarak was deposed, the state of emergency was withdrawn on 31 May 2012, two weeks before the second round of voting in Egypt's first presidential election.

Details of the law

During a state of emergency, police powers are extended, constitutional rights are suspended, censorship is legalised[5][6] and habeas corpus is abolished. It limits non-governmental political activity, including street demonstrations, unapproved political organizations and unregistered financial donations.[2]

The Mubarak government has cited the threat of terrorism in extending emergency law,[4] claiming that opposition groups such as the Muslim Brotherhood could gain power in Egypt if the government did not forgo parliamentary elections and suppress the group through emergency law.[7] This has led to the imprisonment of activists without trial,[8] illegal, undocumented and hidden detention facilities[9] and the rejection of university, mosque and newspaper staff based on their political affiliation.[10] A December 2010 parliamentary election was preceded by a media crackdown, arrests, candidate bans (particularly Muslim Brotherhood candidates) and allegations of fraud due to the near-unanimous victory by the NDP in parliament.[2] Human-rights organizations estimate that in 2010, between 5,000 and 10,000 people were in long-term detention without charge or trial.[11][12] Some 17,000 people were detained under the law, and estimates of political prisoners were as high as 30,000.[13][14]

Under a state of emergency, the government is empowered to imprison individuals for any period of time, and for virtually no reason. The government justified this by claiming that opposition groups like the Muslim Brotherhood could come into power in Egypt if the then-current government did not forgo parliamentary elections, confiscate the groups' main financiers' possessions, and detain group figureheads, actions which would be virtually impossible without imposing emergency law and preventing the judicial system's independence.[15] Pro-democracy advocates in Egypt argued that this went against the principles of democracy, which include a citizen's right to a fair trial and their right to vote for whichever candidate and/or party they deem fit to run their country.

Extensions

The Emergency Law has been continuously extended every three years since 1981. In 2006, President Hosni Mubarak promised reforms including repealing the emergency law, replacing it with other measures. However, he then renewed the Emergency Law.[3]

During the Egyptian Revolution of 2011, a key demand by the protestors was to end the state of emergency. While then President Mubarak indicated he would repeal the emergency law, this was considered unsatisfactory and protests continued. After Mubarak's resignation on 11 February 2011, the military claimed they would repeal the law when the streets finally clear of protesters.

However, in September 2011 the Supreme Council of the Armed Forces (SCAF) decided to amend a number of articles and add new ones to the emergency law, following the 2011 Cairo Israeli embassy attack.[16]

On 24 January 2012, Mohamed Hussein Tantawi gave a televised speech in which he announced that the state of emergency would be partially lifted the following day.[17]

The state of emergency, and with it the emergency law, expired 31 May 2012.[18] On 14 August 2013, the acting president of Egypt, Adly Mansour, after the Council of Minsters' approval, declared the state of emergency for one month. The decision followed acts of sabotage that resulted in dozens of deaths and hundreds of injuries.[19]

References

  1. ^ Law 1958/161 (Emergency Law) Template:Ar icon at EMERglobal Lex, part of the Edinburgh Middle East Report. Retrieved 2010-04-02.
  2. ^ a b c "Law 1958/162 (Emergency Law)". Edinburgh Middle East Report. Retrieved 2 April 2010.(registration required)
  3. ^ a b Williams, Daniel (2006-04-30). "Egypt Extends 25-Year-Old Emergency Law". The Washington Post. Retrieved 2011-01-29.
  4. ^ a b Egyptian Organisation for Human Rights (28 May 2008). "Egypt and The Impact of 27 years of Emergency on Human Rights". Archived from the original on 29 January 2011. Retrieved 29 January 2011.
  5. ^ Kassem, May (1999). In the guise of democracy: governance in contemporary Egypt. Garnet & Ithaca Press. pp. 57–58.
  6. ^ Shehata, Samer (26 March 2004). "Egypt After 9/11: Perceptions of the United States". Contemporary Conflicts. Archived from the original on 4 March 2011. Retrieved 30 January 2011. {{cite web}}: Unknown parameter |deadurl= ignored (|url-status= suggested) (help)
  7. ^ Caraley, Demetrios (April 2004). American Hegemony: Preventive War, Iraq, and Imposing Democracy. Academy of Political Science. ISBN 1-884853-04-8.
  8. ^ Choney, Suzanne (27 January 2011). "Egyptian bloggers brave police intimidation". MSNBC. Archived from the original on 1 February 2011. Retrieved 28 January 2011. {{cite web}}: Unknown parameter |deadurl= ignored (|url-status= suggested) (help)
  9. ^ Mayer, Jane (30 October 2006). "The C.I.A.'s Travel Agent". The New Yorker. Archived from the original on 29 December 2010. Retrieved 28 January 2011. {{cite web}}: Unknown parameter |deadurl= ignored (|url-status= suggested) (help)
  10. ^ Shenker, Jack (22 November 2010). "Egyptian Elections: Independents Fight for Hearts and Minds in 'Fixed Ballot'". The Guardian. UK. Archived from the original on 28 January 2011. Retrieved 28 January 2011. {{cite news}}: Unknown parameter |deadurl= ignored (|url-status= suggested) (help)
  11. ^ "Egypt: Keep Promise to Free Detainees by End of June: Joint Statement" (Press release). Amnesty International. 29 June 2010. Retrieved 4 February 2011.
  12. ^ Holder, R. Clemente (July–August 1994). "Egyptian Lawyer's Death Triggers Cairo Protests". Washington Report on Middle East Affairs. Retrieved 31 January 2011.
  13. ^ "Enough is still enough". Al-Ahram Weekly. 8 September 2005. Retrieved 17 January 2014.
  14. ^ R. Clemente Holder (1994-08). "Egyptian Lawyer's Death Triggers Cairo Protests". Washington Report on Middle East Affairs. Retrieved 2011-01-26. {{cite web}}: Check date values in: |date= (help)
  15. ^ Caraley, Demetrios (April 2004). American hegemony: preventive war, Iraq, and imposing democracy. Academy of Political Science. ISBN 1-884853-04-8.
  16. ^ "Legal experts say amending, extending emergency law illegal". Daily News Egypt. 12 September 2011. Archived from the original on 2011-11-22. Retrieved 17 January 2014.
  17. ^ "Egypt's ruling generals to partially lift emergency law". BBC. 24 January 2012. Retrieved 17 January 2014.
  18. ^ CNN Wire Staff (31 May 2012). "Egypt lifts unpopular emergency law". CNN. Retrieved 17 January 2014. {{cite web}}: |author= has generic name (help)
  19. ^ "Egypt declares state of emergency". Al Jazeera English. 14 August 2013. Retrieved 17 January 2014.
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