EOHR calls SCAF to refrain endorsement of the new code for political rights

April 15th, 2012 by Editor

The Egyptian Organization for Human Rights (EOHR) denounces the amendment of the political rights’ code, approved by the parliament on April 12, 2012. The amendment does not comply with the constitutional declaration, issued after the Egyptian revolution.

The parliament approved adding a new item to article 3 of law no. 73, year 1956, in order to deprive the senior officials who worked at the presidential office, cabinet or the dismantled National Democratic Party from 10 years before February 11, 2011, from practicing their political rights for 10 years.

According to article 2 of law no. 73, year 1956, those who are banned from practicing their political rights include:

1- Criminals who were given court sentences

2- Those who received court confiscation decisions

3- Those who were charged with robbery, fraud, bribing, forgery or using forged documents, raping, harassment, escaping military services or corrupting young people’s life

4- Those who came under any liberty deprivation punishments according to articles 41 to 51 of the abovementioned law

5- Those who were fired from any governmental authorities, from less than 5 years, will be banned from their political rights

So, after reviewing the political rights’ code, we find that the deprivation or even suspension of practicing the political rights must be based on a court decision. This means that the latest amendments on the code are not legal.

Article 56 of the constitutional declaration gave the right of laws’ endorsement to the SCAF, but it did not mention the right of refusing laws and methods of refusal. However, the constitution of 1971, article 113, stated that the Egyptian president can refuse a new law, approved by the parliament, in 30 days, after receiving the draft law. If the parliament gets no reply in 30 days, the law is enacted.

The High Commission for Elections has already accepted the applications of the presidential candidates in March 2012. So, a new law issued in April 2012 cannot deprive those presidential candidates from their political rights. The constitutional declaration, article 26, states that a presidential candidate must enjoy full political rights. This means, the new law must be submitted to the Supreme Constitutional Court for approval.

The amendments of the political rights’ code do not comply with the international standards of human rights and the International convention for Civil and Political Rights, signed by the Egyptian government in 1983. So, EOHR calls SCAF to refrain endorsement of the new code for political rights. The amended article must mention that the deprivation from enjoying political rights must be based on a court decision.

This entry was posted on Sunday, April 15th, 2012 at 4:06 pm and is filed under Statements. You can follow any responses to this entry through the RSS 2.0 feed. You can skip to the end and leave a response. Pinging is currently not allowed.

Leave a Reply

You must be logged in to post a comment.