EOHR demands the president of the Republic to cancel the amendment of the law on remand

September 29th, 2013 by Editor

EOHR expresses its deep concern about the presidential decree, amending some provisions of the Criminal Procedure Law promulgated by Law No. 150/1950 regarding remand and custody, which overruled the maximum term of detention; that is a maximum of two years. This is considered to be a flagrant encroachment upon the guarantees and rights of the accused to a fair and an equitable trial.

Chancellor, Adli Mansour, the interim President, has issued the decree of law No. 83/2013, amending some provisions of the Criminal Procedure Law promulgated by Law No. 150/1950, which states in Article (1) that “The text of the last paragraph of Article 143 of the Criminal Procedure Code should be replaced with the following text “: However, to the Court of Cassation and the Court of referral, if the verdict is the capital punishment (execution) or imprisonment, shall pass a verdict of holding the accused  in custody for 45 days, these days are renewable without being adhered to the periods stated in the preceding clause.”

In this regard EOHR stresses that this amendment is an assault on the guarantees and rights of the accused, which were stipulated by the international charters and agreements, and which emphasized the necessity to restrict pre-trial detention as a precautionary measure to ensure the integrity of the investigation and the operation of justice; as courts should resort to holding someone in custody  only when it’s necessary and in accordance to specific standards and regulations established by the law.

From his side, Hafez Abu Seada, president of EOHR, confirmed that holding the defendant in custody during the investigation is considered to be an infringement upon his/her freedom; as detaining someone is a punishment intended to restrict the freedom of the accused person, and imprisonment order should be made according to legal verdict after a fair trial where defending guarantees were provided for the accused. This is considered to be one of the origins of criminal trials, even it’s considered to be one of the human rights; as innocence is the humans’ nature. Hence, holding someone in custody is a legal procedure which is in conflict with the innocent nature of humans; therefore, it’s considered to be an important procedure that legislators should surround it with major guarantees. Also, prosecution should not resort to it except in urgent cases and a maximum duration should be set for putting someone in remand or this will be a violation to the guarantees of the defendants which are stipulated in international conventions on human rights.



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