The Egyptian Organization for Human Rights (EOHR) calls for the abolishment of the ministry of justice’s draft-law on showing the demonstrations’ misdemeanor in the criminal record

August 11th, 2016 by Editor

The Egyptian Organization for Human Rights (EOHR) calls for the abolishment of the ministry of justice’s draft-law on showing the demonstrations’ misdemeanor in the criminal record.

The Egyptian Organization for Human Rights expresses its deep concern towards the draft-law of the ministry of justice that was issued to modify the minister’s decision on the department of precedents which resulted in showing the issued sentences of Terrorism, Demonstrations and peaceful assemble in the criminal record[1] of the citizens who committed those misdemeanors.

Consequently, the first Article of the mentioned decision will be modified by adding 4 types of misdemeanors to be sent to the department of precedents at the Criminal Investigation office and registered in the finger printed (criminal record) of the Citizens did those Precedents. Those 4 types are: the crimes were stated in chapter 1/2/3bis of the Egyptian penal code and the crimes were mentioned in the Freedom of Assembly and Public Demonstration Act Article 10/1915 and the crimes mentioned in Article 107/2013 of the demonstration law. This misdemeanor will be mentioned in the citizens’ criminal record under the number (19-22) beside the other 18 which are sent to the department of precedents by the public persecution  such as the precedents of killing Animals , Women Harassment, Robbery, swindling and Manslaughter and etc. Those 22 precedents are supposed to be sent to the department of precedents under the proposed draft-law of the ministry of justice. In the past, the public prosecution was supposed to send the criminal records which included all the felonies and misdemeanors with sentences of 1 or more year in jail were committed.

Accordingly, EOHR believes that proposed draft-law includes the amendment of the Article no. 14 of the minister’s decision on providing the felonies and misdemeanors were committed by the citizen in his criminal record which tend to terrify the citizen for not to go out or participate in any demonstration which means repressing the right to peaceful Assembly and demonstration guaranteed under the international covenants on human rights and the Egyptian constitution.

On his Part, Hafez Abu Seada – President of EOHR – confirmed that the right to peaceful demonstration is guaranteed under the international covenants on human rights and he added that this decision was refused by the civil society’s political and societal actors so instead of the Abolishment of this decision it was amended by adding 4 types of misdemeanors.

Moreover, Abu Seada confirmed that by this way the demonstration’s sanction will be considered as one of the criminal offences against honour and reputation which is very dangerous and the Egyptian government should abolish this decision because it’s consistent with the constitution and the international covenants on human rights.

 



[1] Once the finger-print showed that a certain citizen committed the mentioned-above misdemeanors that restricting him from nominating himself for any local elections or acceding to any governmental posts.

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