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In 1914, when Egypt was moaning under the Ottoman empire the emergency laws began to appear at that time the Waly was the one responsible for the legislation in Egypt. ... However, as time passed by, a noticeable evolution in the appearance of emergency laws palpably affected the public. ... However the new marital law (No 15 of 1923) set forth the following conditions involving the use of martial law:
“The right to issue marital law was based on establishing threats to security and public order, including an external enemy or because of internal strife” and “the situation of securing the Egyptian army and guaranteeing supply to the armies’ movements and army work outside the kingdom of Egypt. In law no 73 of 1948, the right of issuing marital laws was provided for in the case of a defensive war. Article 3 of Law 73 included many arrangements that the government was permitted to make during the time of marital law, some of which placed restrictions public freedoms and the rights of the individual” (EOHR1-pg: 2). ... In 1958 the current emergency law was introduced following the constitution of 1953. Since the late President Sadat’s assassination in 1981 the state of emergency has been enforced in Egypt, remaining in existence continuously for over twenty years, notwithstanding the fact that this law is mainly intended to apply exclusively as an exceptional measure.
The emergency law allocates extraordinary powers to the executive authorities of the countries with the aim of confronting national authorities. Far from extraordinary, states of emergency have been the norm in Egypt. Since World War II, a state of emergency has nearly been in continuous effect. Under this law, a military governor,, typically the Prime Minister, can issue military decrees covering an extensive range of issues under a loose "security" justification. In essence, the Egyptian Organization For Human Rights viewed the law which has been due to expire in May 2003 as the principal vehicle for violation of the human rights in the country. This paper attempts to explain and clarify that the Emergency Law represents a major obstacle in implementing Human Rights Principles in Egypt and that an end should be set to the declared state of emergency in Egypt.
The emergency law provides that “whenever public security or public order is endangered, whether by the threat or actuality of war, internal disturbances or by natural disasters, a state of emergency could be declared. ... The new Emergency law has markedly broadened the range of cases in respect of which a state of emergency could be declared, although the Martial law (No 15 of 1923) confined the declaration of emergency to two conditions , namely: invasion and internal disturbances (Emergency 1: pg 3). The authorities are vested by the current emergency law with multiple exceptional powers. Article 3 of the emergency law provides that the President may impose limits on individuals’ freedom in order to take appropriate measures visualizing the maintenance of security and public order by imposing restrictions on individuals’ freedom of traveling, holding meetings and residing in defined places ( Law no. ... Under Emergency legislation, the state security authorities can hold people in detention without official charges for prolonged periods. This shows that the emergency law has been violating a number of constitutional guarantees such as: “individuals’ freedom (article-41), the sanctity of the house (article 42), freedom of residence and travel (article 50) and freedom of association and gathering (article 54)” (Emergency 1: pg 5). In addition, These restrictions actually represent a violation of the International Covenant on Civil and Political Rights to which Egypt is a party which comprise, for instance, “the right to personal freedom (Article 29), freedoms of residence and transportation (Article 12), the sanctity of privacy (Article 17), and the right to peaceful assembly (Article 21)” (Emergency 1: pg 6). Article 2 of the Emergency Law grants the military ruler the authority to censor any publications of letters and magazines. ... " Indeed, the freedom of expression is restricted under the Emergency Law. The freedom to express one’s own opinion as well as the freedom of press, media or publication are also limited by the Emergency law. ... It turns out that, contrary to the Emergency law, the Egyptian Constitution (Article 47) guarantees the freedom of opinion and expression. Yet, it goes without saying that abolishing, intimidating, or suspending a newspaper is prohibited according to the law and the Constitution, (Article 208).
Additionally, article (49) of the Egyptian Constitution provides that censorship is limited during a state of emergency or war to matters connected with public safety or national security according to the law. ... It shall interpret the trend of public opinion…the safeguard of the liberties, rights and public duties and respect for the sanctity of the private lives of citizens, as stipulated in the Constitution and defined by law” (Article 207).
Approximate Word count = 3976
Approximate Pages = 15.9
(250 words per page double spaced)
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