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Press release
Cairo:9/3/2003
The committee for the defense for human rights (CDD)
Emergency
laws oppress the country and the lives of citizens
Together we shall put an end to the
chronic state of emergency
In a sudden, unexpected move, on the morning of Sunday the 23rd of
February 2003, the Egyptian government hastened to present a proposal
to the Egyptian parliament suggesting to extend the state of
emergency, more than two months before the end of the previous
three-year extension which should end on the 31st of May 2003. As
usual the majority of the parliament, consistent of members of the
ruling National Democratic Party, agreed to the extension on the same
day. 30 MPs among whom are independent members and members of El
Tagamu'u (the leftist party), El Wafd and the Moslem Brotherhood
objected to the extension. The government has thereby ensured the
maintenance of the emergency state for another three years, starting
from the beginning of next June.
This sudden move on part of the government targets to block the
campaign launched by the Committee for the Defense of Democracy* (CDD)
to put an end to the emergency state. The campaign was successful in
collecting thousands of signatures on a petition refusing the renewal
of the emergency state, which CDD has planned to submit to parliament
on the 9th of March 2003. The government obviously wanted to block the
expansion of the campaign and to restrict the anti-emergency-state
movement.
CDD wishes to stress that the extension of the emergency state will
not stop the implementation of its plans, foremost the mobilization of
all Egyptian democratic and national groups to establish, protect and
ensure a democratic society. The committee believes that there is no
choice in front of the active democratic forces in society other than
to persist, starting now, in launching a long-term and escalating
campaign against the emergency laws, which have ruled the country for
about 25 years. The campaign will be a long and tough one, using
different means to win back the rights of Egyptian citizens,
confiscated for long by the emergency laws.
In its rationalization for the extension the emergency state, the
government continues to use its previous and usual arguments to
legitimize the extension of the emergency laws, saying that they were
meant to control terrorism and drugs. They repeatedly stated that
emergency laws are not used to control freedom of opinion and
expression. The weakness of such arguments are evident in the
government's reluctance to publish accurate statistics regarding the
number of cases processed by high and partial state security emergency
courts in all parts of the country since the enactment of the
emergency laws in October 1981. They also fail to disclose:
- the number of people presenting in front of those courts, the
nature of their charges and their classification according to the
court rulings;
- The number of citizens detained according to emergency laws since
1981, their classification according to reason and duration of
detention, and the number of renewals of detention orders for many of
them.
- The number of civilians referred to military courts by emergency
laws and the nature of their charges.
CDD calls on the government, especially the Ministries of Justice and
Interior to disclose those figures to public opinion.
Other than the information withheld by the government from public
opinion and from parliament, we recognize that the military orders
issued by the government of the National Democratic party replies to
the claim that emergency laws are used only in cases of terrorism and
drug cases. The president of the republic, in his capacity as military
ruler, issued decree no. 1 for the year 1981 to refer some crimes to
the State Security emergency courts. This decree is still valid until
now. The decree involves a long list of crimes that the general
prosecution has to refer to state security emergency prosecution,
established according to emergency laws. Most of those crimes cannot
be described as terrorist or drug crimes. Some of those crimes are the
following: calling by word of mouth or by writing or by any other
means for the impediment of any provision of the constitution or laws;
possession of written material that calls for or favors the previous
actions; deliberate dissemination of news, statements, faulty or
ill-motivated rumors or agitating news if the objective thereof is to
disturb public order, induce fear in people, or causing harm to public
interest OR possession or development of publications that contain any
of the previous crimes; the many "crimes" associated with the press,
public meetings, demonstrations, maintenance of order in educational
institutions, laws regulating political parties, laws governing food
provisions, price setting and setting profit.
The practical implementation of emergency laws has disclosed the
reality of those arguments: Emergency laws have restricted the freedom
of parties to hold their conferences and popular meetings in an
attempt to restrict party activity within their headquarters away from
the people. The number of detainees under emergency laws has reached
an approximate figure of 16 thousand citizens. The weapon of detention
has not been restricted to whom the government calls terrorists and
drug dealers, but was extended to all political groups, where the
numbers increase with every political or social conflict in the
country: during the preparations for parliamentary elections
representatives and deputies of opposition candidates are subject to
seasonal arrests. In the nineties, during the heated debate over the
legislation governing the relationship between landowners and farmers
detentions did not only hit the farmers harmed by that legislation but
also a number of political activists from different trends, who have
expressed their solidarity with those poor farmers. Recently
detentions hit a number of citizens protesting the expected American
aggression against the Iraqi people and those supporting the struggle
of the Palestinians for their legitimate rights to of survival and
self determination. As to alleged "terrorists", several of them have
been subject to repeated detention since 1993 until now, i.e. for a
continuous decade without ever being presented to court to decide
regarding their charges.
Under emergency laws:
- 1117 citizens, in 36 court cases, have been referred to military
courts.
- 85 of them have received the death penalty in the period 1992 -
2002.
- 20 journalists have been taken to court.
According to figures of the Egyptian Organization for Human Rights,
during the same period of time:
- 47 peaceful demonstrations have been blocked.
- 418560 cases have been made against citizens in relation to
construction issues.
That is, about half a million citizen have been harmed by the
emergency laws in nothing close to terrorism or drugs.
The emergency laws have become the rule. The exception has become the
rule. The social price paid by Egyptian society for such extension is
extremely high and unacceptable. The mildest aspect of such a price is
the decline in the efficiency of state apparatuses, foremost those
supposedly responsible for the implementation of law (the police).
Consequently torture is widespread. Also the performance of the
government apparatuses has declined and emergency laws continue to
intimidate and dehumanize the youth of the nation, continuously
threatened of being suspected and arrested. There is hardly an
Egyptian youth who has not been maltreated when stopped or questioned
by the police.
CDD calls on all political, democratic and national groups to join
forces in the campaign of the committee to put an end to the state of
emergency, especially that such extension lack all constitutional
base.

* The Committee for the defense of Democracy is
formed of members of El Tagamu'u party, El Wafd, the Nasserite party,
the Egyptian Communist party, the Egyptian Organization for Human
rights, Center for Trade Union and Workers Services, El Nadim Center
fo rthe Rehabilitation of Victims of Violence, Human Rights Center for
Prisoners and the Hisham Mubarak Law Center.
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