Emergency law in Egypt
{{Short description|State of emergency in Egypt}}
{{Use dmy dates|date=December 2023}}
In Egypt, the emergency law (Law No. 162/1958) details the governance and declaration mechanisms of a state of emergency.
During a state of emergency, government and police powers are extended, constitutional rights are suspended, censorship is legalised and habeas corpus is abolished.{{cite book |last=Kassem |first=May |title=In the guise of democracy: governance in contemporary Egypt |publisher=Garnet & Ithaca Press |year=1999 |pages=57–58}}{{cite web |last=Shehata |first=Samer |date=26 March 2004 |title=Egypt After 9/11: Perceptions of the United States |url=http://conconflicts.ssrc.org/mideast/shehata/ |url-status=dead |archive-url=https://web.archive.org/web/20060715211012/http://conconflicts.ssrc.org/mideast/shehata/ |archive-date=15 July 2006 |access-date=30 January 2011 |work=Contemporary Conflicts}}{{Cite web |title=Law 162 of 1958 Emergency Law |url=https://www.alkarama.org/sites/default/files/2016-12/Law%20162%20of%201958%20Emergency%20Law%20%28AR%29.pdf |access-date=2023-12-02 |language=ar}} Non-governmental political activity and freedom of movement is restricted, including street demonstrations, unapproved political organizations and unregistered financial donations. A special court is also established to overview crimes subject to its jurisdiction.{{cite web |title=Law 1958/162 (Emergency Law) |url=http://www.emerglobal.com/lex/law-1958-162 |access-date=2 April 2010 |work=Edinburgh Middle East Report}}{{registration required}}{{Cite journal |last=Ellaboudy |first=Ahmed |date=2020-05-19 |title=Emergency Law Amendments to Fight Covid-19 in Egypt: Putting the Poison in the Honey |url=https://verfassungsblog.de/emergency-law-amendments-to-fight-covid-19-in-egypt-putting-the-poison-in-the-honey/ |journal=Verfassungsblog |doi=10.17176/20200519-133749-0 |access-date=2023-12-02}} The emergency law permits indefinite detention without trial and hearings of civilians by military courts, prohibits gatherings of more than five people, and limits speech and association.{{cite news |last=Williams |first=Daniel |date=2006-04-30 |title=Egypt Extends 25-Year-Old Emergency Law |url=https://www.washingtonpost.com/wp-dyn/content/article/2006/04/30/AR2006043001039.html |access-date=2011-01-29 |newspaper=The Washington Post}} The government is empowered to imprison individuals for any period of time, and for virtually no reason.
Pro-democracy advocates in Egypt argued that the long-running states of emergency in Egypt go against the principles of democracy, which include a citizen's right to a fair trial and their right to vote.
Timeline
A state of emergency was first declared by Gamal Abdel Nasser during the 1956 Suez Crisis, before being lifted in 1964. During this period, a permanent emergency law was drafted in 1958, and was enacted for the first time during the 1967 Six-Day War, remaining in force until it was lifted by President Anwar Sadat on 15 May 1980.{{Cite journal |last=Mohy El Deen |first=Sherif |date=2017-08-10 |title=Egypt's Unexceptional State of Emergency |url=https://www.arab-reform.net/publication/egypts-unexceptional-state-of-emergency/ |journal=Arab Reform Initiative |language=en |access-date=2023-12-09}}
After an 18-month lapse, a new state of emergency was declared immediately following the assassination of Sadat in 1981,{{Cite news |last=MacManus |first=James |date=2010-10-07 |title=From the archive, 7 October 1981: President Sadat assassinated at army parade |url=https://www.theguardian.com/theguardian/2010/oct/07/archive-president-sadat-assassinated |access-date=2025-04-22 |work=The Guardian |language=en-GB |issn=0261-3077}} and was repeatedly extended every three years under President Hosni Mubarak.{{cite web |last=Egyptian Organisation for Human Rights |date=28 May 2008 |title=Egypt and The Impact of 27 years of Emergency on Human Rights |url=http://en.eohr.org/2008/05/28/%E2%80%9Cegypt-and-the-impact-of-27-years-of-emergency-on-human-rights%E2%80%9D/#more-22 |archive-url=https://web.archive.org/web/20110129202417/http://en.eohr.org/2008/05/28/%E2%80%9Cegypt-and-the-impact-of-27-years-of-emergency-on-human-rights%E2%80%9D/#more-22 |archive-date=29 January 2011 |access-date=29 January 2011}} The legislation was extended in 2003 and was due to expire on 31 May 2006. In 2006, the Emergency Law was extended by two years though Mubarak had previously promised reforms including the repeal of the law to replace it with other measures, such as specific anti-terrorism legislation. The extension was justified by the Dahab bombings in April of that year.Simon Apiku. Egypt to lift 25-year-old emergency laws. Middle East On-line, 23 March 2006.{{cite web|url=http://www.middle-east-online.com/english/egypt/?id%3D16072 |title=Middle East Online |access-date=2006-04-16 |url-status=dead |archive-url=https://web.archive.org/web/20060824203620/http://www.middle-east-online.com/english/egypt/?id=16072 |archive-date=2006-08-24 }}Joelle Bassoul. Egypt renews state of emergency for two years. Middle East On-line, 1 May 2005. [http://www.middle-east-online.com/english/?id=16348] {{Webarchive|url=https://web.archive.org/web/20150218005629/http://www.middle-east-online.com/english/?id=16348|date=2015-02-18}} In May 2008 there was a further extension to June 2010,Adam Morrow and Khaled Moussa al-Omrani. EGYPT: Despair Over Two More Years of Martial Law.Inter Press Service News Agency. {{cite web|url=http://ipsnews.net/news.asp?idnews%3D42617 |title=EGYPT: Despair over Two More Years of Martial Law |access-date=2009-06-20 |url-status=dead |archive-url=https://web.archive.org/web/20090518164448/http://www.ipsnews.net/news.asp?idnews=42617 |archive-date=2009-05-18 }} and again two years later to 2012, albeit with the government saying that it would be applied only to "terrorism and drug trafficking" suspects.{{Cite news |last=Slackman |first=Michael |date=2010-05-12 |title=Egyptian Emergency Law Is Extended for 2 Years |url=https://www.nytimes.com/2010/05/12/world/middleeast/12egypt.html |access-date=2024-01-31 |work=The New York Times |language=en-US |issn=0362-4331}}
Mubarak's administration had cited the threat of terrorism in extending the state of emergency, claiming that opposition groups like the Muslim Brotherhood could come into power if the government did not forgo parliamentary elections, confiscate the groups' main financiers' possessions, and detain group figureheads, actions which would be virtually impossible without imposing emergency law and preventing the judicial system's independence.{{cite book |last=Caraley |first=Demetrios |url=https://archive.org/details/americanhegemony00cara |title=American Hegemony: Preventive War, Iraq, and Imposing Democracy |date=April 2004 |publisher=Academy of Political Science |isbn=1-884853-04-8 |url-access=registration}} This has led to the imprisonment of activists without trial,{{cite web |author=Choney, Suzanne |date=27 January 2011 |title=Egyptian bloggers brave police intimidation |url=https://www.nbcnews.com/id/wbna41285248 |access-date=28 January 2011 |work=NBC News}} illegal, undocumented and hidden detention facilities{{cite magazine |author=Mayer, Jane |date=30 October 2006 |title=The C.I.A.'s Travel Agent |url=http://www.newyorker.com/archive/2006/10/30/061030ta_talk_mayer |url-status=live |magazine=The New Yorker |archive-url=https://web.archive.org/web/20101229205146/http://www.newyorker.com/archive/2006/10/30/061030ta_talk_mayer |archive-date=29 December 2010 |access-date=28 January 2011}} and the rejection of university, mosque and newspaper staff based on their political affiliation.{{cite news |author=Shenker, Jack |date=22 November 2010 |title=Egyptian Elections: Independents Fight for Hearts and Minds in 'Fixed Ballot' |work=The Guardian |location=UK |url=https://www.theguardian.com/world/2010/nov/22/egypt-elections-muslim-brotherhood-ndp |url-status=live |access-date=28 January 2011 |archive-url=https://web.archive.org/web/20110128071057/http://www.guardian.co.uk/world/2010/nov/22/egypt-elections-muslim-brotherhood-ndp |archive-date=28 January 2011}} Human rights organizations estimated that in 2010, between 5,000 and 10,000 people were in long-term detention without charge or trial.{{cite press release |publisher=Amnesty International |title=Egypt: Keep Promise to Free Detainees by End of June: Joint Statement |url=https://www.amnesty.org/en/library/info/MDE12/027/2010/en |date=29 June 2010 |access-date=4 February 2011}}{{cite web |author=Holder, R. Clemente |date=July–August 1994 |title=Egyptian Lawyer's Death Triggers Cairo Protests |url=http://www.wrmea.org/wrmea-archives/156-washington-report-archives-1994-1999/july-august-1994/7540-human-rights.html |access-date=31 January 2011 |work=Washington Report on Middle East Affairs}} Some 17,000 people were detained under the law, and estimates of political prisoners were as high as 30,000.{{cite news |date=8 September 2005 |title=Enough is still enough |work=Al-Ahram Weekly |url=http://weekly.ahram.org.eg/2005/759/eg8.htm |url-status=dead |access-date=17 January 2014 |archive-url=https://web.archive.org/web/20140919181012/http://weekly.ahram.org.eg/2005/759/eg8.htm |archive-date=19 September 2014}}{{cite web |author=R. Clemente Holder |date=August 1994 |title=Egyptian Lawyer's Death Triggers Cairo Protests |url=http://www.washington-report.org/backissues/0794/9407060.htm |access-date=2011-01-26 |publisher=Washington Report on Middle East Affairs}}
During the 2011 Egyptian revolution, key demands by protesters included an end to the state of emergency. While Mubarak indicated he would repeal the emergency law, this was considered unsatisfactory and protests continued. After Mubarak resigned on 11 February 2011, power passed to the Supreme Council of the Armed Forces (SCAF) which stated that the law would be repealed when the streets finally clear of protesters. Instead, in September 2011, the SCAF amended a number of articles and added new ones to the emergency law, following the attack on the Israeli embassy in Cairo.{{cite news|url=http://www.thedailynewsegypt.com/egypt/legal-experts-say-amending-extending-emergency-law-illegal.html|archive-url=https://web.archive.org/web/20111122123624/http://www.thedailynewsegypt.com/egypt/legal-experts-say-amending-extending-emergency-law-illegal.html|archive-date=2011-11-22|title=Legal experts say amending, extending emergency law illegal|work=Daily News Egypt|date=12 September 2011|access-date=17 January 2014}} On 24 January 2012, Muhammad Hussein Tantawy gave a televised speech in which he announced that the state of emergency would be partially lifted the following day.{{cite news|url=https://www.bbc.co.uk/news/world-middle-east-16704551|title=Egypt's ruling generals to partially lift emergency law|work=BBC|date=24 January 2012|access-date=17 January 2014}} The state of emergency expired on 31 May 2012, two weeks before the second round of voting in Egypt's 2012 presidential election and after nearly a 31-year period in force.{{cite web |last=Othman |first=Dalia |date=31 May 2012 |title=State of emergency ends, military council says will not renew |url=http://www.egyptindependent.com/news/military-council-says-no-extension-emergency-law |access-date=31 May 2012 |publisher=Egypt Independent}}{{cite news |date=31 May 2012 |title=Egypt lifts unpopular emergency law |publisher=CNN |url=http://edition.cnn.com/2012/05/31/world/africa/egypt-emergency-law/index.html |access-date=31 May 2012}}{{Cite news |date=2012-05-31 |title=Egypt state of emergency lifted after 31 years |url=https://www.bbc.com/news/world-middle-east-18283635 |access-date=2023-12-04 |work=BBC News |language=en-GB}}
On 13 June 2012, the SCAF imposed de facto martial law (extending the arrest powers of security forces). The Justice Ministry issued a decree giving military officers authority to arrest civilians and try them in military courts.{{cite news |last=Kirkpatrick |first=David D. |date=14 June 2012 |title=Egypt Reimposes Martial Law, Ahead of Closely Watched Ruling |newspaper=The New York Times |url=https://www.nytimes.com/2012/06/14/world/middleeast/egypt-extends-martial-law-before-election-ruling.html?_r=1&ref=egypt |access-date=14 June 2012}}{{cite web |date=13 June 2012 |title=Egypt decree grants arrest powers to military |url=http://www.aljazeera.com/news/middleeast/2012/06/201261316733866879.html |access-date=14 June 2012 |publisher=Al Jazeera}}{{cite news |last=Kirkpatrick |first=David D. |date=18 June 2012 |title=Egypt's Ruling Generals Soften Tone as Islamist Wins Presidency |work=The New York Times |url=https://www.nytimes.com/2012/06/19/world/africa/islamist-candidate-is-apparent-victor-in-egypt-as-military-cements-its-powers.html?_r=1&hp |access-date=18 June 2012}}{{cite news |last=Londoño |first=Ernesto |date=13 June 2012 |title=Egypt's military given power to detain civilians days before presidential vote |newspaper=The Washington Post |url=https://www.washingtonpost.com/world/middle_east/egypts-military-given-power-to-detain-civilians-days-before-presidential-vote/2012/06/13/gJQAVErbaV_story.html |access-date=19 June 2012}} The provision remained in effect until a new constitution was introduced, and meant that those detained could remain in jail for that long, according to state-run Egy News.{{cite news |date=14 June 2012 |title=Some cry 'coup' as Egypt's highest court annuls parliament, military extends power |work=Mohamed Fadel Fahmy and Josh Levs |publisher=CNN |url=http://www.cnn.com/2012/06/14/world/meast/egypt-ruling/index.html |access-date=14 June 2012}}
On 14 August 2013, acting president Adly Mansour declared a month-long state of emergency following the Council of Ministers' approval and ordered the armed forces to help the Interior Ministry enforce security. The decision followed violent clashes during Rabaa and Nahda sit-in dispersals between supporters of deposed President Mohamed Morsi and the security forces.{{cite news|url=http://www.aljazeera.com/news/middleeast/2013/08/201381413509551214.html|title=Egypt declares state of emergency|work=Al Jazeera English|date=14 August 2013|access-date=17 January 2014}}{{Cite web |url=https://www.cbc.ca/news/world/egypt-in-state-of-emergency-as-clashes-leave-278-dead-1.1303479 |title=Egypt in state of emergency as clashes leave 278 dead - World - CBC News |access-date=2015-02-17 |archive-url=https://web.archive.org/web/20130910021155/http://www.cbc.ca/news/world/story/2013/08/14/egypt-mohammed-morsi-sit-in.html |archive-date=2013-09-10 |url-status=live }} After a two-month extension, the state of emergency then ended in November 2013.{{cite web |date=13 November 2013 |title=State of emergency and curfew to officially end on Thursday |url=https://english.ahram.org.eg/NewsContent/1/64/86410/Egypt/Politics-/State-of-emergency-and-curfew-to-officially-end-on.aspx |access-date=10 September 2021 |publisher=Ahram Online |ref=EmrgncyEnd2013}}
President Abdel Fattah el-Sisi declared a local state of emergency in North Sinai Governorate in 2014, where the Egyptian Armed Forces continued to battle an ongoing jihadist insurgency.{{Cite web |date=2014-10-25 |title=Egypt declares state of emergency in Sinai |url=https://www.aljazeera.com/news/2014/10/25/egypt-declares-state-of-emergency-in-sinai |access-date=2024-01-31 |website=Al Jazeera |language=en}}{{cite news |date=28 October 2015 |title=Egypt extends North Sinai state of emergency for 3rd time this year |work=Ahram Online |url=https://english.ahram.org.eg/NewsContent/1/64/162072/Egypt/Politics-/Egypt-extends-North-Sinai-state-of-emergency-for-r.aspx |access-date=10 September 2021}}
A nationwide state of emergency was reinstated following the Palm Sunday church bombings on 9 April 2017.{{Cite web |title=Egypt declares state of emergency after church bombings |url=https://www.aljazeera.com/news/2017/4/9/egypt-declares-state-of-emergency-after-church-bombings |access-date=2021-09-14 |website=www.aljazeera.com |language=en}}{{Cite news |last1=Samaan |first1=Magdy |last2=Walsh |first2=Declan |date=2017-04-09 |title=Egypt Declares State of Emergency, as Attacks Undercut Promise of Security |language=en-US |work=The New York Times |url=https://www.nytimes.com/2017/04/09/world/middleeast/explosion-egypt-coptic-christian-church.html |access-date=2023-12-02 |issn=0362-4331}} The 2014 Constitution included provisions limiting the duration of a state of emergency to three months, renewable once on ratification by a two-thirds majority in the House of Representatives. The government circumnavigated this limit by having a new three-month emergency period approved by a rubber stamp parliament immediately after the preceding one was due to expire.{{Cite web |date=2021-11-10 |title=Egypt Lifted its State of Emergency: What Now? |url=https://timep.org/2021/11/10/egypt-lifted-its-state-of-emergency-what-now/ |access-date=2023-12-02 |website=Tahrir Institute for Middle East Policy |language=en-US}} The 1958 emergency law was amended on request of the government in April 2020, amid the COVID-19 pandemic.
The state of emergency expired in October 2021 after Sisi announced that it would be lifted.{{Cite news |last=Yee |first=Vivian |date=2021-10-25 |title=Egypt's Leader Ends State of Emergency, Says It's No Longer Needed |language=en-US |work=The New York Times |url=https://www.nytimes.com/2021/10/25/world/middleeast/egypt-sisi-state-emergency.html |access-date=2021-12-23 |issn=0362-4331}} The most recent extension beforehand occurred in July 2021.{{cite news |date=22 July 2021 |title=Egyptian president extends state of emergency for 3 months |publisher=Ahram Online |agency=MENA |url=https://english.ahram.org.eg/NewsContent/1/64/417529/Egypt/Politics-/Egyptian-president-extends-state-of-emergency-for-.aspx |access-date=10 September 2021}} However, trials under the supervision of the Emergency State Security Court were not suspended after the expiration of the state of emergency, including that of activist Alaa Abd El-Fattah.{{Cite web |date=2023-01-24 |title=Egypt: Abolish the Emergency State Security Courts and End Miscarriages of Justice |url=https://www.icj.org/egypt-abolish-the-emergency-state-security-courts-and-end-miscarriages-of-justice/ |access-date=2024-01-31 |website=International Commission of Jurists |language=en-US}}{{Cite web |date=2021-10-31 |title=Egypt: Stop trials by emergency courts |url=https://www.amnesty.org/en/latest/news/2021/10/egypt-stop-trials-by-emergency-courts/ |access-date=2024-01-31 |website=Amnesty International |language=en}}