Egypt: Emergency Powers Excessive

Detention Without Judicial Review; Trials Lacking Appeal Rights

January 30, 2013

"(New York) – President Mohamed Morsy of Egypt should reverse the emergency powers he issued on January 27, 2013, Human Rights Watch said today. The emergency powers give the police the authority to detain people in three cities for up to 30 days without any judicial review, and permit trials of those detained before emergency security courts. Judicial review of detention is a fundamental right that may not be removed, even during emergencies.

On January 28 the Shura Council, Egypt’s partially elected upper house, passed a law that would give military officers the right to arrest civilians, which would therefore give them the right to bring civilians before military courts. The law will come into force after ratification by the President and publication in the official gazette which is yet to occur. President Morsy should order an end to military trials of civilians and instruct Egyptian military commanders to bring all civilians they arrest before civilian courts, Human Rights Watch said.

“The government has the duty to take reasonable steps to protect security, but this knee-jerk response granting the police excessive powers is certainly not the answer,” said Joe Stork, deputy Middle East director at Human Rights Watch. “What is glaringly missing are orders to the police and military to exercise restraint in their use of force and to warn that all official abuses will be punished.”......"