EGYPT-SECURITY/LAWMAKING FILE Egypt's new anti-terrorism law is met with mixed reactions

Record ID: 143482

  • Title: EGYPT-SECURITY/LAWMAKING FILE Egypt's new anti-terrorism law is met with mixed reactions
  • Date: 19th August 2015
  • Summary: CAIRO, EGYPT (FILE - FEBRUARY 9, 2015) (REUTERS) VARIOUS OF EGYPTIAN PRESIDENT, ABDEL-FATTAH EL-SISI
  • Embargoed: 3rd September 2015 13:00
  • Keywords:
  • Location: Egypt
  • Country: Egypt
  • Topics: General
  • Reuters ID: LVA5T3D0R10XIYND7GJ7QSKYI23Z
  • Aspect Ratio: 16:9
  • Story Text: There were mixed reactions to Egypt's new anti-terrorism laws setting up special courts and protecting its enforcers on Tuesday (August 18).
    Egyptian President Abdel Fattah al-Sisi on Sunday (August 16) approved the new law which comes in the face of a two-year-long insurgency that aims to topple his government.
    The law also details sentences for various terrorism crimes ranging from five years to the death penalty.
    It also shields those applying it, such as the military and police, from legal ramifications for the proportionate use of force "in performing their duties."
    Opponents of the law, such as attorney and former member of the Constitutional committee responsible for drafting the 2014 constitution Saber Amer, said that the current penal code is sufficient to fight militancy and the anti-terrorism law will be an unnecessary addition.
    "First of all, we did not need this piece of legislation as the penal code has a whole chapter that handles terrorism-related articles such as articles 85-86 and other articles. These articles mostly or completely handle terrorism. The second part is that the legislation still reflects the aim of parliament to produce ambiguous wording in legislation that may hold many explanations. This leaves the burden on the court to explain it narrowly or generally. This is the opposite of what the constitutional court ruled when it discussed the penal articles that are required to be specific and detailed. It does not allow the broad and narrow interpretation," said Amer.
    He also added that the law may pose dangers to human rights as it allows arrests and convictions based on the defendant's intent and not actions.
    Forming or leading a group deemed a "terrorist entity" by the government will be punishable by death or life in prison. Membership in such a group will carry up to 10 years in jail according to the new law. Amer believes that the law should be more specific as the terms used are ambiguous.
    "There is no law that restricts freedoms through the wordings of the articles. The application of the law may restrict freedoms. This law allows the punishment according to intention. This may be extremely dangerous if misused or abused. Therefore the legislative drafting of the law used to be specific and reflective of the legislatures will; not leaving it open to interpretation by the executive or judicial branches," said Amer.
    Sisi had promised a tougher legal system in July, after a car bomb attack that killed the top public prosecutor, the highest-ranking state official to be killed in years.
    Financing "terrorist groups" will also carry a penalty of life in prison, which in Egypt is 25 years. Inciting violence, which includes "promoting ideas that call for violence" will lead to between five and seven years in jail, as will creating or using websites that spread such ideas.
    Journalists will be fined for contradicting the authorities' version of any terrorist attack. The original draft of the law was amended following domestic and international outcry after it initially called for imprisonment for such an offence.
    Supporters of the law, such as former Member of Parliament and journalist Mostafa Bakry said that the law was issued after popular demand and following the threat to national security posed by terrorism.
    "This has come through popular demand. Since the fall of the Muslim Brotherhood regime we are facing a war against extreme organizations related to the Muslim Brotherhood such as Islamic State, Ansar Bayt Al Maqdis. Naturally the law alone cannot face terrorism, we are in exceptional circumstances. Therefore we require exceptional procedures. This law is not new. The United States of America issued a terrorism law during the war on terrorism and it considered terrorism to expand even beyond the Pacific Ocean. Under no circumstances can we stay quiet while the nation is exposed under the pretence that terrorism laws restrict the freedoms of people."
    Bakry also believes that internet webpages and social media websites that provide a platform of inciting violence should be subject to the law.
    "Everywhere there are internet webpages that were shut down for this reason. There is nothing against Facebook, Twitter or any social media. But what if, hypothetically, there is a website that teaches how to create an explosive device. What if, hypothetically, there is a website that incites violence and says go to that specific location and set fire to the police station. Under what rationale is this accepted. Look at the French example now. They took extremely violent procedures. Why is Egypt constantly facing the gun?"
    Egypt is facing an increasingly violent insurgency in North Sinai, where the most active militant group has pledged allegiance to Islamic State. Cairo and other cities have also witnessed attacks.
    The insurgency, which has killed hundreds of soldiers and police, has intensified since then-army chief Sisi ousted the Islamist former President Mohamed Mursi after mass protests against his rule in 2013.
    Sisi has since overseen a crackdown on Islamists. Thousands of alleged Islamist supporters have been jailed and scores have been sentenced to death, including Mursi and other senior Muslim Brotherhood figures.
    The government considers the Brotherhood a terrorist group and does not distinguish between it and other militants. The Brotherhood says it is committed to peaceful activism.
    In February, Sisi signed off on another anti-terrorism law that gave authorities sweeping powers to ban groups on charges ranging from harming national unity to disrupting public order.
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