(Cairo, April 20, 2011) The Egyptian Center for Women’s Rights held a dialogue session entitled: “The decree of the penal code amendment and the problems of applying it.” The session was held on Thursday, April 11, 2011. 20 participants, composed of female and male lawyers, law experts and activists, attended the session to discuss the content of the decree and to find out if it is appropriate to be applied or not. They also discussed articles “269, 268, 267 bis, 288, 306, 289”.
The session began with a speech by Mrs. Nehad Abul Komsan, head of ECWR; she emphasized the necessity of issuing this decree with a law against sexual crimes and thuggery in such a critical time. She also affirmed that there should be a method of dialogue at the time of enacting laws, to be followed by the civil society organizations which have experience in legal work, the drafting of laws and the methods of applying them. Concerning the increase of punishments, ECWR is concerned with the guarantees of a fair judicial trial. In other words, defense rights should be guaranteed and considered as basic principles of justice like the rights of the victim and of society.
The participants agreed on some important principles:
- The enacting of laws in the transitional phase is supposed to occur in needed cases and according to the needs of this period. Experts agreed that enacting a law to increase the punishment of thugs is extremely suitable for this period.
- The laws or amendments that are issued by the Military Council should be temporary until the formation of all institutions of society such as the “People’s Assembly and Shura Council”. These institutions will review these laws.
- The method of taking decisions either in the council of ministers or in the Supreme Council of Armed Forces should be based on a dialogue with competent, interested people and organizations of civil society.
- Experts pointed out that this decree did not mention anything about an important crime in the Egyptian society, sexual harassment. Sexual harassment is not included, nor is it specifically defined in the penal code. On the other hand, the decree included an increase of punishments on crimes which already existed in the penal code and have punishments on them. For example, article 206 of the decree talked about a crime which was already included in the law 10/2001; this means that the decree has been issued without extensive study.
- The decree does not have any guarantees for a fair judicial trial.
