Constitutional Provisions

According to Article 99 of Egypt's 2014 Constitution:

Any assault on the personal freedoms or sanctity of the life of citizens, along with other general rights and freedoms guaranteed by the Constitution and the law, is a crime with no statute of limitations for both civil and criminal proceedings. The injured party may file a criminal suit directly.

Article 51 states that: "Dignity is a right for every person that may not be infringed upon. The state shall respect, guarantee and protect it." Article 52 provides that: "All forms of torture are a crime with no statute of limitations."

Under Article 73: 

Citizens have the right to organize public meetings, marches, demonstrations and all forms of peaceful protest, while not carrying weapons of any type, upon providing notification as regulated by law.

The right to peaceful, private meetings is guaranteed, without the need for prior notification. Security forces may not attend, monitor or eavesdrop on such gatherings.

Article 206 provides, with respect to the police, that:

The police force is a statutory civil body that is in the service of the people. Its loyalty is to the people. It ensures safety and security to citizens, preserves public order and morality. It is committed to undertake the duties imposed on it by the Constitution and the law, and to respect human rights and basic rights. The state guarantees that members of the police force perform their duties. Guarantees for that are organized by law.

Treaty Adherence

Global Treaties

Adherence to Selected Human Rights Treaties
1966 Covenant on Civil and Political Rights (ICCPR) State Party
ICCPR Optional Protocol 1 Not party
1984 Convention against Torture (CAT) State Party
Competence of CAT Committee to receive individual complaints No
CAT Optional Protocol 1 Not party
Adherence to International Criminal Law Treaties
1998 Rome Statute of the International Criminal Court Signatory

Regional Treaties

Adherence to Regional Human Rights Treaties
1981 African Charter on Human and Peoples' Rights State Party
1998 Protocol to the African Charter on the African Court Signatory
Article 34(6) declaration regarding individual petitions No
Adherence to International Criminal Law Treaties at Regional Level
Malabo Protocol on Amendments to the African Court of Justice and Human Rights Not party
Adherence to Regional Human Rights Treaties
2004 Arab Charter of Human Rights Signatory

National Legislation

Police Use of Force

There are no known detailed legal provisions on police use of force in Egypt. Article 126 of the 1937 Criminal Code of Egypt provides that:

Any public official/civil servant or public employee who orders torturing a suspect or does the torturing personally, in order to force him/her to confess shall be punished with hard labour, or imprisonment for a period of three to ten years. If the tortured victim dies, the penalty as prescribed for deliberate murder shall be inflicted.

Article 129 stipulates that:

Any public official or employee/civil servant or any person charged with performing a public service who, employs cruelty with people, depending on his position, such that he/she commits a breach of their honor, or incurs bodily pains to them, shall be punished with a detention for a period not exceeding one year or paying a fine not exceeding three hundred pounds.

Police Oversight

The High Commission on Human Rights, which was established by Ministry of Interior Decree 22562 of 2001, has representatives of the command structures of all the security and police bodies of the Ministry among its members. The commission is responible for identifying "the means of preserving human rights in the interaction and behaviour of the different agencies of the ministry and the population". 

Caselaw

Global

There have been no Concluding Observations on police use of force in recent years by United Nations treaty bodies. 

In 2014, which was Egypt’s most recent Universal Periodic Review under the UN Human Rights Council, numerous stakeholders, in particular expert non-governmental organisations, claimed that widespread arbitrary killings had been conducted in recent years by the security forces and that the practice of torture was endemic.

The United States Department of State's report on human rights in Egypt for 2017 noted

numerous reports the government or its agents committed arbitrary or unlawful killings, including incidents that occurred while making arrests or holding persons in custody, during disputes with civilians, or while dispersing demonstrations. There were also reports of civilians killed during military operations in Sinai. Impunity was a problem. 

Regional

Egypt's periodic report to the African Commission on Human and Peoples' Rights for 2001-2017 was submitted on 26 October 2018 and was due to be considered at the 64th Ordinary Session of the Commission in 2019. 

National

There are no reports of prosecutions of police for excessive or indiscriminate use of force in recent years.

Downloads

2014 Constitution of Egypt

1937 Criminal Code of Egypt (English translation)

Egypt UPR Stakeholders Report (2014)

Egypt Periodic Report to the African Commission on Human and Peoples' Rights for 2001-17