Egypt’s new Constitution: A flawed process; uncertain outcomes


Egypt’s new Constitution: A flawed process; uncertain outcomes

Also published on www.icj.orgICJ International Commission of Jurists

Both under the rule of President Mubarak and the SCAF, the State of Egypt has failed to meet its obligations under international law to respect, protect, promote and fulfil human rights. The lack of adequate constitutional guarantees consistent with international standards, combined with a legal framework that has severely restricted the enjoyment of human rights, in particular the Emergency Law, have contributed to exacerbating human rights abuses. These abuses include, among others, cases of torture and other ill-treatment, arbitrary arrest and detention, unlawful killings, violations of freedom of assembly, association and expression, and a failure to respect and ensure basic economic, social and cultural rights. During its mission to Egypt, the ICJ heard from individuals who were involved or suspected of being involved in peaceful protests and were targeted by law enforcement and military officials. These individuals reported that they were subjected to arbitrary detention, torture and other ill-treatment, and the disproportionate use of force, including lethal force, by law enforcement officers.

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