Egypt's Terrorism Law Report

Egyptian Coordination of Rights and
Freedoms, was founded in early August
2014.It's an independent non profitable
Egyptian NGO which operates neutrally,
and which has no political, ideological or
social polarization.
REPORT OF TERRORISM LAW
INTRODUCTION
In the absence of an elected parliament that expresses the people
and their concerns. In light of the growing awesome network of
exceptional laws, which violating the Egyptian constitution of
2014 and the Egyptian successive Constitutions and violating of all
international conventions signed by the Egyptian government, is
getting the brunt of these laws that the Egyptian citizen burned.
In the light of this legislative vacuum there are many laws that
restricted of the rights and freedoms of citizens, until it be more
than 800 law and decision issued by individual decision from the
president.
The important question is whether the country and its citizens
really need this vast amounting of restricted law for freedom of its
people and shackled the progress of society.
Does the law on terrorism and the law terrorist entities are able to stop this
intellectual extremism creeping armed US?
Does Egypt need to have issue laws or it need to coherence of the
Community intellectually and politically to stand in front of this wave of
abnormal thought?
Can the Egypt deter a criminal by the laws or the government creates more
extremists who find in violating of their rights field to force this country and
continue to face?
Egypt is in dire need of wise now to take it towards the right path away from
the fossilized minds or extremist ideas.
Therefore, we need to stop in front of these violations that Egypt was
suffering in the human right's file in an unprecedented way in all the previous eras. The current power desires
liquidation of all its opponents inside and outside prisons in the light of continued killings and torture.
We need to stop for a cessation of all manifestations of Industry extremism. We seek to build a nation afford all his
sons. Egypt will not progressing by the cuffed law that was fallen what is remain of Egypt institutions which created a
new tyrants by the law!
METHODOLOGY OF THE REPORT
These reports methodology has adopted to collect information, through direct monitoring to researchers
of ECRF for the cases and asked all the associated of the incident under discussion. In this report we
have adopted on all investigations and press releases that have been issued over the past months, as
well as asked lawyers, experts and jurists.
E g y p t . e c r f @ g m a i l . c o m Page 23
CONTENTS OF THE REPORT
FIRST: EXECUTIVE SUMMARY.
SECOND: INTRODUCTION.
THIRD: RELATED LEGAL TEXTS
FORTH: CRITICISM OF THE LAW.
FIFTH: THE VIOLATIONS OF THE LAW ON
THE CONSTITUTION.
SIXTH: RECOMMENDATIONS.

Third: RELATED LEGAL TEXTS
Text of the proposed law:
The first Article:
We are dealing in special cases pertaining to anti-terrorism cases through this law, and
the provisions of this law apply to all unless it contained a legal text for the penalty
provisions and the criminal procedure.
The second Article:
Cancellation of following articles numbers of (86, 86 repeated, 86 repeated "G", 86
repeated "D", 87, 88, 88 repeated "A", 88 repeated "B", 88 repeated "G", 88 repeated "D"
and 88 repeated "H" of the Penal Code. It also cancels each provision in contravention
of the provisions of the attached law.
The third Article:
This Law shall be published in the Official Gazette and shall be effective from the day
following the date of publication.
Anti-terrorism law
The first section: The substantive provisions
Chapter one
General provisions
Article (1): During the application of this law, the following words and phrases means
the meanings shown below:
1- The terrorist group: Each group, association, Commission, entity, organization,
consisting of at least three persons, or other gatherings or entities prove its trait,
whatever its legal form or realistic, whether inside the country or outside, and
whatever its nationality or the nationality of those who claim to it, aims to commit one
or more of the terror crimes, or the terror was one of the means used to achieve or
implement criminal purposes.
2- The terrorist: Every natural person who commits, attempts to commit, inciting,
threaten, plans inside or outside for terrorist crime by whatever means, even
individually, contribute to such a crime in a joint criminal enterprise, took over the

leadership or management, construction or establishment or participated in the
membership of any of the terrorist entities stipulated in Article No. (1) from the
decision of the President of the Arab Republic of Egypt by Law No. 8 for 2015
concerning the regulation of lists of terrorist entities and terrorists, funded it, or
contributing in its activities.
3- Terrorist crime: Every crime states under this law, as well as all felony or
misdemeanor committed by using one of the means of terror in order to achieve or
carry out a terrorist purpose, call to commit any crime of the above or the threat of it,
without prejudice to the provisions of the Penal Law.
4- Conventional weapons: Including weapons, ammunition, explosives and gelatinous
material.
5- Unconventional weapons: All nuclear materials, chemical, biological, radiological
and bacteriological weapons or any other natural or artificial materials, solid, liquid,
gaseous or steam, whatever their source or method of its production, it has the capacity
and the authority to cause death, physical psychological serious injuries, damaging the
environment or to buildings and facilities.
6- Funds: all the assets or property of any kind, whether material or moral, movable or
immovable, including documents and national or foreign currency, securities or
commercial writings, instruments installed to whatever its form, including digital form
or email, and all of the rights to any of them.
7- The terrorist act: All using of the force, violence, threats, intimidation inside or
outside, for the purpose of disturbing public order, endangering the safety of the
community or the interests or security risk, harm individuals, spread horror among
them, put their lives or liberties or public rights or Private or security to risk, other
freedoms and rights guaranteed by the constitution and the law, harming national
unity, social peace or national security, damage to the environment, natural resources,
the effects, funds, buildings, public Proprietary or private, occupying or seizing it,
prevent or impede the public authorities, judicial bodies, the interests of the
government, the local units, houses of worship, hospitals or institutions and science
institutes, diplomatic and consular missions, or organizations, regional and

international bodies in Egypt, from doing their work or exercise of all or some of its
activities, resistance, disable the application of any of the provisions of the constitution,
laws or regulations. As well as all conduct committed with intent to achieve one of the
purposes set out in the preceding paragraph, preparation or instigation of it, if it would
harm the communications or information systems or financial or bank systems, the
national economy, the stock of energy, security inventory goods, food and water or its
safety, or medical services in disasters and crises.
8- The Financing of Terrorism: Collecting, receiving, possession, supply, transfer or
provision of funds, weapons, ammunition, explosives, equipment, data, information,
materials or other, directly or indirectly, and any means whatsoever including digital
format or electronic, in order to use it, whole or in part in the commission of any
terrorist crime or knowing that it will be used in it, providing safe haven for terrorist or
more, for those who funded by any of the methods mentioned advanced.
Article (2): Without prejudice to the provisions of Articles 1, 2, 3 and 4 of the Penal
Code, the provisions of this law shall apply anyone who commits a crime of terrorism
crimes outside of Egypt, in the following cases:
1) If the crime was committed on board one of the means of air, land, sea or river
transport for Egypt or those flying their flag.
2) If the object or purpose of the crime: A- Harming the Egyptian citizens or residents in
Egypt, harming the security, interests, its property at home or abroad, the headquarters
and offices of diplomatic missions or consular institutions or its branches abroad. B-
Damaging any of the organizations or international and regional bodies. C- Forcing the
state, any of its powers or its institutions to act something or refrain it.
3) If the victim is Egyptian and present outside Egypt.
4) If the perpetrator of the crime is foreigner or stateless and presence in Egypt.
Article (3): Anyone who attempts to commit any terrorist crime, it is the same penalty
for the full crime
Article (4): The person who incitement to commit any terrorist crime is punishable as
same penalty for the fully crime whether this incitement is directed to a specific person

or a specific group, or it is general incitement public or non-public, whatever the means
used in it, even it does not result the impact of this incitement. As punishable with the
same penalty for the full offense of all has agreed or has helped - any way - to commit
the offenses referred to in the first paragraph of this article, even if the crime did not
occur based on that agreement or that assistance.
Article (5) The person who makes the work easy for the terrorist or a terrorist group
shall be punished as a partner by any means, directly or indirectly, to commit any
terrorist crime, or preparing to commit it, provided the terrorist with the knowledge
housing, shelter, or place to hide or to be used it in meetings or any other facilities.
Article (6): The persons who implement the provisions of this law shall not be
criminally responsible if they use force to perform their duties, or to protect themselves
from potential danger and protect their money, all that when the use of this right is
necessary and adequate to pay the risk.
Article (7): The provisions of Articles 28, 29, 38 and 98 (H) of the Penal Code applied to
each terrorist offense stipulated in this Law.
Article (8): It has been excluded from the provisions of Article 17 of the penal code, that
is not permissible to get off with the penalty which prescribed in any of the offenses
stipulated in the articles 12/1 – 15/1 – 16/1 – 2 – 17/1 – 2 – 18/1 - 30 of the present
law except to one degree.
Article (9): Without prejudice to the provisions of the law No. 8 of year 2015 concerning
the regulation of lists of terrorism entities and terrorists, followed concerning the same
provisions of the terrorism groups in the second chapter of offences and penalties.
Article (10): Each person establishes organizes, manages of a terrorism group, took
over the leadership of any terrorism group shall be punished by death or life
imprisonment. Each person joined a terrorism group or participated in any manner
with knowledge of its purposes shall be punished with rigorous imprisonment, the
penalty shall be rigorous imprisonment that a duration not less than ten years if the
offender received military training, security or technology, in the terrorism group to
achieve its objectives or the offender is one of members of the armed forces or the
police. Each person forced others to join in the terrorism group or prevented from

secession shall be punished by life imprisonment. The penalty shall be death if the
coercion or prevention causes death.
Article (11): Anyone has commit crime of terrorism financing offenses shall be
punished by life imprisonment that is in the case the financing for the terrorists. But if
the financing for the terrorism group or for terrorism work, the penalty will be death. In
the case of the terrorism group has commits the crime, the actual responsible for the
management of this group shall be punished by the penalty described in the preceding
paragraph of this Article as long as the crime was committed on behalf of the group or
to its advantage. The terrorism group also punished by a fine not less than one hundred
thousand pounds and not exceeding three million pounds, and be responsible for the
payment any financial penalties or compensation.
Article (12): Every person sought, communicate with a foreign country, any
association, body, organization, group, gang or the other will be located within or
outside Egypt, or working with the persons who are working for the benefit of the
foreign state or any of the party, With the aim of committing preparing to commit a
terrorist crime in Egypt, against any of the Egyptian citizens and their interests or their
property, the headquarters and offices of diplomatic missions or consulate, branches of
institutions abroad, against any of the employees in any of the previous quarters, or
against any of the Internationally Protected shall be punished by life imprisonment. The
penalty shall be death if the terrorists seeking and spying or attempts to commit the
crime.
Article (13) Every person prepare or train people directly or indirectly, and the intent
to commit a terrorist crime at home or abroad to manufacture, use traditional or non-
traditional weapons, the means of wired, wireless or electronic connections or any
other technical device, he taught martial arts or combat or technical methods, or skills,
or tricks, or other means, in whatever form for use in the commission of a terrorist
offense, incites on something which stated punished with life imprisonment or rigorous
imprisonment for a duration not less than ten years. Every person had been trained or
educated stipulated in the preceding paragraph of this article, the presence of places the

purpose of the preparation or commission of an offense referred to the first paragraph
of this article shall be punished by imprisonment for not less than seven years.
Article (14): Every person capture, attack, broke into by force or under violence, threat
or intimidation, a presidential headquarters, the headquarters of the parliaments, the
council of ministers, ministries, provinces, the armed forces, the courts or
Public Prosecutors Office or security directorates, police stations, prisons, bodies,
security or the regulatory services, archeological sites, public facilities, places of
worship, education or hospitals, any of the buildings or public facilities with intent to
commit a terrorist crime, shall be punished by life imprisonment or rigorous
imprisonment for a duration not less than ten years. The provisions of the first
paragraph of this article is applied to each person put devices or materials in any of the
previous headquarters in order to damage or destroy them, any of the persons present
or attending there, or threatened to commit any of these acts. The penalty shall be life
imprisonment if they using a weapon in the act happened, from person or more than
person, or the offender destroy or damage the headquarters, resisted the public
authorities by force while carrying out there job in guarding the headquarters or to
restore it, in the case of committing any previous acts causes death of a person, the
punishment will be death penalty.
Article (15): Every person who forcibly entered the headquarters of the resistance or a
diplomatic or consular or bodies, international or regional organizations or official
offices or private housing for its members in Egypt or abroad, and that the purpose of
committing is a terrorist offense shall be punished by life imprisonment or rigorous
imprisonment for a duration not less than ten years. Also he has been punished by the
same penalty each person restored to force and attacks any of the headquarters
stipulated in the first paragraph of this article, the transportation of a private person
enjoys by international protection, if this attack would demonstrate his safety or his
freedom to risk, or just by threat of committing this act. If the act occurred by using of
weapons or more than one person the penalty shall be life imprisonment. If the act
resulted in the death of a person the penalty shall be death.

Article (16): All those who tried to force or violence, threats, intimidation or otherwise
of a terrorist act means to overthrow the government, change the state constitution or
its republican form of government shall be punished by life imprisonment or rigorous
imprisonment of not less than a ten years.
Article (17): Anyone commits an act of terrorism shall be punished by imprisonment
for not less than ten years, if the consequence of that crime occurrence of permanent
disability it is impossible cured the penalty shall be life imprisonment, if the
consequence of that terrorist act death of person the penalty shall be death. In cases
where the offense is committed by a terrorist group, the person in charge of the actual
management of this group shall be punished by penalty prescribed in the first
paragraph of this article, as long as the crime was committed on behalf of the group or
to its advantage. The terrorism group also punished by a fine not less than one hundred
thousand pounds and not exceeding three million pounds, and be responsible for the
payment any financial penalties or compensation.
Article (18): Each person who: 1- The person who conceals or deals with things used or
intended use in the commission of a terrorist crime or conceals the funds that has been
obtained. 2- The person who intentional damaged, embezzled, concealed documents or
linearly or electronically text which would facilitate the detection of a terrorist offense
or provide evidence of the perpetrator or punishment him. 3- The person who helps the
perpetrator any crime to escape before or after being arrested.
Article (19): Every Egyptian cooperate or joined, the armed forces of a foreign state, any
of the armed groups, associations, bodies, organizations based out side Egypt, and take
the terrorism, military training, teaching martial arts, combat methods technical, tricks
or skills methods of achieve its goals in the commission of terrorism offenses, or
preparation it, even it works not addressed to Egypt without the written permission of
the competent authorities, shall be punished by imprisonment for a duration not less
than ten years. If the offender received any kind of training or education referred to in
the preceding paragraph of this article, the penalty shall be life imprisonment. Every
one helps others, cooperate, join or transit to outside of Egypt in order to join the armed

forces of a foreign state, any of the armed groups, associations, bodies or organizations
referred to in this article.
Article (20): Anyone who arrests a person, kidnapped him, detained him, imprisoned
him or his liberty in any way, shall be punished by imprisonment for a duration not less
than ten years, if the purpose of that force against one of the authorities, agencies in the
state to act or refrain, get an advantage or benefit of any kind. The penalty shall be life
imprisonment if offender resorted to commit any of the acts of terrorism, made false
prescription, and dressed unjustly uniformed, carrying a card or distinctive to action or
function without the right, held the job from the requirements of it, highlight something
false claiming that release from one of the state authorities or if he resisted the public
authorities during they performance their function and attempt freeing the victim. The
penalty shall be death if any person dies.
Article (21): Without prejudice to any more severe penalties, every person made,
designed conventional weapons, acquired, submitted or easy to obtain for use or
prepared for use in the commission of a terrorism offense shall be punishable by
imprisonment for a duration not less than ten years. If the crime tool is non-
conventional weapons the penalty shall be life imprisonment. In cases of use
conventional, non-conventional weapons or materials mentioned the death of someone,
the penalty shall be death.
Article (22): Every person captured with force, violence, threat or intimidation a means
of air, land, sea or river transport, or firmware platforms that are installed permanently
in the bottom of the sea for the purpose of discovery or exploitation of resources, for
any other economic purposes, which achieved the purpose of terrorism shall be
punished by imprisonment for a duration not less than ten years. The penalty shall be
life imprisonment if the means of transport or the firmware platform a subsidiary to the
armed forces or the police, if the offender committed an act of violence against a person
resides in any of them, destroyed vehicle, fixed platform or cause damage disabled for
work permanent or temporary. It shall be punished by the same penalty stipulated in
the second paragraph of this article; anyone put something that cause destruction in the
vehicle or firmware platform, causes harming the others, causes damage of the money,

destroyed or ruined facilities or transportation service, resisted by force or violence the
public authorities while performing there job in restoring the means or the firmware
platform of his control or to prevent the authorities from doing there job. If the action
causes anyone dies the penalty shall be death.
Article (23): Anyone damage intentionally, ruined, destroyed, disrupted, break the
network or a line of oil lines or natural gas, necessary buildings for any such facilities,
or seized by force any of those facilities; if the perpetrator used the force or violence to
commit any of this acts described in the first paragraph of this article, deliberately
preventing specialists from repair anything that is stated above or a result of the crime
stop, interruption of the supply or disable petroleum products or natural gas, even
temporary basis, the penalty shall be Life imprisonment. The commission of the
offenses referred to the preceding paragraphs of this article result the death of a person,
the penalty shall by punished by death. In all cases, the court shall order the
confiscation of machinery and tools which used in the crime and return it again to what
it was before the crime and the expenses borne by the convicted person and the court
bears him pay the value of the damage.
Article (24): Every person who commits an act which mentioned in the first paragraph
of article 23 of this law on the water network, water lines or important facilities, or
controlled by force any of those facilities, shall be punishable by imprisonment for a
duration not less than ten years. If the crime was committed using any of the
aggravating circumstances stipulated in the second paragraph of article 23 of this law, if
the offender damaged the waterway or contaminated it by toxic or harmful material,
the penalty shall be life imprisonment. If the commission of the offenses that referred to
the preceding paragraphs of this article causes death of person, the penalty shall be
death. In all cases, the court shall order the confiscation of machinery and tools which
used in the crime and return it again to what it was before the crime and the expenses
borne by the convicted person and the court bears him pay the value of the damage.
Article (25): Without prejudice to any more severe penalties stipulated in this law or
any other law, every person attack one of those in charge of the implementation or
application of the provisions of this law, resisted him by force, violence or threat and

that during or because of the implementation or application of the provisions of this
law, the penalty shall be punished by imprisonment for a duration not less than ten
years. The penalty shall be life imprisonment if the assault or resistance causes
permanently disfiguring impossible cruel, the offender was carrying a weapon or
captured and detained any of those in charge of the implementation or application of
the provisions of this law. If this action causes a death of any person the penalty shall be
punishable by death. The provisions of this Article applied if the infringement occurred
with the wife's person in charge of implementation or application of the provisions of
this law or one of his ascendants or descendants.
Article (26): Every person promoted or prepared to promote, directly or indirectly, to
commit any terrorism offense either orally, writing or by any other means shall be
punished by imprisonment for a duration not less than five years. The indirect
promotion includes the promotion of the ideas and beliefs which calls for using
violence, with any means stipulated in the preceding paragraph of this article. The
penalty shall be imprisonment for not less than seven years, if the promotion inside
houses of worship or between members of the armed forces, or the police, or in special
places for those forces. Every person printed or record any means of promotion using
or intended for using even temporary to printing, recording or publishing anything was
mentioned.
Article (27): Every person install or use a website at the communications networks,
international information networks or other modern methods of communications
networks in order to promote the ideas or beliefs calls for commit terrorism acts,
publish what is intended to mislead the security authorities, influence of the justice in
any terrorism crime, exchange messages and issuing assignments between terrorism
groups or its members or information relating to actions or movements of terrorists or
terrorism groups at home and abroad shall be punishable by rigorous imprisonment for
a duration not less than five years. Every person opened the private information about
websites affiliated with any government agency by unlawfully or illegally way he
purpose of obtaining the data or information contained the website, changed, erased,
destruction or falsification of its contents, the purpose of committing any of the offenses
referred to in the first paragraph of this article or preparation for the offenses shall be

punishable by imprisonment for duration not less than ten years. The competent public
prosecutor may be issue a decision for stop the websites stipulated in the first
paragraph of this article or blocking the websites mentioned, and blocking which
included information stipulated in the article and reservation the devices and the used
equipments in the crime. Court decides in the judgment of conviction, to confiscate
seizures related of the crime.
Article (28): Every person participated in a criminal agreement between two or more
perpetrators, and is aimed at making agree to commit a terrorism crime of the crimes
stipulated in this Law shall be punished by life imprisonment or rigorous imprisonment
for a duration not less than seven years. The penalty shall be life imprisonment if the
perpetrator is one of the instigators of this Agreement or he mange this movement.
Article (29): Every person collection without reason, information about the one based
on the implementation or application of the provisions of this law, in order to be used in
threatening or preparation to harm him or his interests or the interests of his work, or
attack him or any of its assets or its branches in any form of abuse shall be punishable
by imprisonment for a duration not less than one year and not exceeding five years.
Article (30): Without prejudice to any more severe penalties stipulated in the penal law
or any other law, every person imported, made, produced, bought, sold, traded or
dressed a uniform dedicated the armed forces or the police, or carry military cards,
features signals or distinguishing marks to action or function without right or
impersonated any means the judicial or administrative officers, in order to gather
information to commit a terrorism crime, shall be punishable with rigorous
imprisonment for a duration not less than five years.
Article (31): Every person know information, data or any thing about a terrorism crime,
preparation to it or information data about its perpetrators and he could report, but he
did not told the competent authorities, shall be punishable imprisonment for a duration
not less than three months and a fine of not less than one hundred thousand pounds
and not exceeding three hundred thousand pounds or either one of them. The

Provisions of the preceding paragraph of this Article shall not apply to the husband or
wife or originals or branches of the culprit.
Article (32): Every person who commits any act of setup work or preparing to commit a
terrorism crime even though his work did not exceed this setup or preparation shall be
punishable by imprisonment for duration not less than one year.
Article (33): Every person who intentionally publishing news or data not real for any
terrorism operations contrary to official data issued by the concerned authorities, and
without prejudice to the disciplinary penalties prescribed in this regard shall be
punishable by imprisonment for a duration not less than two years.
Article (34): The court may be judge in any terrorism crime, as well as the sentence
prescribed, judge by one or more of the following provisions: (1) deportation of an alien
from the country. (2) Prohibit the residence in a particular place or in a specific area.
(3) Obligate to reside in a particular place. (4) Prohibit approaching or frequency to
certain places or premises. (5) Obligate to be in certain places at certain times. (6)
Prohibit working in certain places or field of specific activities. (7) Prohibit the use of
certain means of communication, prevention of possession or obtained it. (8) Obligate
to engage in rehabilitation sessions. Except the first provision the duration of provision
must not exceed more than five years. Whoever violates the provision shall be
punishable by imprisonment for a duration not less than six months. In all cases, result
in the application of any of this previous provision loss of a condition of good
reputation and biography which required holding public office or candidate to the
parliamentary councils.
Article (35): Every person of the perpetrators took the initiative to inform the
competent authorities before starting the execution of the crime shall be exempted
from the penalties of the crimes referred to in this law, and the court may exempt from
punishment if the inform fter the execution of the crime and before the start of the
investigation, if the perpetrator enables the authorities of the arrest of those who
committed the crime with him, or the perpetrators of other similar crime in its kind and
dangerous.

Article (36) Without prejudice to the rights of others and good faith, court shall order in
all a judgment conviction in a terrorism crime, in addition to the penalty for the offense,
to confiscate money and baggage, weapons, tools, documents, and other, which was
used in the commission of the offense or getting by it, and stop acts of a terrorism group
and closing their headquarters and their places at home and abroad. In addition to the
closure of any place where they make or design weapons of various kinds, used in the
commission of any a terrorism crime, and others may be used or prepared for use by
terrorist or terrorism group. The court shall judge by judgment of conviction to
confiscate all the money when it is proven that it was dedicated to exchange of it on acts
of terrorism.
Article (37): in terrorism cases stipulated in this Law, it is prohibited, by any individual
or entity record or photograph the proceedings of the trial by any means or broadcast
through the media, visual or audio or print or communications networks or social
networking or any another ways, if the court did not authorize and exempted from the
ban national security body. Whoever violates shall be punished by a fine not exceeding
ten thousand pounds.
The second part of procedural provisions
Article (38): The judicial arrest officer has a right when he facing the risk of terrorist
offense collects the evidence, search for the perpetrator and reserve for a period not
exceeding twenty-four hours. The judicial arrest officer makes a report of the
procedures and presents it to the public prosecutor or the competent investigating
authority, according to the circumstances. The public prosecutor or the competent
investigating authority for the same necessity stipulated in the first paragraph of this
article and before the expiration of the period specified therein, order by constantly
reservation for a period or for other periods not exceeding seven days at once, the
order issue by general lawyer or equivalent. It is calculated a period of the reservation
within duration of pretrial detention, and the accused must be placed in a legally
designated areas. And tracking in its appeal against the continuation of the reservation
the provision prescribed in the first paragraph of article (42) of the law.

Article (39): The judicial arrest officer told the person who has reservations the reasons
for it in accordance with article 38 of this law, and he has the right to communicate and
inform his family what happened and access to a lawyer, without prejudice to the
interests of the investigation and collection of evidence.
Article (40): The judicial arrest officer during the period of the reservation provided for
in article 38 of this law, before its expiry, edits the report, records the procedures and
hearing the statements of the conservative person, and present the record to the public
prosecutor or the competent investigating authority to be questioned him during the
forty-eight hours, and its order by remand him in custody or release him.
Article (41): The public prosecutor or the competent investigating authority has a right,
according to the circumstances, during the investigation of a terrorism crime, in
addition to the terms of reference prescribed therefore by law, all the authorities of
investigating judge, and those assessments for court of appeal held in the consultation
room, according to the same terms of reference, restrictions and periods stipulated in
article 143 of the criminal procedure code.
Article (42): The accused and other concerned parties has the right to appeal without
any fees against reserves imprisoned or against extending the detention in the
competent court. The competent court decide on the appeal reasoned decision within
three days of the date of submission, after hearing the public prosecutor, the competent
investigate authority and defend the appellant, if the duration expire without judgment,
they must release of the accused who had been arrested immediately.
Article (43): In the cases where they reserve to the perpetrator of a terrorism crime or
custody him, there is risk or fear of loss the evidence, the judicial arrest officer may be
request a cause's authorization from the public prosecutor or the competent
investigating authority, according to the circumstances, to inspect offender's house and
adjust things and belongings to the crime that is being inspected about them.
Article (44): The public prosecutor or the competent investigating authority, according
to the circumstances, in a terrorism crime to authorize the order reasoned period of

time or for specific periods, monitoring, recording and messaging conversations that
are listed on the means of telecommunications and other modern means of
communication, recording and photographing what is happening in private places, via
communication networks or information, or websites and which is note down in it, and
adjust regular correspondence, letters, electronic publications, parcels or telegrams of
all kinds.
Article (45): The provisions of articles 208 repeated (A), 208 repeated (B), 208
repeated (G) and 208 repeated (D) of the code of criminal procedure applied in the
cases where is exciting reasoning or the investigation sufficient evidence on the charge
of committing any a terrorism crime. The competent authorities shall have the right to
take necessary precautionary measures, including block of funds, prevention of
disposition or management, or travel bans, to be bound by the terms and procedures
suitable in the articles mentioned in the first paragraph of this article.
Article (46): The public prosecutor or his authorized representative of public defenders
at least, or the competent investigating authority may order access or obtain any data
or information related to accounts, deposits, secretariats, cupboards or transactions
related to it, If it is necessary to reveal the truth about the accused or participation in
any terrorism crime while found sufficient evidence about occurrence.
to the circumstances, in terrorism crimes suitable in articles 10, 13, 17 and 20 of this
law, may be issue a temporary order to close the headquarters, places, houses, premises
and shelters that the decision issued by the president of public prosecution at least. The
luggage and furniture that has been exacted under the things administrative seized
once seized until the final judgment in this case. It received after the inventoried and
recognized in the minutes of the guard assigned to guard the seals placed on the closed
headquarters, places, premises or housing. If that is not seizures mandated guard seals
in the same way, it follows the verdict of acquittal the fall of the closure.
Article (48): It will be established under the provision of this law a specialized court for
the consideration of felonies and misdemeanors stipulated therein, it will be based in

the city of Cairo, and the organization of work issued by a decision of the Supreme
Judicial Council. The decision of the Supreme Judicial Council may establish
departments of the Court in some other provinces. This court adjudicates cases
submitted to it expeditiously.
to the circumstances, the court hearing or brought to its attention any terrorism crime,
is concerned with the consideration the crimes associated with it.
Article (50): Exception of the provisions article (388) of the code of criminal procedure,
considered judgment of any of the issues mentioned in this law in his presence in the
right of the accused if the agent attended with him and expressed his defense.
Article (51): The appeal against the verdicts in all felonies and misdemeanors stipulated
in this law in the court of cassation is during forty days from the date of the judgment.
Allocate department or more from the court of cassation in session in the consultation
room to check the appeals against provisions. If the department considers that the
appeal is likely acceptance transmit it to other department of adjudicates in its subject
in the court of cassation. If it deems by unanimous agreement that it is acceptable form
or it's not based on justified reasons issued a reasoned decision by refusing.
Article (52): Exception of the provisions law No. 57 of the year 1959 concerning cases
and procedures for appeal in the court of cassation, and taking into account what is
provided for in article (51), the court of cassation in the case denunciation the
impugned judgment should facing the adjudicate in the subject of the appeal.
Article (53): The criminal case of terrorist crimes does not expire and the sentence does
not fall by the lapse of time.
Article (54): The President of the country, while there is a risk from the dangers of
terrorism crimes or there are environmental disasters may be issued a decision to take
appropriate measures to maintain security and public order, including the evacuation
of some areas, isolated or where the curfew, that the decision applied in the

identification of the region for a specified period not exceeding six months. This
decision should been presented to the House of Representatives within the next seven
days to make their decision. If the Council is not in session, it must be take place
immediately, If the Council is not existing, must be approved by the Council of Ministers,
to be presented to the new Council of Representatives at its first meeting, the decision
shall be taken by a majority of the members of the Council, if the decision was not
presented in mentioned time, or presented but does not approved by the Council, the
decision consider canceled unless the Council see an other decision. The President of
the country may extend the duration of the measure mentioned in the first paragraph
from this article, following the approval of a majority of the members of the House of
Representatives. It required in urgent cases where the measures referred to in this
article taken under verbal orders to strengthen in writing within eight days.
Article (55): The State is committed to hold comprehensive compulsory insurance
document with insurance companies, to cover all risks caused by terrorism crimes
which affect any member of the armed forces or police force in charge of combating
terrorism in confronting to such crimes, also the judiciary or public prosecutors.
Including cases of death or total or partial disability, that the document contains the
company's obligation to pay interim compensation immediately after the occurrence
the risk deduction from the amount of insurance. In all cases the insurance company
shall pay the amount of insurance, according to the document, and without prejudice to
the right of the aggrieved, his heirs or insurance company at the resort to the judiciary.
This is insurance will be in one company or more than insurance companies that
registered with the General Financial Supervisory Authority . The Prime Minister in
agreement with the Minister of Finance may be allocating a part of the funds sentenced
person in terrorist crimes to deflect fair compensation for every citizen inflicted
damage from the terrorism crimes and be issued to organize what it takes to that from
the controls and procedures decision of the Prime Minister.

Criticism of the law
Supreme Judicial Council
The Supreme Judicial Council objected to some of the articles in the draft law, and
some of these articles are legal precedents in the legal system of the state, and the
Council asked to amend these articles.
One of the most important objections was related to the article, which states that "the
Presence of a lawyer who was appointed by the absentee accused obviates the presence
of the accused", as Council underlined that this proposal affects the litigation
guarantees that require the presence of the accused. The Supreme Judicial Council also
objected to limit the date of the appeal on the judgment for only 40 days, and they
suggested to extend the period to 60 days, The Supreme Judicial Council also rejected
the establishment of specialized courts to crimes of terrorism, like the Family Court
and the Economic Court, and suggested instead the establishment of departments for
the consideration of terrorism cases in the Court of Appeal, The Council did not
announce his position on the proposal, which makes appeal to the Cassation Courts on
one level, and that the courts gave a final decision on the appeal "veto" objectively on its
own, if approved about its form, rather than transmit it back to the criminal court.
International Newspapers
The American newspaper "Huffington Post" reported that the Egyptian Anti-terrorism
law launched a broad dissatisfaction in the country, especially as it completely
eliminates the profession of journalism. The paper added in a report published in the
July 7, that the Media experts confirmed that this new law eliminates the profession of
journalism
And turning it into a just propaganda of the ruling authority And it appears in
opening prison to any Journalist publishes something different from the words of
authority, "The paper added that "this law targets local journalists and foreigners alike,
if they publish news contrary to the official data on terrorist incidents". some of the
serious things about "Counter-terrorism bill" were revealed by the Human rights and
legal egyptian expert Mohamed zaraa,the President of the Arab Organization for Penal

Reform, That law which was approved by the government after the recent attacks in
Sinai. The american newspaper "New York Times" said by the words of mohammed
zaraa in a report published in July 6. "The new draft law, provides for the expansive
definition of terrorism, It can be applied to the extremists, journalists and civil rights
groups too, also ensured the article that will give immunity to members of the police in
the application of anti-terrorism measures", he added that a lot of the articles of this
law represents a clear violation of the Constitution, Human rights organizations
rejected the draft law, because this law immunizes the security men from the
accountability if they used force during their work, article 33 of it, has been rejected by
the Press Syndicate, which provides for criminalize the publication of any press
materials for "terrorist" operations contrary to official data, It is noteworthy that the
press articles on the draft law, came after the media coverage of recent attacks in Sinai,
as some of the media published figures for the dead contrary to official figures.
Egyptian rights activists believe that the Penal Code has enough articles to combat
terrorism.
The opinion of civil society organizations:
Both of Egyptian law experts and a number of Political and party forces rejected Anti-
Terrorism Act which was approved by the Supreme Judicial Council but after
Modification four items of its sections. Among these sections which were objected, is
customize departments of terrorism issues, which were possible to be considered by
ordinary criminal courts. In addition to the item that does not allow presence of the
accused but presence of lawyers only in Trial hearings. Implementation of the law
forced the Journalists' Syndicate in Egypt to refuse Saying that this law is a restriction
of freedom of opinion and expression, incites violence and discrimination between
citizens, Restores the punishment of imprisoned for journalists, and prevents him from
access to information from different sources. These actions show a clear violation of
the freedom of opinion, and expression.
Amnesty International Criticized the project of this law, considering that it includes the
expansive definition of "terrorist crimes" to the extent that it could open the way for
Personal interpretation and violation, at the end, It would criminalize any contrary

opinion, and it will be used as a tool to stifle peaceful protest. The organization
believes that
The law allows the government to fabricate the charge of terrorism to its opponents
even if their demands relate to the reform or call for fight against corruption. 17
Egyptian Human Rights Organizations refused totally the Anti-terrorism law which
was announced by the Egyptian government, saying that "this law strengthens the
motives of extremism and terrorism and involves in the collapse of the pillars and state
institutions".
Tuesday, the organizations said in a joint statement that they support the position of
the Egyptian Journalists Syndicate, which refuses the anti-terrorism law, Because of
incompatibility with Article 71 of the Egyptian Constitution, as this law restores
putting the shackles which took decades to be broken by the struggle of the journalistic
community, this struggle which was culminated in the Constitution of 2014. Also they
support the opinion of the Supreme Judicial Council in rejecting a number of articles of
the law which Wasted litigation fundamental rights and the rights of the defense, and
established a "special" court to consider terrorism cases.
The organizations confirmed that the law is "A clear assault on the Constitution and
the decisions of the Supreme Constitutional Court, and undermines what remains of
the Ancient Egyptian judicial system".
Among the organizations signing the statement: Cairo Institute for Human Rights
Studies, the National Society for Human Rights and Law, Human Rights Association for
the Assistance of Prisoners, and the Egyptian Initiative for Personal Rights.
Organizations rejected what they described as "tampering with the rule of law and
getting aground the Constitution by using words to declare a state of emergency
without being bound by its provisions".
On the other hand, a number of party forces called for the need to put the law to be
discussed by the views of the community, under the criticism that dogged some of its
articles, while The head of the Congress Party, Omar al-Mukhtar, said that the law has a
lot of defects, which must be modified, adding that the security situation in Sinai

requires raising of the level of training and combat efficiency, and the use of modern
technology and sensing mechanisms and forecasting danger.
The draft law contains many negative aspects, and there are many articles that restrict
freedoms and impose a restriction on the freedom of the press in the transfer of
information and news, contrary to what has been stipulated in the Egyptian
constitution, which was adopted in January 2014. He added that a group of Egyptian
political forces will meet to discuss the law and express their point of view on it and on
what is being said around it of suspicions unconstitutional.
The legal expert, Mr. Shawqi, said there is gaps in the anti-terrorism law, first, it did not
specify the crime clearly and precisely which makes it extremely difficult, second, for
the period of the punishment’s time, this law did not specify certain dates or
departments of the Court of Cassation to be completed, third, for non-definition of
terrorist entities, but leave it to the jurisprudence, and this is not valid with the laws, It
also did not handle the slowness in the litigation, it is obstruction for the judge to
perform his duties, And to rely on representatives officers in the criminal lab and
forensic medicine. He added "we hoped to put an article stating the need for a
specialized police, to help judges in forensic medicine, Unfortunately, we are in front of
the law which did not handle the slow pace of litigation". He Believes that the freedoms
are restricted distinctly in that law, he disgraced on this law, also, the length of police
custody for seven days, which is essentially for four days pending investigation.
National Council for Human Rights:
The National Council for Human Rights issued a statement in which he said that the
new law is as a violation of several provisions of the Constitution, and does not abide by
the terms of the Constitution, Demanding that this law should be temporarily by a time
frame Linked to the reasons for its issuance.
The Council calls for the drafting of the law according to the criteria that have been
settled by the Supreme Constitutional Court in the legality of the Criminal text, and
Commitment to articles 51, 53, 54, 58, 59, and 99, which provides for the right to liberty
and security of person and the necessity of the trial of the people in the civil courts
according to Article 205.

The statement said that "the Constitution makes the international treaties which the
Egypt have already joined a part of domestic legislation, those commitments include the
right to challenge the criminal provisions by the way of appeal"
THE VIOLATIONS OF THE LAW ON THE CONSTITUTION
Egypt's constitution in 2014
The bill is contrary to Article 237 of the Egyptian Constitution which provides "The
State is committed to combat the terrorism, in all its forms and manifestations and
track the Sources of its funding according to a specific timetable, as a threat to the
homeland and citizens, while ensuring the rights and public freedoms. The law
regulates the provisions and procedures of the fight against terrorism and fair
compensation for the damage resulted from it.
RECOMMENDATIONS
At first, the coordination expresses its grave concern about increasing violations on the
constitution and international conventions signed by successive Egyptian governments.
We refused totally the terrorism, we emphasize that the infringement of human rights
is not the access to eliminate the terrorism, the only access to defeat the terrorism and
extremism is to erase its causes especially its violation of citizens' rights.
In this context, the Egyptian coordination expresses its total rejection to the draft
resolution in the anti-terrorism law, which was approved by the Council of Ministers in
its meeting on July 1, and it was reviewed by the Fatwa Committee and the legislation
of the State Council as well as the coordination supports all rational media and human
rights votes that defend the rights of citizens and defend the gains of the homeland, and
it confirms its support for the state of law as this law is a clear assault on the
Constitution and international conventions signed by Egypt.
And establishes an exceptional system that make Egypt far largely from the concept of
the state of law and state of institutions; In addition to that this law threatens all human
rights and media organizations and institutions of the Egyptian civil society and put
Egypt at stake.

Egypt's Terrorism Law Report

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