Annual Report of The National Council for Human Rights

Chapter Two - Cont.

The National, International, and Regional Framework for The Establishment of The National Council for Human Rights (NCHR)

10- Principle of the right to asylum by foreign refugees, and victims of persecution for reasons relating to the defence of the peoples' interests and human rights, peace or justice, and the principle of prohibition of extradition of political refugees (Articles 14 of the Universal Declaration of Human Rights):
This principle is contained in Articles 53 of the Constitution, which provides that "The right to political asylum shall be guaranteed by the State to every foreign person persecuted for defending the peoples' interests, human rights, peace or justice. Extradition of political refugees is prohibited".

11- The right to assembly principle (Article 20 of the Universal Declaration of Human Rights):
This principle is contained in Article 54 of the Constitution, which provides that "Citizens shall have the right to peaceable and unarmed private assembly, without the need for prior notice. Security authorities may not attend these private meetings. Public meetings, processions and gatherings are permitted within the limit of the law".

12- The right to form and belong to associations principle (Article 20 of the Universal Declaration of Human Rights):
This principle is contained in Article 55 of the Constitution, which provides that "Citizens shall have the right to form associations as defined in the law. The establishment of associations with activities hostile to the social system, clandestine or of a military nature are prohibited."

13- The right to form and to join syndicates and trade unions principle (Article 23 of the Universal Declaration of Human Rights):
This principle is contained in Article 56 of the Constitution, which provides that "The creation of syndicates and unions on a democratic basis is a right guaranteed by law. Syndicates and unions shall have a legal personality, shall hold their members answerable for their conduct in carrying out their activity based on a code of ethics, and shall defend rights and freedoms that are established by law for its members."

14- The right to vote and nominate principle (Article 21 of the Universal Declaration of Human Rights)
This principle is contained in Article 62 of the Constitution, which provides that "Citizens shall have the right to vote, nominate and express their opinions in referenda according to the provisions of law. Their participation in public life is a national duty.

Fourth: Principles of Human Rights set forth in Chapter Four of the Constitution

The Constitution earmarks Chapter four, which is titled "Sovereignty of the Law", to highlight several principles embodied in international human rights agreements. We will examine these principles, as follows:

1- Principle of independence and immunity of the judiciary (Article 10 of the Universal Declaration of Human Rights):
This principle is contained in Article 65 of the Constitution, which provides that "The State shall be subject to law. Independence and immunity of the judiciary are two basic guarantees to safeguard rights and liberties."

2- Principle of the individuality of penalty, and of absence of crime or penalty except pursuant to law (Article 11 of the Universal Declaration of Human Rights):
This principle is contained in Articles 66 of the Constitution, which provides that "Penalty shall be personal. There shall be no crime or penalty except pursuant to law. No penalty shall be imposed except by virtue of a judicial order. A penalty shall be imposed only for acts constituting an offence pursuant to a law".

3- Principle of the right of presumed innocence of a defendant until proven guilty in a public trial at which he has had the right and guarantees necessary for his defense (Articles 11 of the Universal Declaration of Human Rights):
This principle is contained in Articles 67, which provides that "A defendant is innocent until he is proved guilty before a lawful court, in which he is granted the right of defense. Every person accused of a crime must be provided with counsel for his defense".

4- Principle of the right of every person to litigation, and to resort to the natural judge, the accessibility of the judiciary to litigants, expeditious settlement of cases, and the prohibition of stipulating immunity of any act or administrative decision from control by the judiciary (Article 8 of the Universal Declaration of Human Rights):
This principle is contained in Article 68 of the Constitution, which provides that "The right to litigation is inalienable for all, and every citizen has the right to refer to his natural judge. The State shall guarantee the accessibility of judicial organs to litigants, and of expeditious adjudication of cases. Stipulating in law the immunity of any act or administrative decision from the control of the judiciary is prohibited".

5- The right to legal defense and provision for citizens lacking necessary funds principle (Article 11 of the Universal Declaration of Human Rights):
This principle is contained in Article 69, which provides that "The right of defense in person or by power of attorney is guaranteed. The Law shall grant financially incapable citizens the means to resort to justice to defend their rights."

6- The right of an person arrested or detained to promptly learn the reasons for his arrest or detention, to communicate with, inform and seek the help of a third party concerning his charge, to challenge against such arrest or detention principle (Article 9 of the Universal Declaration of Human Rights):
This principle is contained in Articles 71, which provides that "Any person arrested or detained must be informed, forthwith of the reasons for his arrest or detention. He has the right to communicate, inform, and seek the help of anyone as provided in law. He must be informed, as soon as possible, of the charge directed against him. Any person may complain to the courts to challenge any measure taken to restrict his individual freedom. The law regulates the right of challenge in a manner ensuring a ruling within a definite period, or else release is mandatory".

The principles of human rights and fundamental freedoms reviewed above and as contained in the Egyptian Constitution reflect adherence by the constitutional, Egyptian legislature, while drafting the Constitution in the light of the Egyptian identity, to the provisions of international agreements on human rights and freedoms.

The Egyptian Constitution, moreover, outshines the numerous international guarantees and protective measures, and the national constitutional instruments of many states in granting special prerogatives relating to human rights and fundamental freedoms. In this regard, the Constitution has stipulated special guarantees to incriminate acts of infringement thereupon and the removal of a prescription period of civil or criminal lawsuits arising there from, and to provide compensation to the victim. These principles, moreover, by their inclusion as constitutional provisions enjoy judicial protection through the Supreme Constitutional Court, which protects the constitutionality of laws. This is in addition to the text of Article 53, which provides for granting political asylum to oppressed foreign person who defends human rights.

Thus, Egypt has reaffirmed its desire to maintain international and national visions of human rights and freedoms. Egypt was keen to maintain its permanent Constitution in line with all precious values agreed by the international community and which have become an inevitable course and the only alternative through which international relations and national legislations are re-phrased in the framework of abidance to the international course relating to respect and protection of human rights in all places and at all times.