CONFIDENTIAL
EGYPT
Report by HM Embassy Cairo
General Observations
1. Dependable information is difficult to obtain in Egypt. Emergency legislation is still in force by virtue of a Presi- dential decree of 1968 which allows the President or the deputy Military Governor to issue decrees without recourse to the People's Assembly. There has been criticism of the fact that this legislation continues to exist when the emergency situation which gave rise to it has, in the view of the critics, passed away.
On the other hand, Egypt regards herself as being in a state of war with Israel, and could mount a case for dero- gation under Article 4 of the UN Covenant on Civil and Political Rights.
2. The trend in Egypt is towards greater freedom. President Sadat stresses the independence of the judiciary, the promotion of democracy and the protection of individual rights of freedom of thought and expression, and freedom from arbitrary arrest and imprisonment. Practical steps taken in this direction have included the enactment in 1971 of a Permanent Constitution, a very considerable reduction in the activities within Egypt of the security and intelligence authorities, the acceptance within limits of organised political opposition and the establishment, again within strict limits, of political parties.
Right No.
(i)
The provisions of the 1971 Con- stitution are broadly in accor- dance with Article 9 of the International Covenant. Although Egypt is in a state of war mili- tary courts no longer try civil cases which are all dealt with under civil law. We cannot say how many if any persons have been imprisoned without trial in recent years but we believe the figure would compare very favourably with the Nasser period. In many cases delays in bringing persons before a court, failure to prefer charges etc, are probably due to adminis- trative inefficiency rather than a contempt for judicial standards.
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(ii) The infliction of physical or moral
harm on a person, or any treatment inconsistent with the preservation
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