Egypt is an interesting and unique country that has an ancient history. Egyptians are known for the earliest writings, agriculture, organization of religion, and government. The rich culture is also evident since today it is still a prominent archaeological source of study. The purpose of this research is to explore the justice system of Egypt. The paper will begin by giving readers a brief overview of the history and culture of Egypt and how it has evolved into the system it is today. The research is also aimed at gaining a better understanding of vital elements of the justice system such as law enforcement, criminal procedure, judiciary system, corrections, and the juvenile system. While gaining an understanding of each of the elements described, readers will also be able to identify the correlation between the culture and structure of Egypt’s system.
History and Culture of Egypt
Egypt is considered one of the world’s richest civilizations. Some of the earliest forms of writing were developed and there was a great advancement in agriculture. Egypt has a unique national identity because of the preservation of its culture through a number of iconic monuments and artifacts. The population of Egypt is relatively homogenous. Over 90 percent of the population is Arabic-speaking Sunni Muslims. About 6 percent of the population is Christians. Egypt has an area of 385,229 square miles. The country is separated from bordering locations by oceans and deserts. ‘To the north is the Mediterranean Sea, and to the east the Red Sea. Egypt is separated from Libya and North Africa by the western desert, from Palestine and Israel by the desert of the Sinai Peninsula, and from the centers of population in the Sudan by desert except along the narrow Nile River.’ The Nile River is considered one of the major geographical features of Egypt.
A unified kingdom developed around 3200B.C.where numerous dynasties ruled such as the Persians, Greeks, Romans, and Byzantines. The Arabs introduced the natives to Islam and the Arabic language during the 7th century; they went on to rule for the next 600 years. Next the Mamluks took control in 1250 and governed Egypt after the conquest of Egypt by the Ottoman Turks in 1517 (Central Intelligence Agency). Once the Suez Canal was completed in 1869, Egypt became an important world transportation figure. Britain took control of Egypt’s government in 1882, but the allegiance to the Ottoman Empire continued until the year 1914. As Egypt continued to grow and change rapidly, the government drafted and implemented its new constitution in 1923. This constitution was based off of a parliamentary system. To finally free its self of British control, Egypt went through a revolution known as the 1952 Revolution. After the revolution, the rule of Egypt was passed on to the military. Egypt was now known as the Egyptian Republic. Presidents Nasser, Sadat, and Mubarak would reign from 1956-2011. Another revolution would occur in 2011 that opposed the actions of Mubarak. Finally in 2014 a new constitution was developed.
Today the country of Egypt is a product of its historical background. As was stated in the previous paragraph, the country has undergone centuries of foreign rule. This in turn, has caused Egypt to struggle with its independence because it has had to be dependent on other countries for so long. ‘Modern Egypt is considered to be a regional and middle power, with significant cultural, political, and military influence in North Africa, the Middle East, and the Muslim world’ (Cooper, Antkiewicz and Shaw, 2007). We will now take a look at both the ancient and modern sections of Egypt’s current government system.
Constitution
Because Egypt’s civilization is so ancient, the country has some of the earliest origins of legislative codes. The Egyptian Constitution has grown and evolved over the centuries just as the civilization gradually grew and changed. The 1923 Constitution promoted democracy and representation within the country. In 1956 a new constitution was introduced that created the National Assembly. The National Assembly consisted of 350 elected members. Next was the Provisional Constitution of the Arab Republic of Egypt, this constitution established a joint National Assembly. In 1971, Anwar Sadat took office and wanted to once again move towards a new democratic constitution that included more freedoms. The constitution of Egypt would continue to be changed little by little up until the current constitution. The current constitution is based off of the one that was effective in 1971. The new constitution addresses the president and parliament. The President is now elected to a four year term and may serve two terms. Parliament may now impeach the president. While Islam is the state religion, there is still a guarantee of equality and the freedom of belief. The new draft states, no political parties can be based on religion, race, gender, or geography.
Politics and Governmental Structure
The Egyptians were inspired by the 2010 Tunisian revolution as an attempt to force changes within their governmental structure. Multiple demonstrations and labor strikes took place dealing with choices made by President Hosni Mubarak. The military was forced to assume national leadership of the country until a new parliament was put in place in 2012. Egypt is based on republicanism. There are three main branches of the Egyptian governmental structure; they consist of the executive branch, the legislative branch and the judicial branch.
The executive branch is run by the President and he chooses the Prime Minister and the Council of Ministers. The new Egyptian Constitution states the president will be chosen by Parliament. Once the president is elected, he serves six consecutive years and can be reelected indefinitely (Library of Congress). The president may appoint all the judges on Supreme Court, as well as the civilian and military judges. The Legislative Branch- moved from a bicameral legislature to a unicameral House of Representatives. There is now a minimum of 450 seats with nearly 5 percent appointed by the president. Them members in the House serve 5 year terms and the process for elected members can be found in the 2014 constitution, it can be majoritarian, proportional list, or a mixed system. The Judicial Branch supervises and watches over the laws and how they are enforced. The judges are appointed for life and they have a mandatory retirement once they reach the age of 70.
Policing in Ancient Egypt
The development of police in ancient Egypt was a bit different than the other countries we have covered in the book. While there were people who were responsible for the safety of the citizens and their property, there wasn’t a specifically organized police force. There were people called ‘doorkeepers’ that controlled the comings and goings at gates and doors (Shaw, 2003). The ancient Egyptian police force began to become more organized and grow into what we would consider paramilitary units. They mainly protected the border and were composed of the Medjay. The Medjay came from Nubia and integrated themselves into Egypt’s work force and community. Overtime, the word ‘Medjay’ would be associated with any policemen because they had a great impact on the organization of both the military and police. The ancient police officers were armed with staffs, and would sometimes have police dogs or trained monkeys to accompany them. Transitioning into the New Kingdom created a more cohesive police structure. In the ancient world of policing in Egypt, the military played a large role in the structure of police forces.
Modern Law Enforcement
Today, law enforcement in Egypt is the responsibility of the Ministry of the Interior. The Ministry of the Interior divides the functions of the police and public security up into four Deputy Ministers of the Interior. The Minister of the Interior has responsibility for state security, any investigations, and the organization of law enforcement. ‘The Four Deputy Ministers are: Public Security- responsible for public safety, travel, immigration, port security, passports, and criminal investigation. Special Police- responsible for prison administration, the Central Security Forces, civil defense, police transport, police communications, traffic police, and Tourism and Antiquities Police. Personnel Affairs responsible for police-training institutions, personnel matters for police and civilian employees, and the Policemen’s Sports Association. Administrative and Financial Affairs- are responsible for general administration, budgets, supplies, and legal matters’ (Rough Guide to Egypt).
In each of the governed sections of Egypt, there is an appointed governor and a director of the police. These people command all police forces and maintain public order. The urban police are the most modernize force. They have computers and communication technology. While foot patrol is becoming a rare technique, the use of bicycles has grown as a means to respond to areas that are heavily populated in city areas.
Training is fairly extensive in Egypt and covers a number of areas. The police academy located in Cairo, offers a four- year program, and sometimes officers are sent abroad for additional schooling. The subjects that are covered in the academy are: security administration, military drills, criminal investigation, civil defense, forensic medicine, communications, cryptology, first aid, sociology, firefighting, and foreign language. Once the training is completed, graduates earn a bachelor of police studies degree, and are commissioned first lieutenants. The Egyptian police academy offers a wide range of skills that may be developed. Compared to the training in the United States, the training in Egypt leaves room for a better-rounded officer and public servant. There is also an opportunity for officers to move up in ranks by completing the advanced officer training. This academy is called the Academy’s Institute for Advanced Police Studies. The academy lasts for three months, and is closely related to the design of military training. While the atmosphere mirrors that of the military, it still focuses on further developing police techniques and methods. While modern policing in Egypt has become more organized, and technologically advanced, readers may still note the clear relationship that the military still has with the methods of training law enforcement officers. The uniforms and rank insignia are the same as the ones worn by the Egyptian Army.
Police in Egypt do usually carry firearms while on duty, It is also important to point out that since Egypt does have such a rich history with extremely valuable artifacts, there is an extensive need to keep a close reign on tourists. Tourism in Egypt is very common, and people frequently visit the Great Spinx, the pyramids, Luxor, and the Valley of the Kings. Perhaps one of the most unique divisions of law enforcement is The Tourism and Antiquities Police because they are ultimately responsible for the protection of the tourist attractions.
The police and the public have developed a somewhat strained relationship. The 2011 Revolution seems to be one of the main sources of police brutality. Like we have seen with countries such as Russia and South Africa, when the people are aiming to make changes within their government, this can sometimes include law enforcement because they too serve under the government in which the people are revolting against.
Justice System/Judicial System
The Egyptian legal system is derived from Napoleonic Codes, Roman law, and Islamic Shari’a. The Egyptian court system is divided into three tiers: Courts of the First Degree, the Appellate Court, and the Court of Cassation. The Courts of the First Degree deal with misdemeanors and other civil disputes. This court consists of only one judge. Courts of Appeal are responsible for capital crimes. The only Court of Cassation is located in Cairo. Courts of Appeal also have the ability to interpret the laws and these interpretations are issued in Rulings and Principles of the Court of Cassation (Library of Congress).
Egypt includes additional courts that have special jurisdictions. The Supreme Constitutional Court was created in 1969. These courts have the ability to decide the constitutionality of different laws that are passed. The judges in this court are appointed by the president. Family Courts were established to protect children in disputes such as divorce, alimony, and custody. Next are the Military Courts, they are responsible for military personnel and civilians that have been affected by terrorism or national security. Economic Courts deal with issues such as laws on consumer protection, and commercial and banking transactions. Environmental Courts were first created to address the issue of pollution of the Nile River, they have jurisdiction over both civil and criminal violations of the law of the environment. Finally, The Council of State has the ability to nullify and repeal administrative decrees that are issued by the Council of Ministers, the Prime Minister, and the President. This court primarily tackles administrative issues (Library of Congress).
Corrections
The Ministry of Interior is responsible for the prisons in Egypt. The Prison administration is under the Ministry. The prison officials are usually graduates of a police or military school. The Egyptian prison’s main concept is rehabilitation. Some of the main categories under the prison system are: penitentiaries, general prisons, district jails, and juvenile reformatories. The criminals that would be receiving a more serious sentence were sent to the penitentiaries where they would be subject to strict rules and strenuous labor. If the offender’s behavior gets too bad, they can be placed in solitary confinement. The general prisons house those offenders who are sentenced to more than three months. The district jails house offenders who were sentence to 3 or less months (The Penal System).
While researching the Egyptian prison system, there was a recurring topic that addressed the negative attributes. Issues such as overcrowding, poor conditions and treatment, lack of medical facilities, and numerous other allegations.
Juvenile System
The final topic we will discuss is the juvenile justice system of Egypt. The juvenile justice system breaks down issues with juveniles into categories: children who have committed crimes, children that are in need of protection, and children that are at risk for committing crimes. The Criminal Treatment of Children, provides the penalties and procedures that are to be followed when dealing with juveniles. ‘Measures for children ‘vulnerable to delinquency’ and children under fifteen who commit crimes range from a rebuke to commitment to a social welfare institution or specialized hospital for up to three years; the penalty for children over sixteen who commit crimes punishable by death is a minimum of ten years imprisonment, or a minimum of seven years imprisonment for crimes punishable by permanent hard labor’ ( Child Law, 101-112). The three ministries that are responsible for the treatment of juveniles are the Ministry of the Interior, the Ministry of Justice, and the Ministry of the Insurance and Social Affairs. The Ministry of the Interior is primarily responsible for law enforcement. The majority of arrests and investigations are done by this ministry. One unique fact about the housing of offenders is that there is no facility for girls over the age of 15.
The Ministry of Justice’s Responsibilities are broken up amongst three main bodies: the Public Prosecution Office, the General Administration for the Legal Protection of Children, and the Juvenile Court. It is important to note that Egypt doesn’t currently have a permanent staff whose sole function is to specialize in juvenile cases. The trial judges are usually recruited from a pool of public prosecutors. The Juvenile Court’s jurisdiction only covers cases in which the child is under the age of 18 years old when the crime was committed or when the child was accused. There are also experts present during juvenile to observe and provide assessments. The court can’t present its ruling until the expert has submitted their report that suggests what should be done with the offender. Appeals are also a common feature in the juvenile court proceedings. The appeals are heard by a panel that consists of three judges. The hearings are always closed to the public, and limited participants such as relatives, experts, and witnesses are allowed to attend.
Finally, the role of the Ministry of Insurance and Social Affairs is to provide care and numerous services with the use of institutions and nongovernmental organizations. The ministry also appoints the experts that were discussed in the juvenile court section. It is obvious that the juvenile justice system in Egypt is a work in progress. It has developed a structure that aims at both treatment and punishment of its offenders. The use of the social welfare experts is a beneficial addition to the juvenile system because it allows another set of eyes to evaluate each offender and possibly reveal other vital information to the courts.
In closing, we have traveled through the complex and culturally rich country of Egypt. While it is still attempting to perfect is governmental system, readers notice they are putting forth a large effort. Studying this system just like any other, Egypt has allowed itself to preserve some of the qualities that developed in the ancient world. It will be interesting to continue to watch Egypt’s journey as a country.