Emergency law or not?! That's the question

Emergency law or not?! That's the question

Egyptians have always joked about phone tapping that's been legal under the emergency law... a law that's been seen as the governments tool to silence critics.

"They are listening to us now… let them show us what they can do" a man used to tell his friend during a phone call. If the line is disconnected, he'd say: "they must be changing tapes".

These comments unveil the very cynical nature of Egyptians who lived continuously under that ill-reputed Law since 1967 except for 18 months.

That meant that no more than five people could get together. If the number rose to six, police could arrest them without warrants from a judge. They could've been kept in custody without trial for unlimited periods. Properties could be confiscated, media has always been under censorship, and newspapers could be confiscated if authorities think there's a need that mostly would be criticizing rulers, ministers or even relatives of influential business men.

So the government's decision to abolish some of these restrictions that curtailed civil liberties in Egypt for decades came as a surprise to many. Even opposition members of Parliament that I called for reaction stuttered…

"It's half a step towards democracy" one of them said, sounding positive. But after seconds of silence, he lashed out at the decision: "It's not enough. We want it entirely abolished ... we don't trust the government, they don't respect even court rulings".

Now police CANNOT benefit from the unlimited powers generated from the Emergency law unless they're foiling a terrorist threat or narcotics trafficking and dealing. They can still arrest people without court-issed warrants but they must present compelling evidence of that terrorist threat.

In a briefing at the foreign ministry on the significance of these changes, we've been told les raisons d'etre behind these changes are the growing public and political pressure from within and recommendations by the international community.

Egypt has been internationally criticised for its record on human rights due to police practices under the emergency law.

A few months ago, the government accepted 119 recommendations to improve those records at the human rights agency of the United Nations.

And Tuesday's decision to relax the law and curtail its powers might well be interpreted within that context.

The deputy assistant minister of foreign affairs for human rights, Ambassador Wael Abu El-Magd, told foreign media that all Egyptians feel they're nowhere near what they should be on human rights.

Yet he stressed that terrorist attacks in the Sinai Peninsula and earlier attacks by Islamist groups in the 1980s and 1990 meant the state of emergency should have been enforced.

Now, he said, the government is drafting a new law to counter terrorism. When it is passed by parliament, he said, Emergency law will be completely abolished.

He said the new law has hit a brick wall on how to balance civil rights and preserving the nation's security.

Police have been using unlimited powers for more than four decades, so they can't just adapt to the normal professional restrictions on their practices over night.

That's why 12,000 troops have been receiving training organised by the government in partnership with the United Nation's Development Program (UNDP).

The Interior Ministry has acknowledged that more than 300 officers and personnel have been penalised because of violations.

These penalties ranged from suspension from duty to court rulings to years in prison.

So the Emergency law is still in place, though largely relaxed.

But the deep rooted mistrust in the government will overshadow this move until authorities are tested on the ground.

This means, police can not oppose demonstrations or crackdown on any political activity. But will any meeting between activists of the country's Islamic opposition - the banned Muslim Brotherhood group - be viewed as political activity or as act of terrorism?

That's a grey area and the answer will have to come soon, with the parliamentary elections looming.