egypt-final-presidential-elections-2012

The Carter Center
Presidential Election in Egypt
from any decisions taken by an election management
body. In accordance with Egypt’s international obligations,
this tribunal should be independent of, and
perceived as independent of, the election management
body. 38
The problem of the PEC’s ultimate authority over
decision-making was compounded by the apparent
conflict of interest that PEC members have with the
courts. By law, the PEC is chaired by the head of
the Supreme Constitutional Court. The other four
members are all senior judges
from the various major
judicial systems of Egypt. In
cases where the PEC refers
matters such as campaign
or election-day violations
to the ordinary courts, or
refers constitutional matters
such as the validity of the
political exclusion law to
the Supreme Constitutional
Court, it is reasonable for
one to assume that the courts might show favoritism
to the PEC. Even the appearance of a conflict of
interest in these cases damages the perceived impartiality
of the courts in hearing matters involving the
PEC, which runs counter to international good practice.
39 In response to these issues, The Carter Center
recommends establishing a permanent, independent
electoral management body and ending the appointment
of judges to leadership positions within the
election management body solely on the basis of the
seniority of their judicial positions.
Attempts To Reinstate State of Emergency
Conditions in Egypt: On May 31, 2012, the
Emergency Law, under which Egypt had been
governed continuously since 1981, expired. 40 On
June 13, 2012, however, the Ministry of Justice
issued a decision that would have allowed military
police and intelligence officials to arrest civilians
for a range of crimes typically considered in civilian
courts, including spreading false information with the
intent of injuring national security and “insulting”
The Carter Center commends
Egyptian leaders for allowing the
Emergency Law to lapse without
renewal but remains concerned about
attempts by authorities to reinstate
emergency provisions by other means.
21
public officials. 41 On June 26, following the second
round of the election, the administrative court
declared this decision invalid, stating that it violated
the Constitutional Declaration and Egypt’s Code of
Criminal Procedure. 42
The Carter Center commends Egyptian leaders for
allowing the Emergency Law to lapse without renewal
but remains concerned about attempts by authorities
to reinstate emergency provisions by other means.
The electoral process relies on free expression by
candidates and their agents
and by voters to operate
effectively. Attempts to
reinstate restrictive provisions
of the Emergency Law
are likely to have a chilling
effect on political expression
and contravene Egypt’s
international commitments
to guarantee freedom of
expression for its citizens. 43
Disenfranchisement: The
enjoyment of the right to vote is a primary indicator
of the health of electoral democracy. 44 Egypt’s
commitment to the principles of universal suffrage
requires that the right to vote be extended to the
38 UNHRC, General Comment No. 31, para. 15; AU, African Union
Declaration on the Principles Governing Democratic Elections in Africa,
para. 3
39 UNHRC, General Comment No. 32, para. 19; AU, African Union
Declaration on the Principles Governing Democratic Elections in Africa,
para. 3
40 It had been most recently reimposed for a two-year period by the
Mubarak regime in May 2010.
41 Decision No. 4991; Human Rights Watch, Military Power Grab
Creates Conditions for Abuse, June 21, 2012
42 On June 14, five human rights NGOs filed a case against the head
of the SCAF, the minister of justice, the minister of defense, the public
prosecutor, the chief of military justice, and the military prosecutor,
demanding the immediate end of the decision.
43 U.N., ICCPR, Article 10; UNHRC, General Comment 25, para. 19
44 U.N., ICCPR, Article 25 (b); Universal Declaration of Human Rights,
Article 21(3): “The will of the people shall be the basis of the authority of
government; this will shall be expressed in periodic and genuine elections
which shall be by universal and equal suffrage and shall be held by secret
vote or by equivalent free voting procedures.”