egypt-final-presidential-elections-2012

The Carter Center
Electoral Dispute Resolution
Effective, clear, and fair procedures for electoral
dispute resolution are an essential part of a
well-functioning electoral process. 172 Voters and
other electoral stakeholders must be given a voice in
the quality of the electoral process if the process is to
retain credibility. 173
The PEC is authorized to decide upon all
complaints and challenges related to the presidential
election. 174 The Law Regulating the Presidential
Election defines a series of election crimes and other
violations and establishes penalties for many of these
violations. 175 The PEC appeared to take a more
proactive role than its parliamentary counterpart, the
SJCE, in addressing allegations of electoral misconduct.
It announced the initiation of or the transfer of
campaign and election day-related complaints to the
Egyptian courts. On election day itself, polling station
judges filed charges against alleged violators in local
courts across Egypt. 176 Unfortunately, neither the
PEC nor the Office of the General Prosecutor, the
office responsible for investigating and, if warranted,
charging election violators, maintained consolidated
records of electoral disputes and their resolutions.
During both rounds, there did not appear to be an
attempt by the PEC to educate the Egyptian public
on the right to file complaints regarding alleged incidents
of electoral misconduct, and on why it is important
that the public do so. In most instances, the PEC
either referred complaints to the general prosecutor’s
office or initiated their own claims alleging campaign
violations with the general prosecutor’s office. It
is unclear when investigations conducted by the
prosecutor will conclude and whether decisions or
other information regarding these cases will be made
publicly available in an accessible manner. The lack
of clarity regarding the timeline for decision-making
and the opaque stance of the PEC in providing
information on the dispute resolution process are
cause for concern and are not consistent with international
best practice requiring that information on
appeals and the dispute resolution system be readily
available. 177
Adjudicatory Decisions of the PEC Following Both
Rounds of the Presidential Election: Pursuant to
its authority under Article 36 of the Law Regulating
the Presidential Election, the PEC announced on
May 28 its decisions on all appeals that were filed by
candidates following the announcement of preliminary
results of the first round. Candidates Hamdeen
Sabahi, Abdel Moneim Aboul Fotouh, Ahmed
Shafiq, and Amr Moussa filed a total of seven appeals.
The allegations contained in the appeals included,
among other allegations, claims of illegal voting,
including by people unauthorized to vote (police/
military) or people voting on behalf of the deceased,
other forms of vote fraud (e.g., ballot tampering),
denial of full access during all operating hours for
candidate agents to electoral sites, and legal arguments
that elements of the electoral laws were unconstitutional
and should, therefore, result in the voiding
of the final results.
172 U.N., ICCPR, Article 2(3), “Each State Party to the present
covenant undertakes: (a) to ensure that any person whose rights or
freedoms are herein recognized as violated shall have an effective remedy,
not withstanding that the violation has been committed by persons
acting in an official capacity; (b) to ensure that any person claiming such
a remedy shall have his right thereto determined by competent judicial,
administrative or legislative authorities, or by any other competent
authority provided for by the legal system of the State, and to develop
the possibilities of judicial remedy; (c) to ensure that the competent
authorities shall enforce such remedies when granted.”
173 UNHRC, General Comment 32, para. 25: “The notion of fair trial
includes the guarantee of a fair and public hearing.”
174 Article 8(11), Law Regulating the Presidential Election
175 Articles 42–56, Law Regulating the Presidential Election
176 The PEC reported to The Carter Center that polling station judges
filed approximately 250 complaints during the first round of the election.
177 U.N., CESCR, civil and political rights, including the questions
of independence of the judiciary, administration of justice, impunity,
para. VIII.12.a; AU, African Commission on Peoples’ and Human
Rights, Principles and Guidelines on the Right to a Fair Trial and Legal
Assistance in Africa, Article 3
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