Guarantees for the Protection of Rights

Guarantees for the Protection of Rights and Freedoms

Guarantees for the Protection of Rights and Freedoms

Guarantees for the Protection of Rights and Freedoms

- Constitution of Egypt

Chapter 4: Guarantees for the protection of rights andfreedoms

Article 74: The rule of law

The rule of law is the basis for governance in the state.

The independence of the judiciary and the immunity of judges are two basicguarantees to safeguard rights and freedoms.

Article 75: Right to litigate

The right to litigation is inalienable and guaranteed for all.

The state commits to making judicial institutions accessible and to encouraging arapid decision making process.

It is prohibited to isolate any act or administrative decision from judicial oversight.

No person can be tried except before his natural judge. Exceptional courts areprohibited.

Article 76: Punishment

Penalty is personalized. There can be no crime or penalty except by virtue of theConstitution or the law. No penalty can be inflicted except by virtue of a courtdecision. Penalties are inflicted only for acts committed after the promulgation ofthe relevant law.

Article 77: Due process

Except for situations set out by law, criminal prosecutions must be based on an orderfrom the relevant judicial body.

A defendant is innocent until proven guilty in a legal and fair trial, and in which he isgranted the right of defense. Every person accused of a felony must have a lawyer todefend him. The law determines the minor offenses for which a defense lawyer isalso required.

The law organizes the process of appealing decisions relating to felonies andoffenses.

The state provides protection for victims of crime, witnesses, defendants andinformants where necessary.

Article 78: Right to defense

The right of defense in person or by proxy is guaranteed.

The law guarantees for indigents the means to resort to the courts and to defendtheir rights before the courts.

Article 79: Preventing or delaying the implementation ofcourt decisions

Court decisions are issued and enforced in the name of the people. It is a crimepunishable by law for the relevant civil servant to prevent or delay theimplementation of a court decision. In such a situation, a person who has a sentenceissued in his favor has the right to lodge a direct criminal action before the relevant court.

Article 80: The absence of state of limitations

Any violation of any of the rights and freedoms guaranteed by the Constitution is acrime for which there is no statute of limitation. The state guarantees faircompensation to the victim of such encroachment.

The injured party has the right to lodge a direct criminal action.

The National Council for Human Rights informs the Public Prosecution of anyviolation of these rights, may join the injured party in a civil action, and may appealon his behalf.

Article 81: Limitations clause

The rights and freedoms inherent in the citizen’s person cannot be suspended ordetracted from.
No law may regulate the exercise of these rights or freedoms in a way thatconstrains their origin and essence.

Rights and freedoms are to be exercised in a way that is consistent with thecomponents that are set out in the Chapter on the state and Society in thisConstitution.

State and Society
Political Principles
Social and Ethical Principles
Economic Principles
Rights and Freedoms
Personal Rights
Moral and Political Rights
Economic and Social Rights
Guarantees for the Protection of Rights and Freedoms
Public Authorities
Legislative Authority
Common provisions
Council of Representatives
Shura Council
Executive Authority
Judicial Authority
General Provisions
Judiciary and Public Prosecution
State Council
Supreme Constitutional Court
Judicial Bodies
The legal profession
The experts
Local Administration
Local Administrative Division of the State
Local Councils
National Security and Defense
National Security Council
Armed Forces
National Defense Council
Military Judiciary
Independent Bodies and Regulatory Agencies
Regulatory Agencies
National Anti Corruption Commission
Central Auditing Organization
Central Bank
Economic and Social Council
National Electoral Commission
Independent bodies
Supreme Authority for Endowment Affairs
Supreme Authority for Heritage Conservation
National Council for Education and Scientific Research
Independent Press and Media Organizations
Final And Transitional Provisions
Amendments to the Constitution
Transitional Provisions
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