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Egypt Military Justice
The Military Justice Law of 1966 superseded a code of military
justice that the British enacted in 1893. Three major concepts
underlay the 1966 law: military law must be consonant with the
general law of the land; crimes committed by military personnel
(such as theft and embezzlement) were especially serious because
they could endanger national security; and the armed forces should
be role models for the rest of the country and should set ethical
standards by promptly punishing personnel who violate laws.
The 1966 law spelled out different legal procedures for
administrative violations, misdemeanors, and felonies; this system
was similar to the one used throughout the country for civilians.
The military court system was similar to most Western military
court systems but had courts whose size and authority varied
according to the level of command. Military personnel had the right
of trial before military courts even for common crimes against
civilians. This arrangement, however, was under debate in the late
1980s because many civilians doubted military judges'
qualifications and the efficacy of the military courts. Military
courts also had jurisdiction in cases involving offenses against
military personnel and property. Since 1958 the country's state of
emergency has entitled the president to refer civilian cases to
military courts when the offenses involved issues of national
security.
The accused had the right to defense by an officer or by a
civilian attorney. Verdicts, announced in open session, were not
final until a higher authority approved them. The ultimate
authority was the president, who could delegate his authority to
the minister of defense or another official. The accused also had
the right of appeal. The 1966 law outlawed cruel punishment, such
as flogging, and established maximum sentences for various
categories of crimes.
The 1966 law authorized the death penalty for treason, murder,
and the destruction or sabotage of weapons or equipment of the
armed forces. A 1970 amendment to the law defined twelve
treasonable offenses that could be punished by execution. These
offenses included misconduct before the enemy, surrendering or
abandoning installations or troops to the enemy, and giving aid and
comfort to the enemy. In addition, abetting any of the twelve
treasonable crimes through error or negligence or contributing to
dereliction of duty could be sentenced to life imprisonment at hard
labor. Confiscation of government property for private use was also
punishable by life imprisonment.
Data as of December 1990
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