The ACIJLP urges the citizens to use their right and ask policemen to show their ID cards

After an amendment to the Code of Criminal Procedure

The Arab Center for the Independence of the Judiciary and the Legal
Profession (ACIJLP) urges the citizens to use the right granted to them
by the new amendment of article 24 of the Code of Criminal Procedure,
and demand that law-enforcement officers must show their Identity cards
when they are taking any procedures against the citizens. This amendment
was made by law no. 174 of 1998 amending article 24 bis of law 150 of
1950 of the Code of Criminal Procedures. The new amendment was made for
the protection of the rights and freedoms of the citizens, particularly
the right to personal freedom and security.  It also obliges law
enforcement officers to commit to its stipulations.


Law 174 of 1998 entered into effect on 5 January 1999.  It is intended
to face what is described by its explanatory memorandum as ‘the
phenomenon of committing crimes under false pretences of policemen and
other officials'.  The memorandum added that this law is meant to
provide protection for the citizens against such cases of false
pretences. The new article also states that law-enforcement officers
must show their Identity Cards and other documents related to the
measure they are taking, even without the request by the persons
involved.


It must be noted that the ACIJLP had conducted a survey on this
phenomenon, and warned against the false pretences of policemen, and
stressed that this practice was possible because policemen never show
their Identity Cards. The police, and the citizens as well, used to
believe that the person against whom a specific action is taken did not
have the right to ask to see the ID of the law-enforcement officers.
The center called for an amendment of the Code of Criminal Procedure to
include an article that would commit the law-enforcement officers to
show their IDs.  However, the center welcomes the new amendment and
stresses that it will not be enough as long as it does not nullify the
procedures taken in contravention of its provisions.
 Although the new amendment entered into effect more than one month now,
the center still monitors cases of false pretences of policemen, and the
news of such cases is frequently published in newspapers.  This would
stress that citizens are still totally unaware of the right granted to
them by the new amendment.


The center would like to mention here that  article 23 of the Code of
Criminal Procedure defines the ‘law-enforcement officers' as being:
members and assistants of the Public Prosecution, policemen, police
assistants, constables, heads of police stations, mayors, chief guards
of villages and towns, and inspectors of the rail-way trains in their
domain.


It added that people in the following jobs all over the republic also
have this capacity:


1- Directors and officers of the General Investigations Unit of the
Ministry of the Interior, and its branches at the security directorates.


2- Heads of units, heads of offices, inspectors, officers, police
assistants, constables, workers at the General Security Service, and
workers at the criminal investigations units at the security
directorates.
3- Officers of the Prison Department
4- The borders police
5- Inspectors of the Ministry of Tourism


The ACIJLP urges the citizens to ask for the ID of any of the above
mentioned law-enforcement officers, particularly policemen, in case a
measure is taken against them.  It also appeals to the legislature to
provide more protection for people's rights and freedoms by nullifying
the measures taken by a law-enforcement officer in case he does not show
his ID as stipulated by the law.



The Arab Center for the Independence of the Judiciary and the Legal
Profession. (ACIJLP)
8/10 Mathab el-Manyal St.,
Manyal el-Roda,
11451 Cairo,
Egypt.

This document is published online by Derechos Human Rights