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Decree 162 on the State of Emergency (no longer in force)

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Resolution the President of the United Arab Republic o n Law No. (162) of the Year 1958
C oncerning the State of E mergency

In the name of the Nation ,
T he President of the Republic,
A ft e r review of the Interim Constitution , the Legislative Decree No. (150) issued in the Syrian
territory on 22/06/1949 o n the sy st em of the martial law , La w No. (533) of the year 1954 on
t h e sy stem o f martial law issued in the Egyptian territory , an d t h eir a m en dm en ts,
Re solv e s as fo llo w s:

ARTIC LE (1):
T he attached law is applicable in relation to the state of emergency .

ARTICLE (2):
The legislative decree no. (150) issued on 22/06/1949 and law no. (533) of the year 1954 are
c a n ce lle d as well as a ny o th er la w contradicting the provisions of this law.

ARTICLE (3):
This law is published in the Official Gazette and shall be applicable in both territories of the
Republic as pf the date of promulgation .

Issued at the P residency of the Republic on 13 Rabea Awal 1378 (27 September 1958) .

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LAW CONCERNING THE STATE OF EMERGENCY

ARTICLE (1):
The state of emergency may be declared whenever security or public order in the territories
of the Republic or in any area are exposed to risk whether due to a state of war or a state
that threatens by the breakout of war or internal disturbances or overwhelming disasters or
the spread of epidemics.

ARTICLE (2):
The declaration and termination of the state of emergency shall be enacted by a resolution
of the President of the Republic and the declaration resolution shall include the following:
One : Explanation of the condition forming the cause of the state of emergency .
Two : Definition of the area co vered by the state of emergency .
Three : The date of effectiveness .

ARTICLE (3):
Whenever the state of emergency is de clared the President of the Republic may take by a
written or verbal order the following measures:
1 – Set restrictions on the freedom of persons to meet, move, reside or pass in certain
places or times , arrest the suspected persons or those representing danger to the
security and the public order, detain them, permit the inspection of persons and places
without abidance by the provisions of the procedural law as well as assigning any person
to perform any task.

2 – Order monitoring letters whatever their type may be, monitoring newspapers,
publications, editions, drawings and all means of expression, advertisement and
announcement before dissemination and to control, expropriate them and close the
places of printing them.

3 – Schedule opening and closure of the public shops as well as ordering the closure of all or
some of these places.

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4- Seize any movable property, real estate, order imposing receivership on companies and
corporations as well as postponement of payment of debts and due liabilities payable on
the seized properties or those on which receivership is imposed.

5 – Withdraw permits of arms, ammunitions, explosives or fireworks of different types and
order delivery and control of the same and closure of the arms stores.

6 – Evacuate or isolate certain areas, organize transport means, restrict and limit transp ort
between different areas. By a resolution of the President of the Republic it is also
permissible to expand the scope of rights stated by the precedent article provided that
this resolution is presented to the national assembly at its first meeting.

ARTICLE (3) BIS 1
In accordance with the previous article the detained person has the right to complain
against the order of arrest if six months elapsed from the date of issue without being
released. The complaint shall be through a request submitted wit hout payment of duties to
a Supreme State Security Court formed pursuant to the provisions of this law and the Court
decides on the complaint immediately. The release decision of the Court shall not be
effective except after ratification by the President o f the Republic.

ARTICLE (3) BIS ( A) 2
Whoever having receivership imposed on his properties pursuant to the above article and
whoever concerned shall have the right to complain against the order of receivership
imposition or complain against the procedur es of enforcement. The complaint shall be
through a request filed without payment of duties to a supreme state security court formed
in accordance w ith the provisions of this law in which litigation shall be between the
administrative agency assuming the e nforcement of the issued order imposing receivership
and the person to whose properties receivership was imposed if the request was filed from
another person other than him. The court decides on the complaint by confirming the order
or amending it. The decision of the court cancelling the order imposing receivership may not
be effective except after ratification by the President of the Republic. Whoever whose
complaint was refused m ay file a new complaint whene ver six months elapse from the date
of refusal.

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ARTICLE (4):
The security forces or armed forces shall assume enforcement of the orders issued by the
President of the Republic or whoever may represent him. If the armed forces assume such
enforcement its officers and adjutants starting by the rank appointed by the Mi nister of War
shall have the authority to initiate minutes of violations committed against those orders.
Each employee or a public agent should assist them within his capacity or competence to
undertake su ch task s and the minutes evidenc ing those violation s of this law are applicable
until the contrary is established.

ARTICLE (5):
Without prejudice to any severer penalty provided b y the applicable laws the President of
the Republic or his representative may punish whoever may violate the issued orders by the
punishments provided by those orders provided that such punishment may not exceed the
temporary hard labor or a fine of four thousand Egypt ian Pound or forty thousand Lira and if
those orders did not mention any penalties for the violation which pr ovisions were violated
the violator shall be punished by imprisonment of no more than six months and a fine not to
exceed fifty Egyp tian Pounds or five hundred Lira or one of these two penalties.

ARTICLE (6):
V iolators of orders issued in accordance with this law and the crimes defined by these orders
may be detained immediately. The detained in crimes other than those prejudicing the
internal and external State security crimes and other crimes for which definit ion shall be
issued by an order of the President of the Republic or whoever may represent him may
complain against his imprisonment to the competent court. When considering the case the
court may issue a decision of temporary release of the accused whateve r the crime he is
sentenced in may be and the decision of the court in the crimes of internal and external
security of the State or the crimes definition of which is issued by an order of the President
of the Republic is subject to ratification of the Pres ident of the Republic or his
representative.

ARTICLE (7):
The State penal courts (primary courts) and the Supreme Courts decide on crimes
committed in violation of the provisions of the orders issued by the President of the
Republic or his representative. Each department in the State Security Penal court in the

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Primary Court is formed of one of the magistrates of the court and is actually competent in
crimes punished by impr isonment or fine or by one of t hese two penalties. The higher
department of the State security in the appeal court composed of three counsels is
competent in considering the crimes punished by the penal punishment and the crimes
defined by the President of the Republic or his representative whatever the type of the
punishment may be. The action is initiated before the State security courts by a member of
the public prosecution staff. The President of the Republic may exceptionally order the
formation of the penal department of the State security by one or two magistrates of the
armed forces officers in a captain rank or at least the equivalent and the formation of the
Supreme State security court of thee counsels and two off icers of the command officers. The
President of th e Republic appoints members of the State security courts after having the
opinion of the Minister of Justice for magistrate s and counsels and the opinion of the
Minister of War in relation to officers.

ARTICLE (8):
In areas subject to a special judicial system or in relation to certain cases the President of the
Republic may order the formation of the State security departm ents provided by the
precedent article from officers and the court in this instance applies the procedures
pr ovided by the President of the R epublic in its order of formation. The Supreme State
security department is formed in this instance of thre e officers from among the
commander s and one of the officers or a member of the public prosecution shall assume the
function of the public prosecution.

ARTICLE (9):
T he President of the Republic or his representative may refer cases punished by the
common law to the State security courts.

ARTICLE (10):
Save for the procedures and rules provided in the following articles or the orders issued by
the President of the Republic the provi sions of the applicable laws in investigatio n of cases in
which the State security courts are competent as well as provisions, procedures of
consideration , ruling thereupon and execution of the decided penalties are applied. In the
investigation the public prosecution shall have all authorities vest ed thereupon and the

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investigation magistrate and the accusation room (referral magistrate) shall have all powers
pursuant to these laws.

ARTICLE (11):
The civil cases are inadmissible before the State security courts.

ARTICLE (12):
In no way it is impermissible to contest the verdicts issued by the State security courts and
these verdicts are not final except after being ratified by the President of the Republic.

ARTICLE (13):
The President of the Republic may keep the case before being submitted to the court and he
may also temporarily release the detained accused before the referral of the case to the
State security court.

ARTICLE (14):
The President of the R epublic may, upon presentation of the verdict to him, alleviate the
d ecided penalty, replace it by a lesser penalty, cancel the penalties in whole or partially of
whatever type they may be whether, original, supplementary or consequential or he may
order suspension of the whole or part of the penalty and he may cancel the v erdict together
with keeping the case or ordering resentencing before another department and in this latter
case the decision must be caused. If the issued verdict aft er resentencing decides innocence
it must be ratified in all cases and if the verdict is conviction the President of the Republic
may alleviate the penalty, stop implementation or cancel it pursuant to the stipulation of
paragraph one or he may cancel the verdict together with keeping the case.

ARTICLE (15):
After ratification of the conviction verdict the President of the Republic may cancel the
verdict together with keeping the case, alleviate the penalty or stop execution pursuant to
the stipulations of the precedent article and a ll this unless the crime on which a v erdict is
issued is a premedi tated or complicity one.

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ARTICLE (16):
By a decision of the President of the Republic he may delegate one of the counsels of the
appeal court or an attorney general provided that he is assisted by a sufficient number of
magistrates and employees. His job shall be to ascertain the authenticity of the procedures
and examine the grievances of the concerned and give opinion . For each crime the counsel
or the attorney gen eral deposits a caused memo of his opinion which shall be submitted to
the President of the Republic before ratification of the verdict. In the summary cases the
counsel or the attorney general may confine to registration of his opinion on the margin of
th e verdict.

ARTICLE (17):
The President may delegate someone to represent him in all or part of his competencies and
in all the territories of the Republic or in a specific area or areas thereof.

ARTICLE (18):
This law does not entail any prejudice of the rights of the commander of the military forces
in a state of war in the military action scene.

ARTICLE (19):
Upon the conclusion of the state of emergency the State security courts remain competent
in considering the cases already referred to and pursue consideratio n of such cases in
accordance with its procedures. However, for crimes in which the accused were submitted
to courts they shall be referred to the normal courts and the procedures followed therein
shall be followed.

ARTICLE (20):
The p rovision of paragraph one of the precedent article is applied to the cases which the
President of the Republic decides resentencing in accordance with the provisions of this law.
The President of the Republic shall maintain all powers decided by virtue of the previous law
in relation to the verdicts issued by the State security courts before abrogation of the state
of emergency but not yet ratified and the verdicts issued by these courts in accordance with
the provisions of the previous article .

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