The build-up of frustration and injustice caused by more than thirty years of abusive police practices was one of the drivers of the 25 January uprising which brought down the Ministry of Interior on its fourth day.
Over a month since its fall, a noticeably softer version of the police returned to the streets. Starting a new era in the relationship between the people and the police, awareness about the constitutional restraints that control the police’s interaction with the people is critical to keep the relationship from reaching another breaking point after a few years.
“We have two problems concerning the relationship between the police and the people: People are scared of the police, and they don’t know their rights,” says lawyer Ali Yassin.
The fear barrier has been broken by the revolution and the only remaining barrier standing between the people and their rights is to actually know and demand them.
Citizens have the right to see an officer’s identification before he applies any steps toward them, be it search, arrest or even just asking for an ID. This protects people from becoming the victims of a scam by fake cops.
Article 41 of Egypt's Constitution states that personal freedom is a natural right that is not to be violated. According to Article 41, officers are not allowed to search a person, arrest him or limit his liberty in any form without a warrant from the public prosecutor or a judge. The only exception to this rule is if the officer witnesses a crime in progress: In such a case the officer is permitted to restrict the suspect’s liberty in order to catch him while committing the crime.
This article also applies to searches of homes, cars, work places or any private space. Unless the officer has a search warrant from the general prosecutor or sees a crime in progress, you have every right not to let him in.
Police conduct is also governed by international law: Officers are prohibited from insulting or physically assaulting citizens, even criminals, and must treat them humanely.
In case of arrest, the detained is entitled to have a lawyer with him at all times. If the lawyer isn’t allowed into the police station, which frequently happens in Egypt, the detained person can protest by declining to sign the police report.
The law states that the detainee should be transferred to prosecution in less than 24 hours, contrary to practice in Egypt, with suspects often being detained in police stations for days with out being charged.
Even if in full knowledge of their rights, it may still be difficult to keep officers from violating them, but there are some measures that can be taken to make sure the violators are punished.
If a person is arrested without a warrant, they should complain to the prosecutor as soon as they are brought to him for investigations, or contact family or a lawyer to send a complaint to the general prosecutor.
If a person is physically assaulted by an officer in any way, they should demand a physical examination on arriving at the police station to document the injuries and should notify the general prosecutor of what happened when they meet him for investigations.
The law criminalizes any sort of assault on citizens by officers, even if only verbal. Charges should be pressed against any officer who crosses that line.
Yassin says that many officers who arrest people wrongfully or assault them go unpunished because the victims fail to prove the crime. He says that the best thing to do is to bring two eyewitnesses from the scene where the violations occurred, to testify against the officer.
He adds that when faced with a violation by a member of the police, the person should object, and report the violation, but should not assault the officer in order not to face charges of assaulting an officer on duty.
Article 179 of the Egyptian Constitution has allowed practices that violate personal liberties, from arbitrary arrests to breaching privacy, under the pretext of fighting terrorism. After being abused to wrongfully detain activists for years, this article is one candidate for cancellation among other constitutional amendments up for referendum next Saturday.
It remains to be seen whether or not the police will clean up its act after the humbling defeat it underwent during the uprising, but part of the responsibility lies also on the people, who need to be aware of their rights and to assert them with courage.
