Dr. Fawzī Fahmī writes about the new code for combating terrorism and the necessity of applying it under judicial control.
Dr. Fawzī Fahmī writes about the new code for combating terrorism enshrined in the reforms to the Egyptian Constitution proposed by President Mubārak in December 26, 2006. The author believes in the necessity of a constitutional safeguard of a new code for combating terrorism. In this context, there has to be a firm and clear-cut definition of terrorism that distinguishes between a criminal act that uses violence to achieve gains governed by the criminal code on the one hand, and the destruction that endangers and targets an entire community’s public safety. He adds that terrorism, being part of a political struggle, is based on organized violence, threats, and destruction. The author highlights that any definition of terrorism disregards the ultimate goal of terrorism. The terrorist act is just a means to achieve the actual and further objective of terrorism. If terrorism is a system of political struggle, the terrorism code should combat consolidating terrorism as a normal element in the political life, both internally and externally.
Here, Fahmī states that the Egyptian legislator, upon formulating the constitutional reforms concerning combating terrorism, has to isolate terrorist acts from the framework of political opposition. He has to offer a constitutional reference for strict procedures to maintain the public safety of the Egyptian community, according to the controls proposed by President Mubārak. These controls include ensuring judicial supervision of these procedures and resisting any unjustified transgression against human rights. Terrorism, as defined by the author, is the destructive thought of terrorist groups, who aim at destruction, restricting freedoms, and threatening people’s rights and security.