Carter Center proposes civilian oversight of military

The Carter Center proposed amendments to the newly passed Constitution in a statement Wednesday, suggesting a step-down from what it called “extraordinary privileges” handed to the military and judiciary.

The Constitution should also grant more guarantees for basic rights in Egypt, the statement warned.

The Carter Center, a human rights NGO operating in Egypt which was founded by former US President Jimmy Carter, said in its statement that the new Constitution made some progress regarding human rights. At the same time the center suggested 11 amendments aimed at strengthening the protection of human rights and to "hold the Supreme Council of the Armed Forces and the judiciary accountable to the people."

The new Constitution was passed in January with a majority of over 98 percent.

The statement said that the environment in which the constitutional referendum took place undermined its core principles, referring to the widespread arrests and security crackdown that took place throughout the drafting process and referendum.

The center suggested an amendment that allows the Egyptian parliament to discuss details of military expenditure included in the annual budget, arguing that “civilian authority over the military is an essential feature of democratic societies.”

The Constitution states that a National Defense Council would be responsible for discussing the budget of the Armed Forces which would be listed as a single figure in the state budget.

It also states that the council shall be consulted about bills discussed in the parliament relating to the military.

The center also proposed banning the use of military trials even in cases of emergency, given Egypt’s history of abusing this provision. It also suggested clearer specifications determining when a state of emergency can be imposed, and if one is put in place, how civilians' rights would be protected.

The current Constitution leaves the details of the declaration of a state of emergency to the law, and permits the use of military trials of civilians in crimes that constitute an assault on the military.

The center also suggested putting in place a selection process for the Supreme Constitutional Court to replace the current system, in which the court chooses its own members. It also proposed civilians be given access to appeal at the Supreme Constitutional Court once they have exhausted all other legal options.

The Carter Center put forward other amendments to the Constitution so that press freedoms, women's representation and other fundamental rights would be better protected.

Freedom from torture and the right to a fair trial are also mentioned in the statement.

Since July 3, thousands have been arrested, many kept in administrative detention without trial. Several reports have included accounts of torture and inhuman treatment in Egyptian prisons.

The Carter Center deployed election witnesses in both the 2011-2012 parliamentary elections and 2012 presidential elections.

The center did not, however, monitor voting in referenda and has deployed a small mission to focus on the legal and political context of Egypt's ongoing transitional period.