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The rights of movement and traveling
The rights of movement and traveling
Brother worker, and sister woman worker;
Personal freedom is an untouchable right; this right can't be violated neither by a judicial order or an ordered released from the D.A., according to the article no.(44) in the Egyptian constitution, which states that:
"It is forbidden to restrict any citizen from staying in a certain place or to order him to stay in a particular place, except in cases clarified in the constitution, article (50). It is forbidden to deport any citizen from the country or preventing him from arriving back to it, article (51). International conventions, as well, has guaranteed this right; each individual, who stays legally in a territory of a certain, has the right to move from a place to another, and the right to choose his place of residence. These conventions has stated also that any individual has the right to depart any place, including his home state, where such a right doesn't have any restriction except what shall be stated in the laws of national security, laws of public health, law of protecting the rights of others. There are many additional international concepts that are in compliance with rights stated in the new agreement, like:-
-No one shall be prohibited arbitrarily from entering his home state (Article 12 of the international agreement of political and civil rights. Therefore, in order to apply what is stated in that article:
Each citizen has the right to move and stay in any place inside his country, except in the situations stated in the law exclusively. Each citizen also has the right to leave his country and return back to it.
-No citizen shall be prohibited from his right to transport freely except by a justified order released by the judge and D.A who have jurisdiction to release such an order.
Some restrictions on the right of transportation:
1- Putting any person under the surveillance of the police, based on judicial decision, where the person has to present himself to the police office, where he stays, daily, only when the judgment must be executed because it has exhausted all means of appeal.
2- Issuance of judicial decision that restricts some person from staying in a particular place or visiting it; however the judgment must state this order explicitly, and this restriction can't last for more than 5 years. (Article 88 of the criminal law).
3- In all cases when a judgment is released against some person, this judgment must be final and has exhausted all ways of appeal.
Restrictions on the right of residence:
No restriction shall be put to handicap the right of residence, except in the following cases:
A- Issuing a decision by the governor or the chief of the national security department that restricts the residence of a person- who committed a crime that was punished by sentence, life time imprisonment, or hard labor imprisonment, where the crime has been deactivated by prescription- in the place where the crime was committed.
B- Issuing a judicial decision against some persons in the crimes that harm the public interest.
Restrictions on the freedom of travel:
Citizens may not be prevented from traveling except in cases provided by law, also state shall not issue a decision on prohibition, except in the following cases:
- The courts orders and its decision are enforceable.
- Socialist Public Prosecutor.
- Attorney-General.
- Head of General Intelligence.
- Director of Military Intelligence.
-The director of personal affairs, social services of the Armed Forces.
-The Military Prosecutor
But we note on these procedures the following:
A - The jurisdiction request for travelling was introduced to the interest of travel documents and immigration citizenship, director of the lists and the Director has to consider such requests.
B - Persons who have been barred from traveling have the right to progress grievance to lists management of interests, travel documents, immigration and nationality for a committee formed for this purpose consists of the Assistant Interior Minister Major, Counselor of State for the advisory opinion as Chairman, General Director of Passport, Immigration and Naturalization Service's member and a delegate from where the Listing requested.
In any case, citizens whose freedom of travel has been restricted after the rejection of the previous complaint, they have the right to asylum to the Administrative Court to nullify the resolution of prevention and the Land Center for Human Rights notes on the previous points, the following:
1- Widening the circle of those who have the right to ban six points and only two judicial appointments instances.
2- Decision did not require being causing resolutions even local authorities can monitor their legitimacy.
3- Decision did not stipulate a limit to the extended listing.
4- Appeals Committee chaired by the Assistant Minister of Interior and includes only one judicial figure.
5- Decriminalized Article III of Act No. 162 of 1958 on the state of emergency to the President and each of the interior minister and prime minister on the authority of the President to do so when they declared a state of emergency restrictions on the freedom of people in the assembly.
PCHR calls upon all civil society organizations campaigning for the rights of citizens to travel and travel and accommodation accessible to the provisions of the Constitution and international covenants on human rights.