Procedural protection of personal freedom in the pre-trial stage of terrorist crimes trials ( Comparative study )

Abstract

Given the severity of terrorist acts, the legislator has intervened in most States to issue special procedures to deal with terrorist crimes. These measurements have been characterized by their severe violations of the privacy of those suspected of committing such crimes. This clear fact cannot result in wasting the guarantees established to protect the individual freedoms of human beings, and the result of pushing terrorism by all means cannot be taken for granted, no matter what results in the violation of rights and freedoms. The Egyptian legislator issued the Anti-Terrorism Law No. 94 of 2015, which included some procedural rules related to investigating and inferring terrorist crimes. Through reviewing of this law, it became clear that it corresponds to a large extent with the provisions of the Egyptian constitution amended in 2014. Legal challenges to combating terrorism have become an important and decisive necessity in an era in which the values of the rule of law, democracy and human rights, which have become part of the world conscience, have prevailed. Hence, confronting crime has become an important aspect of the legal system. In preventing or punishing crime or in apprehending offenders, and between human rights requirements. We must emphasize that the weapon of terrorism must be fought with the weapon of justice, that the corrupt idea must be combated by a valid one, and that harm should not be dealt with by such harm. The law must be protected by law, because control is not by adding terror to terrorism, misery to misery, but with being primarily concerned with the defense of the rule of law. Hence, the comprehensive confrontation of terrorism cannot be immune to the rule of law and the principles of human rights. Therefore, a fair balance must be struck between the legitimacy of the security challenges and the fight against terrorism, on the one hand, and the protection of the basic rights of the human being, above all the right to personal liberty on the other.