Written by Amr Ismail
The South Cairo Court of First Instance recently referred Law No. (124) of 1983, concerning fishing in lakes, to the Supreme Constitutional Court. This referral was based on a request from the Land Center for Human Rights, which had filed a lawsuit on behalf of fishermen in Lake Edko, case number 11480 of 2001. The fishermen complained that the River Police confiscated boats and nets found at the scene of any violation, even something as minor as forgetting their fishing license.
Since the second paragraph of Article (52) of Law 124 of 1983, which is being challenged, grants the River Police the authority to seize boats, fishing gear, and water pumps when violations stipulated in the same law are committed, the Center has challenged the constitutionality of this law. This challenge is based on the argument that the authority granted to the River Police by the legislator, while ostensibly for seizure, is in reality for confiscation. This leads the authorities to store boats and nets in their warehouses, resulting in the nets becoming damaged, spoiled, and unusable for fishing again. This, in turn, burdens fishermen with the costs of purchasing new nets and fishing boats at a time when they are already struggling with low incomes due to the current economic conditions.
Although, in the event of a conviction, the seized items are confiscated, and in the event of an acquittal, the accused receives their tools after they have been damaged and spoiled in the stores of the River Police, the authority to seize items found at the scene of the violation, granted by the legislator to judicial officers in the event of one of the crimes stipulated in Law 124 of 1983, specifically in the second paragraph of the challenged Article (52), contradicts the protection afforded by the Constitution to private property as one of the values โโit safeguards and preserves, and which may not be infringed upon except in exceptional circumstances or by altering its legal basis.
Furthermore, it contradicts the presumption of innocence inherent in every human being, which is affirmed by the Egyptian Constitution and all relevant international conventions. Therefore, this presumption cannot be undermined by mere conjecture, but rather must be overturned by evidence derived from the case file, by the scales of justice, and with due diligence and insight. This can only be done if the accused is convicted by a final and irrevocable judgment.
The center appeals to the River Police to cease confiscating fishing boats upon issuing a violation notice until a ruling is issued on the appeal against the constitutionality of Article (52) of Law 124, in order to uphold the rule of law and guarantee their rights to a safe and dignified life.
