Explained: Powers of the Forestry Police

According to Decree No. 26, issued on September 12, regarding the formation and duties of the Forestry Police, this force is a sworn and armed executive body vested with the powers of the judicial police. Its main task is to protect forests and forest lands and combat all types of crimes listed in the Forestry Law No. 39 of 2023, including removing property extortion from forest land. Property extortion is defined as the seizure of another’s property without their consent and without legal justification.

The Forestry Police exercises their powers through patrols that monitor the condition of forests. They are authorised to arrest those who commit forestry crimes, conduct preliminary interrogations, detain suspects, and file reports before referring them to the judiciary. The Forestry Police include a chief, an officer, the head of the forestry post, and forest guards. They operate under the Ministry of Agriculture and Agrarian Reform, which provides them with all necessary equipment to perform their duties, such as weapons, ammunition, uniforms, and more.

The Forestry Police has the authority of the judicial police in matters concerning crimes committed against forests. According to the Criminal Procedure Code No. 112 of 1950, the judicial police are entrusted with investigating crimes, gathering evidence, arresting offenders, drafting reports, and referring them to the courts responsible for imposing penalties.

Decree No. 26 of 2024 and its executive instructions grant the Forestry Police the authority to remove the property extortion or any unlawful occupation of forest land, based on a decision from the Minister of Agriculture. Subsequently, a technical committee formed by the Minister of Agriculture assesses the condition of the trees on the seized forest land and may recommend measures to restore the forest to its original state. The Ministry of Agriculture requires the extortionist to remove any constructions or buildings on the land, or the ministry may carry out the removal and reforest the land at the extortionist’s expense, who is not entitled to any compensation.

Additionally, the extortionist must pay twice the rent value for each year of occupation, which is collected following the procedures used to recover public assets, including gradual incremental measures like the seizure of movable and immovable assets of the extortionist. This process is regulated by the Public Assets Collection Law No. 341 of 1956 and its amendments, which govern the seizure and auction sale of the seized property. The rent value refers to the compensation due when no agreement is reached on the rent for occupying a property and is equivalent to the rent of similar properties in terms of area, location, and features.

In this sense, removing any property extortion from forest land is an administrative procedure carried out by the Forestry Police. Afterward, the case is referred to the court, which then examines the facts and determines the availability of evidence. Upon the conclusion of the investigation and trial, the court issues its ruling, either convicting or acquitting the defendant.

Administrative removal of property extortion can sometimes lead to violations of property rights, as these actions are taken before the offence is referred to the judiciary. In contrast, the removal of real-estate property extortion or recovery of possession is a judicial process, not an administrative one. In the case of real-estate property extortion, the owner must file a property extortion lawsuit in court, which conducts a local investigation, performs an on-site inspection, and questions neighbours about the property’s possessor to verify the occurrence of extortion. If extortion is proven, the court orders the removal of the extortionist, and the judicial ruling is enforced by the police. Thus, the process is conducted through judicial means.

The administrative removal of the extortion from forest land is similar to the authority granted to governors under Local Administration Law No. 107 of 2011, allowing them to remove obvious extortion from property. Obvious extortion refers to the unlawful seizure of property, which may lead to disputes that could cause public disturbances. In such cases, the property owner may submit a request to the governor for the removal of the extortionist. The governor, as an urgent administrative measure, may order the removal of the extortionist and the return of the property to its owner or a third party until a court ruling is issued, which could amend or overturn the governor’s decision.

Forestry Law No. 39 of 2023 imposes penalties on violators ranging from temporary imprisonment to life imprisonment, and even the death penalty, depending on the type and severity of the offence and its consequences, in addition to fines. Moreover, the law mandates the removal of buildings constructed on forest land, with the extortionist bearing the costs. In this respect, removing the extortionist from forest land resembles the removal of unlicensed buildings under Decree No. 40 of 2012, concerning the demolition of buildings that contain violations. In both cases, the violation is removed by the local administrative unit at the expense of the violator, before the case is referred to the judiciary. No settlements are allowed in either case.