Everything you need to know about proposed amendments to pretrial detention in Egyptian law

Ahram Online , Tuesday 23 Jul 2024

The Board of Trustees of Egypt's National Dialogue will hold special sessions on Tuesday to discuss a list of proposed amendments for the pretrial detention provisions as outlined in the country’s Penal Code and Criminal Procedures Law.

Court
File Photo: The outside of South of Cairo's Court building. Al-Ahram.

 

On Monday, ahead of the anticipated National Dialogue sessions on the matter, the Supreme State Security Prosecution ordered the release of 79 more pretrial detainees.

Since the start of the National Dialogue in 2022, the prosecution has ordered the release of hundreds of pretrial detainees as representatives of the government and opposition forces hash out ways to reach recommendations and consensus on various issues toward implementing political reform.

On Monday, the National Dialogue's Board of Trustees thanked President Abdel-Fattah El-Sisi for the release of 79 more detainees in response to calls from political forces in the country.

Hossam Abu Zeid, a member of the House of Representatives, also praised President El-Sisi's backing of the release of pretrial detainees, stressing the significance of its timeliness ahead of the upcoming National Dialogue’s special sessions on pretrial detention on Tuesday.

Abu Zeid praised El-Sisi’s keenness to refer the pretrial detention file to the National Dialogue for a societal dialogue among various political forces demonstrates the state’s commitment to bolstering human rights and advancing its National Human Rights Strategy.

"The release of the detainees is a step towards building a society characterized by justice and tolerance, fostering a climate of trust, and encouraging broad public participation in the nation’s development, Abu Zeid added.

The length and mechanisms of pretrial detention have been a point of contention among various political forces.

Some human rights activists have argued that pretrial detainees, notably in cases of those facing concurrent criminal charges, should not exceed legal pretrial detention periods.

These activists say prolonged periods of pretrial detention leave the defendants and their loved ones in limbo for months at a time as they wait for formal charges, dismissal of cases, or a day in court.

Here's all you need to know about the proposed amendments to pretrial detention in Egypt:
 

- As per the Crimninal Procedures Law, terms for holding certain defendants in pretrial detention, including length of pretrial detention period and bail conditions, vary based on specific determinations made by disparate judges, magistrates, and prosecutors.

- These judicial officers make a determination in any motions by the defendant for pretrial release pending formal charges or trial.

- These officers in some cases reject motions for pretrial release pending formal charges or trial in certain cases as unjustified.

-  Pretrial detention can range from six months to two years depending on the nature of the alleged offence and the determination made by judges.

- The National Dialogue and MPs in the House of Representatives are collaborating on a project to produce a draft for new pretrial detention legislation, which would include imposing some limitations on ordering pretrial detentions and shortening maximum durations of pretrial detention.

- The National Dialogue has already received many draft bills aimed to amend the Penal Code and the Criminal Procedures law, including amending certain provisions on pretrial detention, according to the dialogue's coordinator-general, Diaa Rashwan.

Detailed proposals
 

- In March 2024, a House subcommittee issued a draft of proposals to amend the Criminal Procedures Law, which stipulate new provisions on regulating pretrial detention, including reducing the maximum duration of pretrial detention. 

- Most proposals seek to shorten the maximum pretrial detention period for misdemeanours from six to four months and release pretrial detainees held in custody for longer than said periods.

- They proposals shorten pretrial detention period for defendants in felony cases from 18 to 12 months.

- They aslo limit pretrial detention period to 18 months down from two years in capital cases.

- The proposals stipulate approaching pretrial detention as a precautionary measure rather than a punishment, according to Essam Shiha, a member of the National Council for Human Rights.

- Human rights activist Negad El-Borai, a National Dialogue's Board of Trustees member, has proposed setting time-frame limits on investigations.

- Pretrial detainees would be released under restrictions, such as travel bans or bail, in case investigations are not completed within this time frame, El-Boraei told the media on Sunday.

- The parliament draft law includes protections against torture or physical coercion for those in pretrial detention, according to MP Ehab El-Tamawy, the head of the House subcommittee that prepared the amendments.

- The draft also allows pretrial detainees to seek a lawyer and to file a grievance before the court, added El-Tamawy.

- The amendments also addressed other provisions in both the Penal Code and Criminal Procedures Law other than those related to pretrial detention, including allowing those convicted of a felony to appeal a verdict on two separate judicial degrees.

- Moreover, incarceration would be abolished againsat those who fail to pay money owed to the state, replacing it with mandatory public service.

- The amendments would also also stipulate measures to ensure that travel bans and asset freezes do not violate individuals' rights to freedom of movement, residence, or protection of private property.

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