By Claudia Ionita
“Covid-19 has peeled away the last fig leaf covering Egypt’s grossly unjust pretrial detention system by eliminating even a pretence of independent review.” These are the words of Joe Stork, the deputy Middle East and North Africa director at Human Rights Watch. And they are alarmingly true. Since March 10 2020, the Egyptian Interior Ministry has taken an unprecedented step in the country’s history and has decided to keep all of its detainees in complete isolation. All individuals who are currently detained in one of Egypt’s prisons are no longer permitted to receive or make phone calls, meet visitors or interact through written means with the outside world. Furthermore, the Government now automatically extends the period of pretrial detention. These measures, which have all been taken under the umbrella of the Covid-19 pandemic, can be seen as a step away from fairness and democratic values.
The state has now given legal permission to judges and prosecutors to renew detentions (the period of time for which one is required to remain in official custody) without first holding hearings for them or giving the opportunity for the lawyer of the defence team to submit their pleas. Instead, the Supreme State Security prosecutors and criminal courts, whoa re responsible for reviewing pretrial detentions that extend five months extended pretrial detention automatically for all detainees, without taking into consideration any of their specific circumstances or mitigating factors. Since the beginning of this month alone, over one thousand of detainees have had their period of detention renewed without being present to a hearing regarding this decision. In many cases the lawyers of the accused were poorly informed of the decision, learning from prosecution employees about the decisions taken in their absence.
Both African and International law specify that pretrial detention should be utilised only in exceptional occasions, for instance if the accused could represent a risk of flight or a potential danger to the witnesses involved. Even in such circumstances, it is preferred that the pretrial detention would last as short as possible. Furthermore, as mentioned in the International Covenant on Civil and Political Rights (ICCPR), pretrial detainees have the right of being heard:
“Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.”
Not only this right being overlooked at the moment: it could be argued that the right to liberty is undermined as well. People have the fundamental right of liberty, as shown in Articles three and nine of the Universal Declaration of Human Rights:
Article 3
“Everyone has the right to life, liberty and security of a person.”
Article 9
“No one shall be subjected to arbitrary arrest, detention or exile.”
However, under this time of crisis, the government has suspended these unalienable rights. For Egypt however, it is not the first time when legal and judicial abuse is carried out. Under the controversial leadership of President Abdel Fattah al-Sisi, it has become a common practice for prosecutors and judges to keep thousands of citizens in long periods of pretrial detention, in many cases without evidence of wrongdoing being present to begin with. Some of those who do end up in such situations are political dissidents and people who have spoken up against the Government. According to Egyptian law, the State’s prosecutors have the ability to hold someone in detention for 15 days, a period which can then be renewed for up to 5 months without judicial review, after which judges can order them held for 45 days, renewable for up to 2 years without trial.
Disconcerting is also the fact that, even in normal circumstances, after the authorities in order a person’s release, prosecutors proceed to add the detainee to a new case, an action which human rights groups in Egypt have named “recycling,” Activists argue that prosecutors use this tactic in order to avoid releasing people who exceeded the two-year limit in detention without trial, or who had finished serving their sentences. It is speculated that hundreds of detainees have as of now been held beyond the legally specified two-year limit. Earlier this month, the egyptian President approved further amendments to the Emergency Law. These amendments are related to the authority to shut courts, but specify that should not prevent pretrial detention reviews from continuing and hearings without the defendants being present are still held. While now the possibility of establishing a video conference system to “virtually” meet the suspects without bringing them out from detention is being considered, there is still not a consensus on whether it will be implemented or not.
The situation in Egypt is an example of how Governments can take advantage of unprecedented events such as the Covid-19 pandemic in order to further push the boundaries of democracy and lawfulness. While no one knows when the current health crisis will end, one thing remains certain: things might never be the same again.
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