CAIRO – 28 November 2024: Egypt’s House of Representatives is advancing legislative measures to enhance human rights protections, particularly in pretrial detention. A joint parliamentary committee—comprising the Constitutional and Legislative Affairs Committee and the Human Rights Office—has reviewed recommendations from the United Nations Human Rights Committee and incorporated them into the draft Criminal Procedure Law currently under discussion.
The committee’s efforts follow the UN Human Rights Committee’s fifth periodic report in April 2023, which highlighted concerns about the extensive use of pretrial detention in Egypt. The report emphasized the importance of adhering to legal limits on detention durations and ending the practice of "rotating" detainees by filing new charges for similar offenses to prolong their detention.
The draft law represents significant progress in addressing these concerns by introducing amendments to limit pretrial detention durations, streamline appeals, and ensure fair compensation for unjust detention.
Key Provisions in the Draft Law:
1. Reduced Maximum Pretrial Detention Durations:
The draft law significantly limits the maximum durations for pretrial detention:
- In cases of misdemeanors, the maximum duration is reduced from six months to four months.
- For felonies, the maximum duration is cut from 18 months to 12 months.For cases involving life imprisonment or the death penalty, the limit is reduced from two years to 18 months.
- For defendants in the Court of Cassation, the draft law sets a two-year maximum detention period, whereas the current law has no specified limit.
2. Electronic Appeals for Pretrial Detention Orders:
The law introduces digital mechanisms to allow detainees to appeal pretrial detention orders electronically. This provision aims to streamline the appeal process while maintaining the traditional methods for those who prefer them.
3. Compensation for Unjust Detention:
The draft law incorporates provisions for detainees to seek compensation for unjust detention. Detainees can file for compensation for each day spent in pretrial detention if deemed unnecessary. This provision is aligned with Article 54 of Egypt’s Constitution, which calls for such measures, and addresses longstanding demands by human rights advocates.
4. Expanding Alternatives to Pretrial Detention:
The proposed amendments promote the use of alternatives to pretrial detention. Additionally, the law specifies that time served in pretrial detention will be deducted from sentences if the defendant is convicted, ensuring fair treatment under the law.
The legislative changes are designed to address both domestic and international criticism of Egypt’s pretrial detention practices. By limiting detention durations, facilitating digital appeals, and compensating unjust detention, the draft law aims to enhance judicial fairness and safeguard human rights.
These amendments align with global standards and aim to reduce instances of detainees being held excessively or on multiple charges without proper justification. They also aim to address concerns regarding detainees being kept in pretrial detention for indefinite periods.
This draft Criminal Procedure Law, spearheaded by Speaker of Parliament Hanafi Gebali, represents a critical step in Egypt’s legal reforms. By incorporating these measures, the law seeks to ensure transparency, accountability, and a more equitable judicial system.
These advancements reflect Egypt’s commitment to aligning its judicial processes with international human rights obligations, addressing long-standing criticisms, and fostering a more balanced approach to justice. This reform is expected to improve Egypt’s global human rights record and ensure that detainees’ rights are better protected within the country’s legal framework.
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