Egypt

Recommendation from Sisi Regarding Pretrial Detention

Recommendation from Sisi Regarding Pretrial Detention

The spokesperson for the Egyptian presidency, Ahmed Fahmy, stated that "President Abdel Fattah El-Sisi has directed the government to address the recommendations of the national dialogue concerning pretrial detention." Sisi said, "My response to the recommendations of the national dialogue stems from a sincere desire to implement the provisions of the Egyptian constitution and the national strategy for human rights." The president also emphasized "the importance of reducing the maximum limits for pretrial detention periods and maintaining the nature of pretrial detention as a precautionary measure necessitated by the need for investigation, without allowing it to turn into a punishment, while activating various alternatives to pretrial detention, and the importance of compensation, both material and moral, for those subjected to wrongful pretrial detention."

The draft of the new criminal procedure law prepared by the subcommittee in the House of Representatives, in Chapter Seven, establishes the rules regarding pretrial detention and its alternative measures, setting a maximum for pretrial detention in misdemeanors and felonies, and serious crimes punishable by death and life imprisonment that must not be exceeded. The project regulates rules and procedures for pretrial detention and measures, granting the prosecuting attorney the authority to issue a decision for a pretrial detention of 4 days in cases of misdemeanors and felonies punishable by a prison sentence of not less than one year. If a member of the prosecution wishes to extend pretrial detention afterward, it must be done by a decision from the summary judge, following a hearing with the defendant and the prosecution for periods not exceeding 15 days each, and not exceeding a total of 45 days.

If the investigation is not completed and the prosecution sees the need to extend the pretrial detention period, the documents are presented to the appellate misdemeanors court to issue an order to extend the detention or measures for consecutive periods not exceeding forty-five days each, if necessary for the benefit of the investigation, or to release the defendant or to terminate the measure as the case may be. The matter is submitted to the Attorney General if the defendant has been detained for pretrial purposes for ninety days, for him to take the necessary measures to complete the investigation.

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