Egypt: Criminal Procedure Code Delay Sparks Prison Protests

• Prison protests erupted across Egypt following the postponement of the new Criminal Procedure Code's implementation.
• The anticipated legal reforms, which offered hope for ending prolonged remand detention, are now delayed until October 2027.
• Security forces reportedly responded to the demonstrations with punitive transfers, known as "taghreeb," moving detainees to distant facilities.
• Journalist Ismail al-Eskandarany was among those reportedly subjected to "banishment" from the 10th of Ramadan Center to Wadi al-Natroun prison.
• Human rights lawyers are demanding urgent investigations into alleged violent transfers and abuses, while official bodies offer conflicting accounts.

The abrupt postponement of the Egyptian Criminal Procedure Code's implementation until October 2027 has ignited widespread protests within several prisons, shattering detainees' hopes for an end to their prolonged remand.

A wave of unrest has swept through multiple Egyptian correctional facilities over the past three weeks, triggered by the unexpected postponement of the new Criminal Procedure Code. Detainees, who had anticipated the law's implementation on October 1 as a potential pathway out of prolonged remand detention, saw their hopes dashed when the effective date was pushed back by several years. This abrupt delay sparked demonstrations within the prisons, which security forces reportedly met with punitive measures.

Among these measures is the practice known as "taghreeb," or banishment, involving the transfer of prisoners to facilities located further from their families. Human rights lawyer Mahienour al-Massry reported on October 1 that her client, journalist and researcher Ismail al-Eskandarany, was subjected to such a transfer. Eskandarany, along with other detainees, was allegedly moved violently from the 10th of Ramadan Correctional and Rehabilitation Center's Prison 6 to Wadi al-Natroun prison, with some sustaining injuries during the process. Massry promptly telegraphed the public prosecutor, demanding disclosure of Eskandarany's current location and an urgent investigation into the circumstances of the transfer and any alleged assaults, including calls for forensic medical examinations.

Another human rights attorney confirmed that several of his clients, held in political cases, were similarly transferred from the 10th of Ramadan prison to Gamasa prison following protests. Accounts from detainees' families indicate that demonstrations at Prison 6 involved large numbers of prisoners chanting slogans, protesting their detention conditions, and refusing to return to their cells after recreation time. Riot police intervened to disperse these gatherings, after which prison authorities began transferring numerous detainees. One prisoner was reportedly placed in solitary confinement as a disciplinary action after initiating a hunger strike.

The anticipated reforms to Egypt's Criminal Procedure Code, which were widely expected to address issues of prolonged remand detention, have been significantly delayed. What was initially slated for implementation on October 1, offering a glimmer of hope for numerous detainees, has now been postponed until October 2027. This decision effectively closes a crucial window of opportunity that many believed would lead to the release of dozens of individuals held in pre-trial detention.

The abrupt postponement of the Egyptian Criminal Procedure Code's implementation until October 2027 has ignited widespread protests within several prisons, shattering detainees' hopes for an end to their prolonged remand. This legislative setback means that existing procedures for remand detention will remain in force for the foreseeable future, contrary to the expectations of many legal observers and human rights advocates who had anticipated significant changes to the system.

In the wake of these events, the Interior Ministry has repeatedly denied that any protests or abuses are occurring within prisons, issuing its most recent denial on October 2. Conversely, the Public Prosecution has yet to release any statement regarding the claims. Meanwhile, the state's National Council for Human Rights (NCHR) has announced its intention to visit several prisons from which complaints have been received. However, the NCHR's deputy head, Mohamed Anwar al-Sadat, also stated that the council has received "assurances" from both the prosecution and the Interior Ministry that prison conditions are "normal."

Despite official assurances, lawyers and human rights defenders continue to receive reports from concerned families and document incidents of alleged violations. They have collectively called for an independent investigation into the potential abuses against detainees. These calls underscore a significant divergence between official narratives and the accounts emerging from legal representatives and families, highlighting the urgent need for transparency and accountability regarding the treatment of prisoners amidst the ongoing unrest.

Lawyers representing detainees in Egypt must be aware that the anticipated changes to remand detention under the new Criminal Procedure Code are delayed until October 2027, meaning existing procedures remain in force. Furthermore, they should anticipate and actively monitor for punitive transfers ('taghreeb') and potential human rights violations against their clients in response to prison protests, requiring diligent documentation and potential legal challenges or complaints to authorities like the Public Prosecution or NCHR.

Source: Original reporting via Mada Masr