Egypt rights lawyers say new prison law legalises abuses

Egypt rights lawyers say new prison law legalises abuses
New amendments to prison laws which give administrators wider leeway for the use of force 'legalise' violations in Egypt's prisons.
3 min read
27 October, 2015
Conditions in Egyptian prisons fall well below international standards [Getty]

Egyptian human rights lawyers said on Monday they are concerned that new amendments to prison laws, which give administrators wider leeway for the use of force, could open the door to more violations in Egypt's prisons, despite some amendments they see as positive.

Egyptian President Abd al-Fattah al-Sisi issued the amendments and additional articles on Sunday, according to local media.

Highlights of the new laws

- Four kinds of prisons are defined: penitentiaries, general prisons, centralised prisons and maximum-security prisons

- Inmates who violate rules can be put in solitary confinement for up to 30 days    

- Other punitive actions include suspending privileges, downgrading accommodations and placing inmates in "highly guarded, specialised rooms" for up to six months.

- Female prisoners have the right to retain their new-born children until the age of four.

- Sentenced prisoners have a right to make phone calls for an unspecified fee.

- Released prisoners can travel freely within the country if they are no under probation.

- Foreign remands will be designated special places inside prisons.

- Delegations, consulates and embassies can be issued permits to visit foreign-born inmates.

- Individuals in pre-trial detention have the right to request "furnished rooms" for a fee that shall not exceed 15 Egyptian pounds ($1.8) a day 

One amendment for example allows prison officers to use force against prisoners who resist orders based on laws or prison regulations, beyond the previously authorised use of force for self-defence and to prevent an escape attempt.

"This is a legal cover to all forms of violence that could occur inside prisons," said Mohamed Abd al-Aziz, a rights lawyer and director of al-Haqanya legal centre.

In addition, the maximum time a prisoner can spend in solitary confinement has been increased from 15 days to 30 days.

Other amendments the lawyers see as positive include that prisoners can make phone calls in exchange for money, while in the past the law didn't provide any information on phone calls, and that they can receive visitors twice a month, up from the previous limit of once per month, according to lawyers.

Female prisoners who give birth inside prisons could keep their children with them up to four years, increased from two years, and pregnant women on death row won't be executed for two years after giving birth, compared with the previous two months.

Still, "there are no guarantees that the positive aspects of these amendments would be actually implemented," said Reda Marey, a lawyer who handles prison issues at the Egyptian Initiative for Personal Rights, an organisation which opposes capital punishment.

The lawyers both say without authorised surprise inspection visits from an independent organisation, there are no guarantees that the existing regulations will be implemented.

Rights groups say conditions in Egyptian prisons fall below international standards, where prisoners are kept in overcrowded conditions with poor ventilation and hygiene and don't always have access to needed medical assistance - leading to situations such as the death of three detainees in a prison north of Cairo during a heat wave in July and August.

Sisi led the July 2013 military coup against former Islamist President Mohammad Morsi, amid mass protests against his rule. Since then, the government has waged a sweeping crackdown on Morsi's Muslim Brotherhood and jailed secular activists for taking part in unauthorised street protests. Thousands of political detainees are behind bars, according to rights lawyers.