17 March 2020
The Egyptian Commission for Rights and Freedoms (ECRF) calls upon Egyptian authorities, primarily President of the Republic Abdel-Fattah El-Sisi, and Prime Minister Dr. Moustafa Madbouly, and Public Prosecutor Justice Hamada El-Sawy, to take urgent and decisive measures to decrease overcrowding in prisons, police stations and other places of detention. The call comes in the wake of the global efforts to combat the novel pandemic in order to prevent the spread of the novel Coronavirus (COVID-19) among prisoners, detainees, workers and police personnel in these places and to protect public health. The measures are as follows:
– First: Releasing all prisoners of conscience held in pre-trial detention, or those who serve prison terms because of practicing their constitutional and fundamental rights to freedom of opinion and expression, peaceful assembly, freedom of association and for defending human rights. Also, abolishing precautionary measures imposed on them.
– Second: Releasing people in pre-trial detention because of criminal charges not related to the practice of their rights and freedoms, pursuant to the principle of the presumption of innocence and in the public interest of the protection of public health.
– Third: Expanding the use of releases on health grounds and conditional release of prisoners who serve prison terms for crimes not related to the practice of their rights and freedoms. It is possible to apply precautionary measures on those cases.
– Fourth: Releasing prisoners convicted in criminal cases not related to practicing their rights and freedoms who are old, sick or belong to the most vulnerable groups to the complications of the Coronavirus disease. It is possible to resort to the precautionary measure of obliging them not to leave their homes except for medical treatment.
– Fifth: provide hygienic products and protective equipment for the detainees and members of the police working in prisons and police stations, and improving health conditions in places of detention to avoid the spread of the infection. In addition, allowing families to visit their incarcerated ones while taking all necessary measures to prevent transmission into prisons and detention facilities.
ECRF warns Egyptian authorities of the gravity of the health conditions in prisons and detention facilities, which are overcrowded with convicted prisoners and pre-trial detainees who are being held in cruel circumstances that can contribute to the spread of corona pandemic and threaten the lives of thousands deprived of their freedom. It also holds Egyptian authorities responsible for the consequences of belated action, and any delay in taking these measures, and any resulting crises.
It highlights that these measures are urgent and necessary in order to protect the lives of thousands of prisoners and people in pre-trial detention, and to mitigate pressure on the health care system in Egyptian prisoners which is already struggling with poor resources and lack of capacity to deal with pandemic threats of this kind. Also, in light of the increasing use of pre-trial detention by Egyptian authorities as a tool to quash dissent, human rights defenders, journalists, writers, pubic figures and critics of the policies of the President; prisons and detention places became overwhelmed with thousands of people in pre-trial detention in addition to convicted prisoners. This increases the risks of the spread of the pandemic inside prisons and other detention facilities, and threatening people’s lives. This situation necessitates, based on the directions of World Health Organization, taking necessary and drastic measures to combat this new pandemic and limit its spread.
ECRF affirms that the decision of Egyptian authorities to suspend visits to all Egyptian prisons does not necessarily prevent the transmission of the virus into prisons. However, it increases the suffering of thousands of prisoners and people in pre-trial detention. While Egyptian authorities suspended visits for ten days, it didn’t announce any other preventive or protective measures to avoid the transmission of the virus via employees, officers and workers in prisons and other detention facilities. Moreover, it didn’t announce its strategy to confront the pandemic in case it reaches prisons and other detention facilities in which thousands of prisoners are being held in extremely substandard conditions that can contribute to the spread of virus and exposing their lives to severe risk.
ECRF confirms that it is necessary that the Egyptian authorities adopt a comprehensive strategy to combat the spread of the novel pandemic into prisons and other detention places by reducing the numbers of prisoners. In addition, taking all preventive measures to control its spread among prisoners, including the periodic testing of prisoners, officers, and workers in prisons and other detention facilities, and making necessary screening of relatives of prisoners and detainees before entering to visit them. Moreover, personal hygiene and sterilization products should be made available to prisoners. Furthermore, the authorities should insure a healthy environment with good ventilation, access to sunlight and enough space for each prisoner to avoid the spread of the virus. It is also necessary to keep prisoners and detainees in a good health conditions by exposing them to sunlight and fresh air on daily basis, and providing healthy food and clean drinking water in order to raise their immunity and improve their ability to combat the disease.
It also demands the Egyptian authorities to insure a good quality medical care to prisoners and detainees in case the virus spread among them. It also highlights the necessity of raising the awareness of the prisoners and detainees on the preventive measures and providing periodic updates on the latest scientific discoveries regarding the novel pandemic.
Many human rights initiatives and organizations already documented the deteriorating conditions of prisons and detention facilities. Many prisoners and detainees suffered deliberate medical negligence by prisons administrations. For example, the Torture Map, an initiative of ECRF and El-Nadeem Center for the Rehabilitation of Victims of Torture, urged Egyptian authorities to stop medical ongoing negligence inside prisons after documenting many cases of medical negligence, and deteriorating health conditions in prisons and detention facilities. Moreover, Committee for Justice published a report in December 2019 titled “With No Accountability” covering cases of death in prisons. This report concluded that more than 660 citizens have died in prisons because of medical negligence between 2013 and 2019. Furthermore, El-Nadeem Center issued in July 2019 a report titled “the Archive of Oppression” based on news reports in the second quarter of last year, which observed 56 cases of medical negligence in the months of April, May, and June 2019, as well as 14 cases of death inside detention places.
ECRF reminds Egyptian authorities of its international obligations regarding protection against pandemic and epidemic diseases, its treatment, and combat according to article 12 of the ICESCR of 1966, as well as its constitutional obligations regarding the treatment of individuals deprived of their freedoms in away that preserves human dignity and prevent anything that may jeopardize their health or life in prisons and detention facilities, and providing comprehensive health care according to quality standards to all citizens without discrimination according to articles 18, 55 and 56 of the Egyptian Constitution of 2014.