Legal Campaign: “Pretrial Detention… an Exception, Not a Punishment”
📢 Launch of a legal campaign | Pretrial Detention… an exception, not a punishment
Al-Shehab Human Rights Center, along with a number of human rights institutions, is launching a legal campaign titled:
“Pretrial Detention… an exception, not a punishment”
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📅 During the period from 20 September to 30 September
This campaign aims to shed light on the issue of pretrial detention in Egypt, to explain its legal framework, to discuss the most relevant legislative amendments, and the resulting effects on the right to personal liberty and the guarantees of a fair trial.
The campaign also seeks to emphasize that pretrial detention, by its very nature, is an exceptional measure required by the necessity of investigation or trial, and is not a punishment imposed on the accused before a final judicial ruling is issued.
⚖️ Campaign themes
🔹 The legal framework of pretrial detention
Introducing the regulation of pretrial detention in the Code of Criminal Procedure, presenting the most relevant legal provisions, and clarifying the most significant differences between previous rulings and the latest amendments.
🔹 Preventive measures as alternatives to detention
Highlighting preventive measures and legal alternatives to pretrial detention, and the extent to which they are implemented and their ability to achieve the objectives of criminal procedures without unnecessarily infringing on individuals’ liberty.
🔹 Periods of pretrial detention
Discussing the controls and legal time limits for pretrial detention, the risks of detention extending for long periods without a final ruling, and the legal and humanitarian consequences that may result from that.
🔹 Legal and constitutional guarantees
Defining the rights of detainees and their legal and constitutional guarantees, foremost among them the right to defense, effective judicial review, and respect for the presumption of innocence.
🔹 Human rights observations and criticisms
Monitoring the most prominent human rights observations regarding the expansion in the use of pretrial detention, and the danger of it turning in some cases from an exceptional and temporary measure into a form of prolonged detention.
📌 Work tracks during the campaign
📝 Publishing legal and human rights materials to explain the legal ruling on pretrial detention and the related legislative amendments.
⚖️ Presenting and comparing the legal texts before and after the amendment, and explaining the most important changes and their practical effects.
📊 Highlighting the reality of pretrial detention and its legal and humanitarian impacts.
📣 Presenting human rights demands and recommendations related to protecting personal liberty and strengthening guarantees of justice and a fair trial.
Our message
The campaign emphasizes that pretrial detention must remain an exceptional measure imposed by necessity, and must not turn into a punishment that precedes the trial.
It also emphasizes that protecting personal liberty, the presumption of innocence, the right to defense, and the guarantees of a fair trial must form the foundation governing any legislation or practice related to pretrial detention.
Pretrial detention… an exceptional measure, not a punishment.
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