A request from the Egyptian Center for Economic and Social Rights (ECESR) to release Sherif El-Rouby and provide him with health care in prison
There are no justifications for detaining him, in addition his deteriorated health condition.
The Lawyers of (ECESR) submitted a request to the Advocate General of the National Security Prosecutions to release the political activist Sherif Mohamed Ali nicknamed (Sherif El-Rouby) in Case No.1634 of 2022 Supreme State Security, who is imprisoned in Abu ZaabalPrison (2), in addition to providing him with necessary care due to his health deteriorated condition inside prison.
The Center affirmed in his request that there is no justification for the pretrial detention of El-Rouby according to Article No.134 of the Code of Criminal Procedure, as he maintains a permanent and known residence, and there is no fear that Sherif would escape in case he is released. Moreover, he can’t influence or tamper with the evidences of the case as it is under the possession of the General Prosecution, and that his release wouldn’t lead to grave violation to security or public order. In addition, he had been detained in similar cases with the same charges, then he was released after the Public Prosecution didn’t find any evidence against him.
Article No.36 of Law No.396 of 1956 related to prisons’ regulations stipulates that the decision to release the convict with final sentence shall be implemented If the prisoner suffers from a disease that puts his life at risk, while the Public Prosecution can take more than a procedure to ensure his presence before the court in case of referring the case to the Criminal Court.
In the event that it is not possible to release El-Roubi, the Center demanded that pre-trial detention be replaced with one of the precautionary measures stipulated in Article No.201 of the Code of Criminal Procedure.
Political activist Sherif El-Roubi was arrested on September 16, 2022 in front of a hotel in Ahmed Helmy Square in Downtown. El-Roubihad been brought before the State Security Prosecution and interrogated in connection with Case No. 1634 of 2022 on charges of spreading false news and joining a terrorist group. Then the Prosecution decided to imprison him for 15 days. Since that date, he has been in pretrial detention, and the Criminal Court Terrorist Circuit renews his pretrial detention.
In May 2023, during the consideration of renewing his detention before the Criminal Court in the counseling chamber, El-Roubydefense team was surprised to notice his sufferings from difficulty in speaking, indicating that he suffers from a grave Seventh Nerve infection which resulted in severe pains, and Abu Zaabal Prison Administration rejected to allow him to see a specialist physician or to place him in the prison’s hospital to receive necessary treatment.
Previously, El-Rouby was imprisoned for nearly one year and half in a pre-trial detention between December 2020 to May 2022 under the same charges in Case No.1111 of 2020, State Security.
Thus, his detention this time is considered the fourth of its kind, as he was arrested for the first time in 2016 under charges of breaching the Protest Law, then on April 6, 2018, he was arrested in Alexandria Governorate and brought before the Supreme State Security Prosecution on April 16, 2018 to interrogate him under Case No.621 of 2018 State Security.
On July 22, 2019, after nearly a year and half of pre-trial detention, Cairo Criminal Court decided to release El-Rouby with precautionary measures, however he was listed for the fourth time under Case No.1634 of 2022, Supreme state Security.
The First Paragraph of Article No.18 of the Egyptian Constitution stipulates that Every citizen is entitled to health and to comprehensive health care with quality criteria. The state guarantees to maintain and support public health facilities that provide health services to the people, and work on enhancing their efficiency and their fair geographical distribution.
Moreover, paragraphs No. (4,5 &6) of the same Article stipulate that Denying any form of medical treatment to any human in emergency or life-threatening situations is a crime.
In addition, Paragraphs No. (1 & 2) of Article No.55 of the Constitution stipulate that “All those who are apprehended, detained or have their freedom restricted shall be treated in a way that preserves their dignity. They may not be tortured, terrorized, or coerced. They may not be physically or mentally harmed, or arrested and conned in designated locations that are appropriate according to humanitarian and health standards. The state shall provide means of access for those with disabilities.
Any violation of the above is a crime and the perpetrator shall be punished under the law.”
And Article No.56 stipulates that prisons and detention centers shall be subject to judicial oversight. All that which violates the dignity of the person and or endangers his health is forbidden. While at the same time, Prison Law and Regulations stipulate that the prison physician shall inspect the inmates at least once a day., and the obligation of governmental and university medical facilities to treat inmates referred to them from prisons for treatment.
