ECRF Condemns the Detention of Syrian Migrants and Asylum Seekers by Egyptian Authorities amid Fears of the Spread of the Coronavirus in Detention Places 

Egyptian Commission for Rights and Freedoms

Press release

ECRF Condemns the Detention of Syrian Migrants and Asylum Seekers by Egyptian Authorities amid Fears of the Spread of the Coronavirus in Detention Places 

Cairo – 4 May 2020 

The Egyptian Commission for Rights and Freedoms (ECRF) condemns the detention of 14 Syrians by the Egyptian authorities in the police department of Kom Ombo, Aswan governorate, Upper Egypt. They were arrested while attempting to enter Egyptian territory in an illegal manner via the Egypt-Sudan border at different points in time during the last four months. They are detained in poor conditions. Moreover, fear is increasing that the coronavirus (COVID-19) may spread in Egypt’s overcrowded prisons and police stations. They are also threatened to be deported to Syria in violation of Egyptian laws and Constitution, as well as international instruments signed and ratified by Egypt. ECRF also demands from Egyptian authorities the immediate release of these detainees, guaranteeing their physical safety, treating them in a way that respects their human dignity, refraining from forcibly deporting them to Syria, and allowing them to access and communicate with the Office of UNHCR in Egypt. 

According to information available to ECRF, the conditions of detention of this group of migrants in the police department of Kom Ombo are extremely poor. They suffer deteriorating health conditions, poor nutrition, and poor conditions of the place of detention in terms of hygiene, ventilation, and sewage, as well as over-crowdedness. The authorities also prevent any legal support ECRF may provide to these detainees. What made the situation even worse is the spread of skin diseases like scabies among prisoners, according to families that communicated with ECRF. They also fear the spread of coronavirus among them, which would lead to severe consequences on their lives and the lives of others who comes in contact with them. 

Egyptian authorities arrested a group of Syrian migrants who were forced to leave to Egypt in an unlawful manner via the Egypt-Sudan border either to escape conflict in Syria, or to join their family members existing in Egypt. This journey is a dangerous one in which refugees are exposed to multiple risks including death and arrest. Those arrested are charged with unlawful migration and entry to restricted areas. Arrest of those immigrants is based on exceptional decisions recently enacted by Egyptian authorities including decision no. 444 (Presidential Decree of December 2014 defining areas adjacent to the borders of Egypt and their regulations). 

ECRF affirms that what is taking place with these people is arbitrary detention that is not based in any law, and violates international instruments ratified by Egypt which entail certain rights for refugees, most important of which is their treatment in a way that respects international refugee law and human rights law, protection from threats to physical safety, allowing them access to justice, and provision of basic material and physical needs. Refugees should also enjoy freedom of movement and the right to family reunification. 

Moreover, article 31 of the 1951 Convention relating to the Status of Refugees also stipulate that Contracting States – including Egypt – shall not impose penalties on refugees who came from a territory where their life or freedom was threatened on account of their illegal entry or presence, provided they present themselves without delay to the authorities and show good cause for their illegal entry, and that Contracting States shall not apply to the movements of such refugees restrictions other than those which are necessary. 

This detention also violates the Constitution of Egypt, article 54, which prevents illegal detention, as well as articles 36, 40, 41, 42, and 43 of Criminal Procedure Law which provide that detention should not be arbitrary, and that detainees should be informed of the reasons behind their arrest, given the right to obtain legal assistance, to appeal against their detention, and not to be put in one place with convicted criminals. Moreover, their detention should be in generally reasonable conditions. 

ECRF refuses the threatening of detainees with forcible deportation to Syria or to any other country as this violates article 33 of the 1951 Convention relating to the Status of Refugees and the principle of prohibition of expulsion or return (“refoulement”). ECRF also demands the disclosing of all information related to these detainees, the circumstances of their detention, their immediate release, and allowing the representatives of UNHCR to register and legalize their situation in Egypt, and to provide the adequate environment for their protection. Until these procedures are completed, the Ministry of Interior should use alternatives to detention, and provide them with food and health care. 

ECRF confirms that releasing them in these circumstances – as well as other prisoners or detainees in other detention places – may help avoid a large-scale outbreak of the coronavirus disease. Persons working in police and judicial apparatuses who are directly in contact with prisoners may also contract the disease and spread it among wider circles of society. ECRF also calls upon the authorities to consider using non-custodial measures with people accused of non-violent offences. Meanwhile, adequate health care should be provided to all detainees. ECRF also affirms its solidarity with the families of tens of refugee men and women detained in overcrowded prisons at the time of the coronavirus pandemic.