Author
According to the Egyptian Constitution and the Prison Regulations, detainees, including refugees, are entitled to fundamental rights, including:
- The right to legal representation and access to a lawyer.
- The right to submit an asylum application in accordance with international agreements.
- The right to receive basic healthcare while in detention.
- The right to communicate with their families or legal representatives.
However, in practice, these rights are not effectively upheld in the case of detained refugees and migrants who face the following obstacles:
Denial of the right to seek asylum: In many cases, prima facie refugees and migrants are denied the right to submit an asylum claim while in detention.
Restricted access to legal counsel: Lawyers and human rights organizations are often not informed of the locations where refugees are being held, making it difficult to provide legal assistance. Lawyers also face bureaucratic and security-related barriers in obtaining permits to visit detainees, resulting in prolonged detention without legal support.
Arbitrary deportation procedures: In some cases, refugees remain in detention despite having been acquitted or having completed their sentence, with their release made contingent on approval from security authorities. Some are forcibly deported in coordination with the embassies of their countries of origin, putting them at risk, particularly those fleeing conflict or political persecution. This constitutes a direct violation of the principle of non-refoulement, which obliges states not to return any person to a country where they may face danger.