Egypt: Alaa Abd el-Fattah must be released this month at the end of his prison sentence

The Egyptian-British writer and activist, Alaa Abd el-Fattah, must be released on Sunday 29 September at the end of his five year prison sentence, in accordance with Egyptian law, a coalition of 59 Egyptian and international civil society organisations stated today.

The organisations expressed their deep alarm at news, shared by his lawyer, that the Egyptian authorities do not plan to release Alaa until January 2027.

Not releasing Alaa on 29 September would represent a violation of Article 482 of the Egyptian Code of Criminal Procedure, which stipulates that the period of a custodial sentence begins “from the day of the arrest of the convict… taking into account its reduction by the amount of pretrial detention periods and the period of arrest.”

Egyptian law requires that time served in pretrial detention is deducted from prison sentences. Alaa’s sister, Sanaa Seif, was released at the end of an 18 month prison sentence in 2021, after the authorities deducted the time she had served waiting for her trial.

Alaa Abd el-Fattah has been imprisoned almost continuously since 2014. His most recent period of detention began on 28 September 2019, while he was briefly on probationary release from a previous conviction. He was ordered into pretrial detention pending investigations into bogus terrorism-related charges. In December 2021, after a trial that UN experts judged to be unfair, a court handed him a five year prison sentence for "spreading false news", simply for sharing a Facebook post about torture. In 2022, the UN High Commissioner for Human Rights called for his immediate release. UN human rights experts have also called for the release of blogger Mohamed “Oxygen” Ibrahim Radwan, sentenced alongside Alaa to four years in prison. “Oxygen” has been held in solitary confinement since 2023.

Khaled Ali, Alaa’s lawyer, has stated that the Egyptian authorities are attempting to justify their refusal to release Alaa until 2027 by citing the original spurious terrorism investigation that predated his trial. In reality, however, the case in which Alaa was ultimately sentenced was ultimately derived from this investigation; the Egyptian authorities copied a number of the same exact charges from the original terrorism case and crafted the second case in which Alaa was sentenced. Creating a false distinction between the two cases, authorities are now alleging that time spent in pretrial detention applies under the first case, but not the second.

Regardless of this legal fallacy, Egyptian authorities’ analysis of the situation is improper. Failing to release Alaa would also be in violation of Article 484 of the Code of Criminal Procedure, which stipulates that pretrial detention be deducted in the event of multiple cases.

The civil society organisations are calling on Egypt’s international partners to urgently raise Alaa’s case with their counterparts, and to call for his immediate release, in line with Egyptian legal requirements.