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The modern penitentiary policy has lately witnessed great developments that were reflected in the rehabilitation and reform programs. In the past, the prevailing concept of penal enforcement was crystallized in the physical punishment imposed on the sentenced person due to two main reasons:
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- Punishment was regarded as a kind of revenge against the sentenced person,
- Crime perpetrator was seen as a weird person who should be isolated from the community and deprived of human dignity and fundamental rights.
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On the contrary, modern criminal policy tends to adopt other rehabilitation approaches instead of the concept of deterrence but which implies vengeance, deprives sentenced persons of their human rights and leads to the failure of reform process. Thus, the most important characteristic of the modern penitentiary policy is that it has completely parted from the pain-making purposes.
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Modern penitentiary thought is currently centered on the application of a treatment that creates a kind of social consistency in prisoners’ minds; providing them with social care, reformulating their characters and using the most proper penitentiary methods that suit their characters. Therefore, the state utilizes its capabilities to the full to perform this positive role towards the sentenced persons.
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Being fully-convinced with the significance of the role played by the police agencies concerned with penal enforcement, the Ministry of Interior has been keen on implementing a policy targeting the rehabilitation and reformation of penitentiary institutions’ inmates. Such institutions are considered among the main pillars of social defense policy as they are entitled to restrain outlaws and protect the community against their evils while seeking their reformation and rehabilitation from the cultural, spiritual and vocational points of view. Their ultimate objective is to facilitate inmates’ sound return and reintegration with society as good citizens.
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Prisons draw the major features of their policy through the following frameworks :
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- Human rights protection, in accordance with the UN Charter of 1945,
- The Universal Declaration of Human Rights issued by the General Assembly in 1948,
- The two international covenants on human rights (The International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights),
- The Standard Minimum Rules for the Treatment of Prisoners; (SMRTP) adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in Geneva, 1955.
- Egyptian Constitutions; the last one of which issued in 1971, and;
- The Republican Decree issuing Law No. (396) of 1956 on Prisons Organization in Egypt and its executive regulation issued by Interior Minister’s decree No. (79) of 1961.
- Manual of Egyptian Prisons Work Procedures issued by virtue of the two administrative resolutions: No. (1) of 1966 & No. (1) of 1969, as modified by the administrative resolution No. (297) of 2006.
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Egyptian Legislations Regulating Prisons Work & Prisoners’ Rights:
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On 29 January 1956, about one year and a half before the UN Economic and Social Council (UNESC) approved the (SMRTP); Egypt had cancelled Law No. (180) of 1949 on prisons regulation as amended and issued Law No. (396) of 1956 on the organization of prisons, including all the principles and rules of the (SMRTP).
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- The memorandum has specified the objectives of the Law in the following principles:
- Respecting the sentenced person, urging him to abide with the rules and the right path, never letting him feel humiliated and utilizing the time he spends in prison in activities that benefit him and the whole society.
- Attempting to render the enforcement of punishment suitable to the specific status and circumstances of each prisoner, applying the new theories of punishment individualization.
- Preparing the prisoners, especially those sentenced with long-term sentences, on gradual bases, reducing the restrictions imposed on them as they move from one phase to another before their release so that they can get out to the free life without difficulty or embarrassment.
- The provisions and rules of the Law are included in sixteen chapters:
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Chapter 1
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(Articles from 1 to 4) specified the categories of prisons; (Limans, General Prisons, Central Prisons and Special Prisons) and their specialization. The category of prison is to suit the punishment and the status and special circumstances of the prisoners therein.
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Chapter 2
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(Articles from 5 to 12) specified the conditions of admission and all about prisoners’ registration, search, clothes and money. Thus, this chapter reiterated the principle of punishment legitimacy and the importance of paying due care to legal procedures, timings, prisoners’ personal rights and personal effects.
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Chapter 3
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Titled “The Classification and Treatment of Prisoners” (articles from 13 to 20). This chapter tackled categories of sentenced persons and the treatment of the provisionally detained persons regarding their living conditions, food and dressing. It also dealt with the treatment of the simply imprisoned, the transfer period, treatment of pregnant prisoners beginning from the sixth month and the children of the female prisoners.
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Chapter 4
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“Prisoners’ Work” (articles from 21 to 24), which considered work as a distinct right of the sentenced, regarding it as a method of controlling their directives and rendering them used to social collaboration. The Law stipulated that depriving a prisoner from work increases his sufferings and widens the gap between him and the society.
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Chapter 5
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Titled “Prisoners’ Wages”, stated prisoners’ right to get wages in return of their work to encourage them to work and enable them to obtain the money necessary for their living requirements in the prison and find sufficient money when they are released
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Chapter 6
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“Prisoners’ Education”; prisoners’ spare time should be spent in doing things useful for them. Thus, it was a must for the prison administration to educate the prisoners, motivate them to study, urge them to visit the library of the prison and enable them to do the exams. This chapter made it obligatory that every Liman or general prison must have a religious preacher as well as a psychologist and sociologist to help the prisoners overcome their crises.
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Chapter 7
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Titled “Prisoners’ Medical Treatment”, stated it as a basic right of the prisoner. In fact, Egyptian prisons have recently been distinguished for implementing this right. The chapter stipulated that in each prison or Liman there must be a doctor or more in charge of prisoners’ health care.
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Chapter 8
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“Visits and Correspondence”, in which the legislator organized prisoner’s right to contact the outer society.
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Chapter 9
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Titled “Prisoners’ Corrections”, it explained the legal nature of this Law as one of the administrative laws which organize public facilities with special entitlements. It only mentioned the penalties that might be executed, the competent authority and the procedures followed in this regard. This emphasizes the legitimacy principle which states that no penalty might be enforced without the competent authority’s consent and without being based on a written investigation. Here, it is worth mentioning that the Minister of Interior, Habib El-Adly, has banned the lashing penalty since he assumed responsibility as a Minister in 1997, in the framework of his efforts to reform and develop prisons. Law No. (151) of 2001 was later issued to modify some of the provision of Law No. (396) of 1956 canceling this penalty based on the request of the Ministry of Interior.
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Chapter 10
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“Prisoners’ Release”, which identifies the timings and rules of prisoners’ release in a way that emphasizes the legitimacy of penalty as a basic right of the prisoner.
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Chapter 11
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Titled “Parole” in which the Law permitted the Prisons Sector General Director to order the release of a sentenced person if he has already passed 3\4 of the sentence period in prison - provided that such a period is not less than nine months- and his behavior during his presence in prison was trustworthy. But such a rule does not apply if his release threatens public security.
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This Law also cancelled the “eternity of penalty” mentioned in Article 14 of the Penal Code, since it made it possible to consider the release of the hard-labor life sentenced persons if they passed twenty years -at least- in prison. This right is considered a gift from the administration of the prison which is granted in accordance with certain conditions. In fact, this is a basic right of the prisoners, allowing them to spend the remaining quarter of the period at their normal environment out of prison. This Law shows the distinct attitude of the Egyptian Law in this respect, since this procedure is similar to the open prisons concept applied in other countries.
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Chapter 12
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Devoted to “Prisons Inspection” which is considered a distinctive characteristic of this law as it stated the necessity of the existence of inspectors specialized in prisons inspection, detailed their role and provided that they should submit their reports directly to the Prisons Sector General Director.
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Chapter 13
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Titled “Judicial Supervision” as elaborated in Articles 85 and 86.
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Chapter 14
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“General and temporary Provisions”, (Articles 87 to 98). This chapter illustrated the rules of dealing with escaping prisoners and the conditions where: firearms and handcuffs are used as well as prisoner’s right to be informed in advance.
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This legislation was not only issued in the framework of the international constitution governing prisons; but also reflected the provisions of the Egyptian Constitution of 1971; mentioned in its Third Part under the title "Public Freedoms, Rights, and Duties". The said part collected and included all the international principles organizing human rights. Article 41 included therein tackled citizen's rights before arrest or detention while Article 42 identified the rights of the citizen after depriving him of his freedom.
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From this preface it is crystallized that :
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The Presidential Decree issuing Law No. (396) of 1956 concerning the organization of prisons is derived from the rules of Public and Administrative Laws on organization of public facilities. It identified the mechanisms of prisons establishment, the rules of their operation, conditions of admittance therein and means of prisoners treatment and care. It also determined the means of oversight over the implementation of such rules.
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Article (98) of the Law authorized the Minister of Interior to issue the executive regulation of this Law. The regulation was issued on 16 December 1961 by virtue of a decree of the Vice President and the Minister of Interior after consulting the Minister of Justice. The Law has not only stuck to the Standard Minimum rules of Prisoners' Treatment but has also modified, amended and elaborated some of the provisions of the Penal Code No. (58) 1937 and made a great reform elaborated as follows :
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