Egypt Extradition Law — Case Law, Legal Framework and Procedure

Extradition cases involving Egypt — Requested and Requesting State

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Egypt

Egypt Extradition Law & Case Law — 3 cases

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Case Law
Extradition to Egypt upheld: prison reports insufficient to establish individual risk and retrial available after conviction in absentia
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Summary
The Court of Appeals in Katowice upheld the decision of the Regional Court in Przemyśl granting extradition to the Arab Republic of Egypt to initiate the criminal proceedings. The Trade Court in Cairo sentenced the requested person for financial fraud. The person’s attorney appealed to overrule the previously granted extradition based on three main reasons. Firstly, the Egyptian prison system allegedly faces serious humanitarian hardships, particularly connected with overcrowd and hygiene conditions, which would impose a threat of inhuman or degrading treatment. Secondly, the requested person was allegedly deprived of his right to defend and the default judgement was rendered. Thirdly, the crime for which the requested person was sentenced allegedly does not have a counterpart in the Polish law. The Court of Appeal upheld the decision of the lower instance. Regarding the risk of inhuman treatment, the Court reasoned that there is not sufficient proof concerning the systemic breach of human rights in Egyptian prison system and certain individual problems do not constitute the ground for extradition’s denial. Regarding the fairness of trial, the Court emphasized that according to the documents provided by the Egyptian side, the default judgement would get automatically overruled as the requested person appears to the hearing after extradition. Moreover, the Court approved the Cairo Court’s conduct, pointing out it heard 40 witnesses and based its judgement on extensive evidence. Thirdly, the Court reasoned that requested person’s felonies do indeed have their counterpart in the Polish law.
08/12/2022 · The Court of Appeal in Rzeszów · II AKz 492/22
🇵🇱Poland → 🇪🇬Egypt
GrantedExtradition
Extradition to Egypt admissible: general human rights concerns insufficient to establish individual risk
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Summary
The Regional Court in Zamość granted extradition of the requested person to the Arab Republic of Egypt for the execution of the 9-year prison sentence for issuing bank bills in bad faith. The Court reasoned that the extradition is permissible due to four reasons. Firstly, there is no sufficient proof that the requested person may be subject to inhuman or degrading treatment. The mere submission that there is no democracy or freedom in Egypt is not enough. The Court reasoned that there must not only be proof of the general problems faced by the prison system in the requesting country, but also sufficient proof that the requested person individually may be put in threat of breach of human rights. Secondly, the Court reasoned that the committed felonies were not based on military or political grounds, they are ordinary criminal offences, therefore there is no risk of unfair trial. Thirdly, the requested person is not a Polish citizen, does not have asylum right in Poland and commuted to Poland only to avoid prison, hence there is no ground for extradition’s denial. Fourthly, the Court reasoned that committed felonies have their counterpart in the Polish law. There is no direct offence of issuing uncovered bank bills, nevertheless the Court interpreted double criminality rule broadly. The Court inferred that extradition is admissible under this rule if there is any opportunity to sentence the requested person for the felony in the requested state, even if no direct counterpart exist.
19/04/2022 · Regional Court in Zamość · II Kop 23/22
🇵🇱Poland → 🇪🇬Egypt
GrantedExtradition
Extradition and human rights risks: structural deficiencies in the requesting State are needed (not mere contingencies)
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Summary
In matters of extradition to a foreign State, the prohibition on issuing a favourable decision provided for by Article 705, paragraph 2, letter (c) of the Italian Code of Criminal Procedure applies exclusively where an alarming situation can be identified that is attributable to a normative or factual choice of the requesting State, irrespective of contingencies unrelated to institutional policies and in respect of which legal protection can in any event be activated. (In the case at hand, concerning an extradition request submitted by the Arab Republic of Egypt for a person belonging to the Coptic religious minority, the Supreme Court quashed the challenged decision with remand, considering it appropriate to carry out further evidentiary inquiries as to the specific relevance of circumstances relating to the current political-institutional context)
06/03/2013 · Italian Supreme Court · 10905/2013
🇮🇹Italy → 🇪🇬Egypt
Reversal and remandExtradition
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