PARTICIPANTS’ PAPER
THE ROLE OF THE EGYPTIAN PUBLIC PROSECUTION IN SUPPORTING
THE TREATMENT AND REHABILITATION OF OFFENDERS WITH
SUBSTANCE USE DISORDERS
Ahmed Mahmoud Abdelbary Hamouda*

The Egyptian Public Prosecution in general and the Department of International Cooperation, Executionof Sentences, Care of Prisoners and Human Rights at the Office of the Prosecutor General in particular,
support the reintegration and rehabilitation of drug users, so that it works to support treatment instead ofpunishment. This comes through its role as the trustee of the criminal case, and in light of the national
strategy of the Egyptian State to confront the drug problem taking into account the recommendations of theUnited Nations, as the Arab Republic of Egypt is a member of the United Nations Convention Against Illicit
Traffic in Narcotic Drugs and Psychotropic Substances of 1988 and one of the first signatories to theConvention on 20 December 1988.1
The Egyptian Public Prosecution has a societal and preventive role, where the law empowers it toharmonize and appropriate in terms of working to support the treatment of drug users instead of bringing
the accused to criminal trial. It also works to propose general policies and plans for the treatment andcombating of addiction, which originates from its role as a member of the National Council and the Fund for
Combating and Treating Addiction, which will be clarified in more detail, but it must first be clarified: I. Whatis the Egyptian Public Prosecution, and II. What is the Department of International Cooperation Executionof Sentences and Care for Prisoners and Human Rights?

I. THE EGYPTIAN PUBLIC PROSECUTION
Article 184/1 of the Constitution of the Arab Republic of Egypt2 stipulates that “The judiciary is
independent”, and Article 189/1 added that “The public prosecution is an integral part of the judiciary.”
The Public Prosecution is a branch of the judicial authority, and it is the representative of society, and it
acts in the public interest. It seeks to fulfil the obligations of the law and has the powers of investigation,accusation and pleading. It is exclusively competent to file criminal cases and initiate its procedures within
the Arab Republic of Egypt before the competent authorities and courts. Its mission ends with the issuanceof a final judgment, whether of conviction or innocence. The Prosecutor General of the Arab Republic of
Egypt shall, in person or through a member of the Public Prosecution Office, initiate the criminal case asprescribed by law.
In addition, the Public Prosecution supervises prisons, judicial enforcement officers, and other places
where criminal judgments are executed or designated for the detention of detainees, by visiting them,examining their books, and contacting any imprisoned therein. As stipulated in Article 27 of the Judicial
Authority Law, “The Public Prosecution is responsible for supervising prisons and other places where
criminal sentences are executed”.
A. Functions of the Public Prosecution
Being a branch of the judiciary and a pillar of justice, the Public Prosecution is specialized in the following
tasks:* Chief Prosecutor at the Department of International Cooperation, Execution of Sentences, Care of Prisoners and Human
Rights at the Office of the Prosecutor General, Egypt.
1
https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=VI-19&chapter=6&clang=_en
2
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.sis.gov.eg/UP/Dustor/Dustor-English002.pdf

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Conducting the preliminary investigation in the criminal case, referring it and following it up before
the court.

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Supervising the judicial police officers.

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Supervising the implementation of criminal judgments issued in criminal cases.

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Supervising reform and rehabilitation centres (prisons).

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Monitoring the application of the provisions of the Penal Code in an optimal manner in order toachieve respect and protection of human rights.

II. DEPARTMENT OF INTERNATIONAL COOPERATION,EXECUTION OF SENTENCES, AND CARE OF PRISONERS AND HUMAN RIGHTSIN THE OFFICE OF THE PROSECUTOR GENERALThe Department of International Cooperation in the Office of the Prosecutor General is concerned with
two tasks that are no less important than each other, one related to international cooperation and the otherrelated to the implementation of sentences and the care of prisoners within the Arab Republic of Egypt. We
refer to some of them as follows:
A. Competences Related to International Cooperation•

Preparing requests for the extradition or trial of the accused, and those sentenced to conviction who
are abroad, in cases of felonies or misdemeanours.

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Issuing international arrest warrants.

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Preparing mutual legal assistance requests to take legal or investigation procedures in a foreigncountry.

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Representing the Public Prosecution in national, regional and international committees, meetings andconferences.

B. Competences Related to the Implementation of Sentences and the Care of Prisoners within the Arab
Republic of Egypt

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Correspondence related to addiction and drug treatment facilities and placement orders therein totake the necessary action in their regard, as well as the decisions issued to release the accuseddetained in the mentioned facilities; Follow up on addiction and abuse treatment facilities in which
detainees are kept and inquire about their recovery.

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Deciding on detainees who committed crimes during the period of placement in addiction and abuse
treatment facilities for presentation to the competent court.

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Correspondence related to mental health facilities and orders of placement in them to take thenecessary action in this regard, as well as decisions issued to release suspects who are detained in thementioned facilities.

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Examination and deposit papers for the accused who were afflicted with a psychological or mental
illness after the commission of the crime and before sentencing to implement the procedures ofplacement and follow-up with the mental health facility in which the accused is detained, to inquire
about his or her recovery, and to notify the competent prosecution to deal with the case.

•

Requests to postpone the execution of the penalty restricting freedom if the convict suffers from aPARTICIPANTS’ PAPER
psychological or mental disorder before starting the execution.
•

Representing the Public Prosecution in the presence of a committee reviewing the justifications andreasons for placing people with mental or mental illness in mental health facilities, as well as thoseplaced in addiction and abuse treatment sanatoriums.

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Competence in everything related to complaints of conditional release at the level of the Republic toconsider and examine them and take the necessary actions in this regard.

III. THE ROLE OF THE PUBLIC PROSECUTION IN SUPPORTING TREATMENT
AND REHABILITATIONThe Public Prosecution believes that treating and following-up on an addict until his or her recovery is
an inherent human right. In this regard, the Egyptian Public Prosecution is one of the most importantguarantor authorities for the effective enforcement of all international conventions, covenants, instruments
and protocols related to the promotion and protection of human rights to which Egypt is a party. The Public
Prosecution plays a vital and essential role in taking due criminal measures regarding investigation of theperpetrators and bringing them to criminal trial, while taking all necessary measures to assist and protect
the victims – both Egyptians and foreigners – as permitted by law and Egypt’s international obligations,taking into account the balance between the requirements of the security of society and the impunity of theperpetrators on one hand, and human rights and the principles of fair trial on the other hand.
The Public Prosecution has a role in working on rehabilitation and integration into society, and it stems
from its authority to assess the appropriateness of referring the criminal case to trial or not, and the Public
Prosecution has a supervisory role, as in the case of conditional release, in addition to its membership on thecommittee concerned with supervising those deposited in addiction treatment sanatoriums, adding to that,its role in participating in setting public policy regarding the treatment and combating of addiction andabuse.
The previous items will be covered below.
A. The Role of the Public Prosecution in Working to Rehabilitate and Integrate Drug Abusers into
Society
The Public Prosecution in Egypt is the trustee of the criminal case and has the appropriate discretion torefer the criminal case or not. From this point of view, the Public Prosecution works according to thisauthority to rehabilitate and integrate the abuser back into society, through the following:
The Public Prosecution Office works in cases of drug abuse to inform drug users of their rights and duties
and to support their treatment instead of bringing them to criminal trial, by interrogating them as patientsand not as suspects and encouraging them to speak and express their desire for treatment. When expressing
a desire for treatment, no criminal case shall be instituted against them, and in this case the drug user willremain under treatment in one of the sanatoriums established for this purpose to receive medical, psychologicaland social treatment until the committee decides otherwise, which has been stipulated in Article 37 bis (a)of the amended Law No. 182 of 1960 regarding drug control and regulation use and trade thereof.
It is clear from the foregoing that the Public Prosecution has the power not to file a criminal case against
a drug user in the event that he expresses a desire for treatment, as the Public Prosecution is keen to
support treatment instead of punishment, because treatment is more beneficial for the drug user and tosociety than punishment.
B. The Role of the Public Prosecution in Conditional Release
Conditional release means the release of a person sentenced to a penalty that restricts the person’s
freedom before the expiration of the entire period of the sentence, subject to conditions represented in
obligations imposed on the person and restricting the freedom, and this freedom depends on the fulfilmentof those obligations.
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In this sense, the conditional release is not considered an end to the sentence, but rather a mere modificationof the method of its implementation, in that the convict who is finally sentenced to a custodial sentence isreleased if part of the term of the sentence imposed is spent and certain conditions specified by the law are
fulfilled and there is no danger to public security from the person’s release.
A conditional release does not turn into a final release unless the remaining period of the sentence expires
without being cancelled. It is not a right for the convict, but rather a discretionary decision for the authority
authorized by the law to issue it, which is the Director General of Prisons.
The Public Prosecution is not the authority to issue the conditional release, but it is the one that works
to supervise its cancellation or not, in the event that the convict violates the conditions of the conditional
release, as stipulated in Article 59/1 of the Prisons Regulation Law No. 396 of 1956, “If the released person
violates the conditions set for release and does not fulfil the duties imposed on him / her, he / she will be
returned to prison to complete the remaining period of the sentence imposed”.
The Public Prosecution, if the prison administration is able to request the cancellation of the conditional
release, may refuse the cancellation if it finds out that the convicted person did not violate the requirementsof the conditional release.
It should be noted that the Department of International Cooperation and Human Rights in the Office of
the Prosecutor General is the one concerned with everything related to complaints of conditional release at
the level of the Republic to consider, examine and take the necessary action in this regard.

IV. SUPERVISING COMMITTEE FOR THOSE DEPOSITED
IN ADDICTION SANATORIUMS
The aforementioned drug control law, pursuant to Article 37, established a committee specialized insupervising those admitted to addiction treatment sanatoriums, and the formation of the committee wasspecified in Article 37 bis thereof, which states: “The committee shall be formed in each governorate headed
by at least one counsellor at the Court of Appeal and a representative of the Public Prosecution Office atleast with the rank of Chief Prosecutor and representatives of the Ministries of Health, Interior, Defense andSocial Affairs”. The formation of these committees and the determination of their terms of reference and thesystem of work for them shall be issued by a decision of the Minister of Justice.
The committee performs the following tasks:•

The committee receives requests for treatment from a drug user, his or her spouse, one of his or her
ascendants, or one of his or her descendants.

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The committee decides on the request after examining it and hearing the statements of the concerned
parties, and it may request the Public Prosecution to investigate the request and provide it with amemorandum of its opinion.

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The release of the detainee after his/ her recovery.

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If the committee finds that detention is useless, or the maximum period prescribed for it expires
before the convict is cured, or if the detainee violates the duties imposed, or if the detainee commits
any crimes during the term of detention, the aforementioned committee shall refer the matter to thecourt, through the Public Prosecution, by requesting the ruling to cancel the stay of execution.

A. The Role of the Public Prosecution in the Supervising Committee for Those Placed in Addiction
Sanatoriums
The Public Prosecution Office is represented, according to the law, in the supervising committee for thoseplaced in addiction sanatoriums through the Department of International Cooperation and Human Rights in
the Office of the Public Prosecutor.
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The Public Prosecution has an important role in the aforementioned committee, which is represented asfollows:•

Supervising the implementation of sentences in general is an inherent competence of the Public
Prosecution, which is the one that supervises, and since placing the drug user in sanatoriums is
considered a modification of the method of implementation, so the public prosecution supervises it,which works to reduce the period spent by the convict in the sanatorium.

•

If a drug abuser, his or her spouse, one of his or her ascendants, or one of his or her descendants
submits to the committee a request to receive treatment, the committee shall decide on the request
after examining it and hearing the statements of the concerned parties. It may request the Public
Prosecution to investigate this request and provide it with a memorandum of its opinion and, after
fulfilling the necessary requirements, order that there are no grounds for filing a criminal case against
the drug user, and raise the opinion of the committee to place him or her in one of the treatment
sanatoriums to receive medical, psychological and social treatment, as it is more beneficial for the druguser and to the society instead of punishment.

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If the drug user commits a crime during his or her placement, the Committee raises the matter to thecourt through the Public Prosecution, requesting a ruling to cancel the stay of execution.

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The Public Prosecution works to preserve all data related to the treatment of addicts or drug users,
which reaches the knowledge of those in charge of it, as it is secret and those who divulge it arepunished with a prison sentence.

The role of the Public Prosecution does not stop there; rather, the Public Prosecution has a role in setting
policies related to abuse and combating addiction, through its membership in the Fund for Combating andTreating Addiction and Abuse, which was established under Article 37 bis (d) of the Drug Control Law,
which stipulates that “a special fund is established to combat and treat addiction and abuse shall have a legal
personality, and a decree of the President of the Republic shall issue its organization, affiliation, financing, andcompetence, based on a proposal by the National Council for Combating and Treating Addiction, among its
competences shall be the establishment of sanatoriums and treatment homes for addicts and drug abusers”.
Also, among its resources are the fines adjudicated in the crimes stipulated in this law and the funds thatare ordered to be confiscated.

V. FUND FOR COMBATING AND TREATING ADDICTION AND ABUSEThe Fund was established in 1991 based on Presidential Decree No. 46 of 1991 in implementation of what
was stipulated in Amended Law 182 of 1960 regarding combating drugs and regulating their use andtrafficking. The Fund works to confront the phenomenon through programmes and mechanisms that seek
to besiege all its manifestations and pursue all developments that occur in its context in order to prevent
Egyptian youth from falling into the clutches of drugs and protecting them from slipping into them andextending a helping hand to those among them who fall into addiction to return to it healthy and participatingin the development of the community.
The Public Prosecution is one of the members of the Board of Directors of the Fund, along with several
ministries and stakeholders, and the Public Prosecution is represented by a member of the Department ofInternational Cooperation and Human Rights in the Office of the Prosecutor General.
The Fund follows a holistic, balanced and effective approach that combines prevention, treatment and fullrecovery efforts, as well as appropriate smart measures to reintegrate the recovered into society again
through economic empowerment mechanisms.
The Fund’s efforts, within the framework of its endeavour to achieve its objectives and principles, areconcerned with the following activities:

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Developing and implementing general and specific policies in the field of combating and treating
addiction.

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Developing the legislative system and building a knowledge base on the drug issue, while drawing up
an integrated programme for evaluation and follow-up.

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Implementation of programmes and activities to prevent smoking and drugs, and to prepare young
people and enable them to fight against smoking and drugs.

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Supporting the role of educational curricula for preventing smoking and addiction, by including an
educational component that aims to do so.

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Availability, provision and support of free treatment and rehabilitation services for addicts, incooperation with the concerned partners.

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The fund is based on a number of basic work principles, the most important of which is the involvementof youth and activating their role in prevention efforts.

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Focusing on the family as a basic input to protect young people from smoking and drugs, and supporting
the role of the family in that, and relying on community dialogue.

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Mobilizing the efforts of the concerned authorities and its main partners such as the Ministries of
Health, Justice, Interior, Education and other ministries, as well as civil society organizations concernedin this regard, in a way that can enhance the Egyptian initiative in this regard.

The Fund has an executive work in dealing with addicts, which is represented by operating a hotline
numbered 1623, on which a specialist in prevention and treatment is present 24 hours a day, to consult withthe addict and refer him or her directly to one of the hospitals of the Ministry of Health for free treatment
without revealing any secrets related to addicts, and the Fund pays the fees of the treatment without
notifying the addict of that, and the Fund has expanded in dealing with hospitals that have treatment
departments, and has helped increase the number of families for addiction treatment in most government
hospitals.

VI. THE ROLE OF THE PUBLIC PROSECUTIONIN PROMOTING THE FIELD OF CRIMINAL JUSTICE FOR CHILDREN
Within the framework of the Public Prosecution’s desire to activate the texts of laws related to criminal
justice for children contained in the constitution and the international laws, conventions and covenants towhich Egypt is a party, the Egyptian Public Prosecution Office signed a memorandum of understanding with
the United Nations Children’s Fund. In the context of this cooperation, a manual was developed to protect
the rights of child victims and witnesses of crimes, as well as a manual for the application of restorative
justice for children in contact with the law based on regional and international practices.
The Office of the Public Prosecutor continued to support this process by issuing binding instructions withthe aim of activating the role assigned to members of the Public Prosecution Office in applying the restorative
justice system and periodic follow-up on places of activating alternative measures to detention and places ofdetention.

VII. CONCLUSION
In the end, drug users are perpetrators of a crime in the first place, but criminal justice requires treatment
for them, and it is important to direct attention to treatment rather than punishment, as punishment in itself
may not be a means of deterrence that achieves its purpose, since imprisonment in itself is ineffective.
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Treatment may even create an opportunity to work to promote recovery from these disorders and reducethe criminal behaviour associated with them.
It should be noted that the same approach is being followed in Egypt according to what has been
stipulated in Article 37 bis (a) of the amended Law No. 182 of 1960 regarding drug control and regulation ofuse and trade thereof.

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