December 5, 2024 | Policy Brief
Egyptian Satirist Jailed Over Political Cartoons, Spotlighting Cairo’s Abuse of Pretrial Detention
December 5, 2024 | Policy Brief
Egyptian Satirist Jailed Over Political Cartoons, Spotlighting Cairo’s Abuse of Pretrial Detention
The case of Egyptian translator and political cartoonist Ashraf Omar casts a spotlight on Egypt’s abuse of pretrial detention laws, which enable the state to incarcerate detainees without evidence or a trial for months. Arrested in July 2024 after publishing cartoons critiquing the country’s economic crisis and energy shortages on the independent news site Al-Manassa, Omar has faced nine detention extensions, with a 10th 15-day extension expected soon. Accused of trumped-up charges including “being involved in a terrorist group, disseminating false news, and misusing social media tools,” Omar’s case exemplifies how Cairo weaponizes pretrial detention to suppress political dialogue and silence dissent.
Authorities Can Extend Detentions Again and Again
In a 2019 report, The New York Times described pretrial detention as Egypt’s “Chief Engine Of Mass Repression.” By keeping individuals detained and isolated for extended periods of time, the legislative system effectively punishes dissent before it even reaches trial. Currently, maximum durations of pretrial detention are six months for misdemeanors, 18 months for felonies, and 24 months for crimes carrying a sentence of life imprisonment or death, according to the Cairo Institute for Human Rights Studies.
The detention cycle has been manipulated to render it nearly impossible for those detained to receive a trial. During the first five months, prosecutors can repeatedly extend two-week detention periods under the pretext of ongoing investigations.
When the five-month period expires, cases are heard before a terrorism court judge, who can renew detentions for 45 days at a time for up to two years. Once that limit is reached, detainees are legally required to be released, unless prosecutors introduce new charges, restarting the detention clock. Egyptian American Mustafa Kassem was held in pretrial detention for five years under this system. He died in prison in 2020.
Cairo’s Crackdown on Dissent
Under President Abdel Fatah El Sisi, there has been a continuous crackdown on dissent. This campaign has been marked by “allegations of arbitrary and extrajudicial killings, torture and forced disappearances,” according to a Reuters report, accusations denied by the authorities.
The 2019 State Department Country Report on Human Rights Practices for Egypt observed that human rights groups estimate Cairo is holding as “few as 20,000 and as many as 60,000 persons solely or chiefly because of their political beliefs.” Yet in a CBS interview that same year, President Sisi claimed that there were no political prisoners in Egypt.
Human Rights are a Flashpoint of U.S.-Egypt Relations
Human rights have historically been a sensitive area in U.S.-Egypt relations, especially after the 2011 Revolution. While the United States has long been Egypt’s ally, particularly in military and security matters, with Cairo receiving billions in aid every year, the growing human rights abuses and broader repression of civil liberties have strained this partnership.
In recent years, Congress has withheld portions of this aid to pressure Egypt on issues like political prisoners and repression. In 2023, for instance, Washington withheld $85 million due to Cairo’s failure to meet conditions related to the treatment of prisoners. Similar amounts were withheld in 2021 and 2022 for human rights abuses. In 2024, $320 million of the $1.3 billion aid package was required to be contingent on Cairo’s efforts to improve its human rights record, yet the administration chose to bypass these congressionally imposed conditions.
As the Trump administration prepares to evaluate relations with Cairo, it must closely examine the role of human rights in U.S. policy towards Egypt. Attempts to emphasize this critical issue have strained the relationship, but a more constructive path is possible. Cairo has legitimate concerns about how loosened restrictions could empower Islamist groups like the Muslim Brotherhood, but guaranteed freedoms — such as conscience, speech, and assembly — can coexist with national security measures. By addressing pretrial detention abuses, Egypt, with U.S. support for the legal reform efforts of civic organizations, can strengthen public trust and reduce the grievances that fuel unrest.
Mariam Wahba is a research analyst at the Foundation for Defense of Democracies (FDD). For more analysis from Mariam and FDD, please subscribe HERE. Follow Mariam on X @themariamwahba. Follow FDD on X @FDD. FDD is a Washington, DC-based, nonpartisan research institute focused on national security and foreign policy.