Sisi issues decree facilitating return of foreign detainees to their home countries

President Abdel Fattah al-Sisi, issued a presidential decree on Wednesday which facilitates the transfer of foreign detainees and defendants to their home countries, following authorization from the general prosecutor, and clearance from the Cabinet.

The scope of this decree, and whom it entails, is currently the subject of much debate.

Published in a host of local media outlets, the provisions of this presidential decree stipulate:

“In light of international treaties pertaining to criminal extraditions, and the transfer of defendants sentenced in Egypt, the president is empowered – after having referred the case to the General Prosecutor, and after receiving approval from Council of Ministers – to hand over sentenced individuals to their states.

This being for their trial, or for the execution of their sentence – according to each specific condition – in keeping with the higher interests of the state.”  

This new presidential decree appears to be a major step back from Sisi’s initial announcements regarding the June 23 court verdict against three Al Jazeera staff members, which sentenced them to between seven and 10 years in prison.

The following day, Sisi made delivered a televised statement before a military graduation ceremony in which he announced, “We will not interfere in judicial rulings.”

“The Egyptian judiciary is an independent and exalted judiciary,” he added. “If we desire state institutions, we must respect court rulings and not comment on them, even if others don’t understand these rulings.” 

Following pressure domestic and international rights groups, and diplomatic appeals from the foreign ministries of the US, UK, Australia, and Canada amongst others, Sisi would backtrack even further.

During a meeting with the country's top newspaper editors on July 7, Sisi claimed that "The sentencing of several journalists had a very negative effect, and we had nothing to do with it."

"I wish they were deported after their arrest, instead of being put on trial," he added.

Sisi’s made this comment despite the fact that two of these three journalists are Egyptian nationals.

In an interview with the Masrawy news portal, Judge Refaat al-Sayed – former chief justice of the Cairo Criminal Court – said that Egyptians with another nationality would not be included in the provisions of this presidential decree.

“Egyptian nationals holding another nationality are to be excluded from the scope of this decree, as the Egyptian state cannot legally hand over its nationals to other states” Sayed stated.

Thus, Al Jazeera’s jailed staff member Mohamed Fahmy (who is a citizen of both Egypt and Canada) and the Islamic youth activist Mohamed Soltan (citizen of Egypt and the United States) along with other jailed Egyptian-dual nationals cannot be transferred or handed over to their second home countries.

Al Jazeera’s staff member Peter Greste is likely to be among the few foreign defendants who may be released from his Egyptian prison cell, and deported to Australia. 

According to tweets quoting Fahmy, which are posted by his family members, he said “I wish my mate Peter Greste freedom after deportation law. Baher Mohamed and myself will fight until vindicated.”

Another tweet from Fahmy’s account mentioned: “Deportation law is a positive move even if it does not affect me. I am a patriotic Egyptian and would never drop my nationality.”

All three Al Jazeera staff members are appealing their case.