A/HRC/WGAD/2021/45 of their detention in accordance with articles 3, 8 and 9 of the Universal Declaration of Human Rights, article 9 of the Covenant, and principles 11, 32, 37 and 38 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment. The Working Group finds a violation of these rights and principles. 82. The Working Group has also repeatedly asserted that holding persons at secret, undisclosed locations and in circumstances undisclosed to the person’s family violates their right to contest the legality of their detention before a court or tribunal under article 9 (4) of the Covenant. Judicial oversight of any detention is a central safeguard for personal liberty and is critical in ensuring that detention has a legitimate basis. In the circumstances attending incarceration of each of the four human rights defenders, they were for some time unable to challenge their detentions before a court. Consequently, their rights to an effective remedy under article 8 of the Universal Declaration of Human Rights and article 2 (3) of the Covenant were violated. 83. The Working Group notes that the four human rights defenders were, for varying periods, kept at locations unknown to their families and lawyers. The deprivation of liberty that entails a wilful refusal to disclose the fate or whereabouts of the persons concerned or to acknowledge their detention lacks any valid legal basis under any circumstance and amounts to enforced disappearance, which is considered an aggravated form of arbitrary detention.6 It also places the person outside the protection of the law, in violation of article 6 of the Universal Declaration of Human Rights and article 16 of the Covenant. The Government’s failure to provide notification of the arrest and location of detention to their families also violated principle 16 (1) of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment. 84. Consequently the Working Group finds that the Government failed to establish a legal basis for the detention of Mr. El-Baker, Ms. El-Masry, Mr. Imam and Ms. Hassan. Their detention was thus arbitrary under category I. Category II 85. As regards the detention of the four human rights defenders being arbitrary under category II, the source contends that their detention resulted from the exercise of the rights or freedoms guaranteed by article 7 of the Universal Declaration of Human Rights and article 26 of the Covenant. In this regard, the source claims that the arrest of the four human rights defenders underlies discrimination against lawyers and human rights defenders in Egypt. 86. In addition, the source argues that, in the case of Mr. Iman, the deprivation of liberty resulted from the exercise of the rights or freedoms guaranteed by article 19 of the Universal Declaration of Human Rights and article 19 of the Covenant, as his arrest occurred immediately after he demonstrated his solidarity with another detainee. 87. The Working Group considers that the conduct of the four human rights defenders is protected by the Universal Declaration of Human Rights and the Covenant, both of which recognize that everyone has the right to freedom of opinion and expression. According to the Universal Declaration of Human Rights, this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media (art. 19), and the right to freedom of peaceful assembly and association (art. 20). Their work as human rights defenders is also protected by the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, which states that everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels and to communicate with non-governmental organizations, and to have effective access in the conduct of public affairs.7 6 7 Ibid., para. 17. See also opinion No. 37/2021, para. 64. Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, arts. 1, 5 (a) and (c), 8 (1) and 9 (3), contained General Assembly resolution 53/144, annex. See also General Assembly 11