A/HRC/WGAD/2021/45
of Mr. El-Baker, this also included a denial of the right to a lawyer. He is said to have been
handcuffed and in the absence of his lawyer during interrogation by the Supreme State
Security Prosecution. On 30 September 2019, when his lawyer went to the Supreme State
Security Prosecution to inquire about his fate and whereabouts, he was not able to get any
information. At 5 p.m. on the same day, the lawyer went to the Fifth Settlement Police Station
for the same purpose. He was then told by the police that Mr. El-Baker had indeed been
previously detained at that police station and had been transferred out in the early morning
of that day. On 10 October 2019, Mr. El-Baker’s lawyer visited him in prison, only for 10
minutes and under surveillance, which prevented the lawyer from asking for further details
about the violations to which Mr. El-Baker had been subjected.
95.
The Working Group notes with concern that Mr. Imam informed the Supreme State
Security Prosecution, when he was charged, about the ill-treatment to which he had been
subjected. Nevertheless, his statement was not taken into consideration. 10 Mr. El-Baker
informed the Prosecution, during the renewal of his pretrial detention, that he had been
blindfolded and had been made to walk in a bent position while subjected to insults, beating
and humiliation. Additionally, the source alleges that the four human rights defenders were
kept under very poor conditions in the detention facilities and had restrictions placed on
communication with their family members.
96.
Principle 15 of the Body of Principles for the Protection of All Persons under Any
Form of Detention or Imprisonment provides that communication of the detained or
imprisoned person with the outside world, and in particular his or her family or counsel, is
not to be denied for more than a matter of days. In its general comment No. 32 (2007), the
Human Rights Committee noted that a detainee has the right to have prompt access to legal
counsel, which means that a lawyer is granted the right to have private communication and
meetings with the detainee and to attend all activities related to the investigations, including
interrogations, without interference or restrictions. A detainee ought to have access to
effective counsel. According to principle 2 of the Basic Principles on the Role of Lawyers,
this means that it is the duty of the competent authorities to ensure that lawyers are given
access to appropriate information, files and documents in their possession or control, in
sufficient time to enable lawyers to provide effective legal assistance to their clients. It is also
noted that such access should be provided at the earliest appropriate time. The effectiveness
of the legal counsel is fundamentally related to the principle of equality of arms, as enshrined
in article 11 of the Universal Declaration of Human Rights and article 14 of the Covenant
and which draws on the right of detainees to be given the time and facilities necessary to
prepare his or her defence with counsel in order to be ready to present that defence at trial.
97.
The Working Group stresses that, under international human rights law, all detained
and imprisoned individuals have the right to communicate with and be visited by their
families. The right to receive visits applies to all detainees, regardless of the offence of which
they are suspected or accused. According to principle 19 of the Body of Principles for the
Protection of All Persons under Any Form of Detention or Imprisonment, this right may only
be subject to conditions and restrictions as specified by law or lawful regulations.
98.
Detainees should be protected from any practices that violate their right to be free
from any act that could cause severe pain or suffering, whether physical or mental, and that
is inflicted intentionally on a person. This has been clearly stated in the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. According to the
Committee against Torture, the right to freedom from torture and other ill-treatment or
punishment is absolute. This applies in all circumstances, and it may never be restricted,
including in times of war or states of emergency. No exceptional circumstances whatsoever,
including threats of terrorism or other violent crime, may be invoked to justify torture or other
ill-treatment. Such prohibition applies irrespective of the offence allegedly committed by the
accused person.
99.
Every detainee has the right to the highest attainable standard of physical and mental
health. This right extends not only to timely and appropriate health care but also to underlying
determinants of health, such as adequate food, water and sanitation. Moreover, sick prisoners
10
Opinion No. 4/2021, para. 105.
13