A/HRC/WGAD/2021/45
pretrial detention for an additional 45 days, without any justification. Since then, Mr. ElBaker’s pretrial detention has been renewed every 45 days.
14.
Starting on 10 March 2020, with the restrictions set by the Egyptian authorities under
the pretext of the coronavirus disease (COVID-19) pandemic, in addition to prohibiting visits,
Mr. El-Baker was not allowed to attend his hearings before the prosecution. On 20 June 2020,
Mr. El-Baker’s lawyer attended the hearing on his client’s behalf, to request Mr. El-Baker’s
release owing to the illegality of the renewal of his detention. The lawyer cited the violation
of article 142 of the Criminal Procedures Law, which stipulates that the statement of the
accused must be heard when reviewing the renewal of his detention order.
15.
In addition, since 10 March 2020, Mr. El-Baker’s family has found it difficult to
contact him, even in writing, or to deliver medications and personal hygiene supplies to him.
16.
Since the resumption of visits on 22 August 2020, Mr. El-Baker has been allowed to
have family visits once a month, by one family member and for 10 minutes only. Mr. ElBaker has also been prevented from being visited by his lawyer, who is only allowed to attend
Mr. El-Baker’s hearings.
17.
On 31 August 2020, Mr. El-Baker was brought before the Supreme State Security
Prosecution for interrogation, only to learn that a new case, No. 855/2020, had been filed
against him, in which he was accused of joining a terrorist organization and participating in
a criminal agreement with the intention of committing a terrorist crime. In its investigations,
the Supreme State Security Prosecution alleged that, during visits and exercise hours, Mr. ElBaker had communicated with members of a terrorist group in order to recruit new people
and work on serving the goals of the group, which were aimed at disrupting the security of
the country.
18.
Mr. El-Baker defended himself before the prosecution by explaining that his detention
conditions, in particular the restrictions on receiving visits since October 2019 and the total
suspension of prison’s visits in March 2020, had made it impossible to be able to commit
such crimes. Mr. El-Baker’s lawyer requested his client’s release, arguing that the
interrogation was invalid because he had not been confronted with evidence of the
accusations.
19.
The pretrial detention of Mr. El-Baker was then ordered for 15 days, pending
investigations under the new case. The source notes that his pretrial detention is still being
calculated in relation to the first case, No. 1356/2019, and that the start of the second pretrial
detention period will be calculated once the two-year limit on pretrial detention on his first
case has been reached, if no trial date is set.
20.
Since 31 August 2020, Mr. El-Baker’s pretrial detention has been periodically
renewed every 45 days, most recently on 22 December 2020, under the first case, No.
1356/2019. He remains detained in Tora Maximum Security Prison.
21.
On 23 November 2020, Mr. El-Baker’s name was included, along with 27 other
political figures and human rights defenders, on the country’s terrorism list, through a
decision by Cairo Criminal Court. As a result, he is subject to a travel ban of five years, and
the freezing of his assets for three years.
22.
Mahinour Mohamed Abdel-Salam Mohamed el-Masry is an Egyptian citizen, born in
1986, who used to live in Alexandria. She is a human rights lawyer who works to promote
judicial independence and prisoners’ rights, by organizing peaceful protests, raising
awareness through social media, and organizing support for political prisoners in the form of
solidarity events and fundraising to cover bail for prisoners.
23.
According to the information received, on 22 September 2019, Ms. El-Masry was
representing one of her clients at an investigations hearing before the Supreme State Security
Prosecution in the Fifth Settlement in Cairo. She had handed over her mobile phone at the
building’s gate, because it was prohibited for civilians to keep their mobile phones with them
while in the premises. Ms. El-Masry later went out to make a phone call. While she was on
the phone, a State Security agent took her mobile phone, and she was then taken into a
minibus and transferred to State Security premises.
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