A/HRC/WGAD/2021/45
24.
On 23 September 2019, Ms. El-Masry was interrogated by the prosecutor. She was
charged, under case No. 488/2019, with cooperating with a terrorist group and publishing
false news that endangered the public safety and interest.
25.
During the investigation, Ms. El-Masry enquired as to which group she was accused
of belonging and what false news she was accused of publishing. The prosecutor refused to
answer her questions. In addition, Ms. El-Masry’s lawyer asked the prosecution to present
the alleged arrest warrant. The prosecutor denied the lawyer’s request. The prosecution
ordered Ms. El-Masry to be held for 15 days in pretrial detention, pending investigations.
26.
Since her first appearance before the prosecution, Ms. El-Masry’s pretrial detention
was renewed every 15 days, until 29 January 2020, after which her case was transferred to
the counselling chamber at the Criminal Court of Cairo, which has the authority to renew the
pretrial detention for 45 days. Since then, the pretrial detention has been periodically renewed
every 45 days.
27.
Following her detention, Ms. El-Masry has been prevented from communicating with
other prisoners and was put under strict surveillance. From 10 March to 22 August 2020, she
was cut off from the outside world as a result of the suspension of prison visits, due to
restrictions related to COVID-19. Although prison visits resumed on 22 August, they were
still greatly restricted, as they took place under strict surveillance. Ms. El-Masry has been
denied the right to be visited by her lawyer in prison.
28.
On 30 August 2020, Ms. El-Masry was brought before the Supreme State Security
Prosecution for interrogation, where she learned that a new case, No. 855/2020, had been
filed against her, in which she was accused of joining an illegally established organization.
She was ordered to be held in pretrial detention under the new case.
29.
The pretrial detention on the first case against Ms. El-Masry was later renewed for 45
days, pending investigations. The preventive detention of Ms. El-Masry on the second case
will start once she is released from her first case or the two-year limit on pretrial detention is
reached, if no trial date is set.
30.
Since then, Ms. El-Masry’s pretrial detention has been continuously renewed every
45 days, most recently on 19 January 2021. During her last court hearing, Ms. El-Masry
informed judges about the situation in Al-Qanater Prison, where she has been detained since
her arrest. She pointed out that the prison had been overcrowded recently, which could
exacerbate risks related to COVID-19, due to the absence of physical distancing and hygiene
precautions.
31.
Amr Mohamed Adel Imam Mohamed Mostafa is an Egyptian citizen, born in 1980,
who used to live in Cairo. Mr. Imam used to work as a human rights lawyer at the Arabic
Network for Human Rights Information, a local Egyptian human rights organization.
32.
According to the information received, on 16 October 2019, at 2 a.m., Mr. Imam’s
house was raided by 12 agents, comprising four policemen in uniforms and eight national
security agents in plainclothes. They inspected the house, seized Mr. Imam’s mobile phone
and personal laptop, and arrested him without showing him a warrant or providing a legal
explanation for his arrest. Reportedly, he was then subjected to enforced disappearance for
35 hours by national security agents. On the morning of 16 October 2019, Mr. Imam’s family
sent official telegrams to the Office of Public Prosecution and the Minister of Interior about
his abduction and disappearance; however, they received no response.
33.
The source claims that, throughout his enforced disappearance, Mr. Imam was illtreated. He was handcuffed and blindfolded with a piece of cloth saturated with gasoline,
which caused severe pain in his eyes. The ill-treatment was allegedly a means of threatening
him. The national security agents further told him that his arrest was due to his work on case
No. 1338/2019, and because he announced his intention to go on a hunger strike in solidarity
with a famous activist. The activist in question had allegedly been kidnapped by security
forces in the street while driving her car, detained and tortured a week earlier, leading her to
go on a hunger strike.
34.
On 17 October 2019, at 1 p.m., Mr. Imam was brought before the Supreme State
Security Prosecution. He was charged, under case No. 488/2019, with joining a terrorist
4