Advance unedited version
A/HRC/WGAD/2022/
United Nations Standard Minimum Rules for the Treatment of Prisoners (the “Nelson
Mandela Rules”). This right includes access to timely and appropriate health care, but also to
underlying determinants of health, such as adequate food, water, and sanitation. It is further
observed that sick prisoners whose health require specialist treatment must be transferred to
specialized institutions or civil hospitals and the failure to provide access to adequate health
care violates the right to health. Poor health deprives detainees of their ability to adequately
prepare their defence, in violation of article 14 of the Covenant. The Working Group refers
this case to the Special Rapporteur on the right of everyone to the enjoyment of the highest
attainable standard of physical and mental health for appropriate action.
104. All circumstances considered, the Working Group thus concludes that the detention
of the four individuals violated their fair trial rights and that these violations were of such
gravity as to render their detention arbitrary under category III.
Concluding remarks
105. The Working Group expresses its grave concern that when Mr. Abdel Aziz was first
arrested on 27 November 2014, he was still a minor and yet the authorities made no attempt
to treat him in a manner prescribed by international law and consistent with his status as a
minor throughout the arrest, detention, and trial.
106. The Working Group is also deeply disturbed at the treatment to which all four
individuals were subjected, including the detention conditions in which they are reportedly
held, an allegation which the Government has chosen not to deny. In particular, the Working
Group expresses grave concern regarding the unrebutted allegation that, as a result of various
complaint filed on his behalf, Mr. Khalil was placed in a special disciplining cell in which he
does not have a bathroom and is banned from receiving visitors. The Working Group wishes
to remind the Government that prolonged solitary confinement in excess of 15 consecutive
days is prohibited under rules 43 (1) (b) and 44 of the Nelson Mandela Rules. The Working
Group is also obliged to remind the Government of Egypt of its duty to treat all persons
deprived of their liberty with humanity and respect for the inherent dignity of the human
person, in accordance with article 10 of the Covenant and rule 1 of the Nelson Mandela Rules.
107. The Working Group is further concerned about the limited contact that Messrs. Abel
Aziz, Sahloob, Khalil and Ali have had with their family. The source has reported, and the
Government has not denied, that Messrs. Abel Aziz and Sahloob were entirely denied their
rights to be visited by their families, while Messrs. Khalil and Ali were only allowed to family
visits once a month. The Working Group feels obliged to remind the Government that the
right to communicate with the outside world and be visited by one’s family is a fundamental
safeguard against human rights violations, including torture, ill-treatment, and enforced
disappearance. The Working Group recalls that principle 15 of the Body of Principles
provides that “communication of the detained or imprisoned person with the outside world,
and in particular his family or counsel, shall not be denied for more than a matter of days”.
The denial of family contact may also amount to a violation of principle 19 of the Body of
Principles.
108. The Working Group notes that the present opinion is only one of many opinions in
recent years in which the Working Group finds the Government to be in violation of its
international human rights obligations. 17 The Working Group is concerned that this indicates
a systemic problem with arbitrary detention in Egypt, which, if it continues, may amount to
a serious violation of international law. The duty to comply with international human rights
standards rests with all State organs, officers and agents as well as all other natural and legal
persons. The Working Group recalls that, under certain circumstances, widespread or
systematic imprisonment or other severe deprivation of liberty in violation of the rules of
international law may constitute crimes against humanity. The Working Group has alluded
to this possibility in its past opinions concerning Egypt.
17
14
See, for example, opinions No. 6/2016, No. 7/2016, No. 41/2016, No. 42/2016, No. 54/2016, No.
60/2016, No. 30/2017, No. 78/2017, No. 83/2017, No. 26/2018, No. 27/2018, No. 47/2018, No.
63/2018, No. 82/2018, No. 87/2018, No. 21/2019, No. 29/2019, No. 41/2019, No. 42/2019, No.
65/2019, No. 77/2019, No. 6/2020 and No. 80/2020.