Advance unedited version
A/HRC/WGAD/2022/
109. The Working Group would welcome the opportunity to work constructively with the
Government to address arbitrary detentions in Egypt. The Working Group reiterates it
requests to the Government to allow the Working Group to undertake a country visit.
Disposition
110.
In the light of the foregoing, the Working Group renders the following opinion:
The deprivation of liberty of Omar Abdel Aziz Mohammed Abdel Aziz, Khaled
Mohamed Abdel Raouf Sahloob, Hossam Abdel Razek Abdel Salam Khalil and Mohammed
Abdel Aziz Farag Ali, being in contravention of articles 3, 6, 8, 9, 10 and 11 of the Universal
Declaration of Human Rights and articles 2, 9, 10, 14 and 16 of the International Covenant
on Civil and Political Rights, is arbitrary and falls within categories I and III.
111. The Working Group requests the Government of Egypt to take the steps necessary to
remedy the situation of Messrs. Abdel Aziz, Sahloob, Khalil and Ali without delay and bring
it into conformity with the relevant international norms, including those set out in the
Universal Declaration of Human Rights and the International Covenant on Civil and Political
Rights.
112. The Working Group considers that, taking into account all the circumstances of the
case, the appropriate remedy would be to release Messrs. Abdel Aziz, Sahloob, Khalil and
Ali immediately and accord them an enforceable right to compensation and other reparations,
in accordance with international law. In the current context of the global coronavirus disease
(COVID-19) pandemic and the threat that it poses in places of detention, the Working Group
calls upon the Government to take urgent action to ensure the immediate unconditional
release of Messrs. Abdel Aziz, Sahloob, Khalil and Ali.
113. The Working Group urges the Government to ensure a full and independent
investigation of the circumstances surrounding the arbitrary deprivation of liberty of Messrs.
Abdel Aziz, Sahloob, Khalil and Ali and to take appropriate measures against those
responsible for the violation of their rights.
114. In accordance with paragraph 33 (a) of its methods of work, the Working Group refers
the present case to the Special Rapporteur on the independence of judges and lawyers; the
Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment; the Special Rapporteur on the right of everyone to the enjoyment of the highest
attainable standard of physical and mental health for appropriate action and the Working
Group on Enforced or Involuntary Disappearance for appropriate action.
115. The Working Group requests the Government to disseminate the present opinion
through all available means and as widely as possible.
Follow-up procedure
116. In accordance with paragraph 20 of its methods of work, the Working Group requests
the source and the Government to provide it with information on action taken in follow-up
to the recommendations made in the present opinion, including:
(a)
Whether Messrs. Abdel Aziz, Sahloob, Khalil and Ali have been released and,
if so, on what date;
(b)
Whether compensation or other reparations have been made to Messrs. Abdel
Aziz, Sahloob, Khalil and Ali;
(c)
Whether an investigation has been conducted into the violation of these four
individuals’ rights and, if so, the outcome of the investigation;
(d)
Whether any legislative amendments or changes in practice have been made
to harmonize the laws and practices of Egypt with its international obligations in line with
the present opinion;
(e)
Whether any other action has been taken to implement the present opinion.
117. The Government is invited to inform the Working Group of any difficulties it may
have encountered in implementing the recommendations made in the present opinion and
15