Advance unedited version
A/HRC/WGAD/2022/
unknown location and subjected to enforced disappearance for four months. It is claimed that
he was taken to the National Security premises in Lazoghly.
33.
The source states that numerous official complaints (telegrams) were submitted to the
public prosecutor and the minister of interior on Mr. Ali’s behalf, inquiring about his
disappearance. Reportedly, none of these complaints were answered.
34.
On 25 November 2015, Mr. Ali appeared for the first time before the prosecution in
Shubra Al Khaymah Police Station. He was charged under Military Case No. 4994/2015 with
joining an illegal group, attempting to overthrow the regime, and possessing weapons and
ammunition, and under Case No. 28304/2015 with similar charges.
35.
The source notes that the Court found Mr. Ali innocent in the first case but sentenced
him to 10 years in prison in the second. The sentence became final after the Court rejected
his appeal. Mr. Ali is currently serving his sentence in Wadi Al-Natrun Prison 440.
36.
During his enforced disappearance, the source alleges that Mr. Ali was subjected to
ill-treatment and severe torture in order to coerce him to confess against himself. He was
reportedly beaten and electrocuted all over his body, especially on his private parts, and
stayed blindfolded, handcuffed, and hanged by his arms through the entire period of his
disappearance. The source notes that, although Mr. Ali informed the judges of the torture
during a court hearing, no investigation was ordered.
37.
Further, the source explains that since he has been detained, Mr. Ali started suffering
from diabetes, blood pressure, and spinal cord compression. Although his health condition
has rapidly deteriorated, he has reportedly only been examined by a generalist and merely
been given painkillers. Furthermore, the source observes that Mr. Ali has been detained in
poor conditions, in a very small and overcrowded cell, with no ventilation, water or sanitary
facilities.
38.
Finally, it is reported that Mr. Ali’s family has been allowed to visit him once per
month, and deliver him food and life necessities during the visits. However, they have
allegedly been imposed very strict restrictions and were not authorized to deliver any
medication.
Legal analysis
39.
The source argues that Messrs. Abdel Aziz, Sahloob, Khalil and Ali have been
detained arbitrarily under categories I and III of the working methods of the Working Group
on Arbitrary Detention.
Category I
40.
The source alleges that the detention of Messrs. Abdel Aziz, Sahloob, Khalil and Ali
is arbitrary in so far as it violates their right to liberty. The source challenges the legality of
their arrest, their enforced disappearance, and Mr. Sahloob’s prolonged detention.
Legality of the Arrest
41.
The source recalls that article 9 of the Universal Declaration of Human Rights
(UDHR) prohibits arbitrary arrests, as a safeguard to the right to liberty guaranteed under
article 3 of the UDHR. According to the source, individuals’ right to be informed, at the time
of their arrest, of the reason for their arrest, and to be promptly informed of any charges
brought against them, is also protected under Principle 10 of the Body of Principles for the
Protection of All Persons under Any Form of Detention or Imprisonment (the “Body of
Principles”) and article 14(3) of the Arab Charter on Human Rights (ACHR), which the
source notes has been ratified by Egypt. The source further specifies that this right was
reiterated in the Human Rights Committee’s General Comment No. 35.
42.
For these reasons, the source concludes that Messrs. Abdel Aziz, Sahloob, Khalil and
Ali’s right to liberty was violated when they were arrested without being shown an arrest
warrant and without being provided any legal explanation for their arrest.
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