Advance unedited version A/HRC/WGAD/2022/ 62. In this regard, the source claims that the right to attain the highest standard of physical and mental health is protected under article 12 of the International Covenant on Economic, Social and Cultural Rights, article 16 of the African Charter and rules 25 and 27 of the United Nations Standard Minimum Rules for the Treatment of Prisoners. The source stresses that 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. 63. In light of the alleged deteriorating health condition of Messrs. Abdel Aziz, Sahloob, Khalil, and Ali, and the Egyptian authorities’ refusal to allow them to access proper medical examination and treatment, the source concludes that their right to access adequate health care has been violated. 64. For the reasons mentioned above, the source concludes that the detention of Messrs. Abdel Aziz, Sahloob, Khalil, and Ali is arbitrary under category III. Response from the Government 65. On 5 November 2021 the Working Group transmitted the allegations from the source to the Government under its regular communications procedure. The Working Group requested the Government to provide, by 4 January 2022, detailed information about the current situation of Messrs. Omar Abdel Aziz Mohammed Abdel Aziz, Khaled Mohamed Abdel Raouf Sahloob, Hossam Abdel Razek Abdel Salam Khalil and Mohammed Abdel Aziz Farag Ali and to clarify the legal provisions justifying their continued detention, as well as its compatibility with Egypt’s obligations under international human rights law, and in particular with regard to the treaties ratified by the State. Moreover, the Working Group called upon the Government of Egypt to ensure their physical and mental integrity. 66. Regrettably the Government of Egypt has not responded to this communication, nor did it request for an extension of the time limit for its reply in accordance with paragraph 16 of the Working Group’s method of work. Discussion 67. In the absence of a response from the Government, the Working Group has decided to render the present opinion, in conformity with paragraph 15 of its methods of work. 68. In determining whether the deprivation of liberty of Messrs. Abdel Aziz, Sahloob, Khalil, and Ali is arbitrary, the Working Group has in its jurisprudence established the ways in which it deals with evidentiary issues. If the source has established a prima facie case for breach of international law constituting arbitrary detention, the burden of proof should be understood to rest upon the Government if it wishes to refute the allegations. 2 In the present case, the Government has chosen not to challenge the prima facie credible allegations made by the source. 69. The Working Group wishes to reaffirm that States have the obligation to respect, protect and fulfil all human rights and fundamental freedoms, including the liberty of person, and that any national law allowing deprivation of liberty should be made and implemented in conformity with the relevant international standards set forth in the Universal Declaration of Human Rights, the Covenant and other applicable international and regional instruments. 3 Consequently, even if the detention is in conformity with national legislation, regulations and practices, the Working Group is entitled and indeed obliged to assess the circumstances of 2 3 8 See A/HRC/19/57, para. 68. See General Assembly resolution 72/180, preambular para. 5; Human Rights Council resolution 41/2, preambular para. 2; and resolution 41/17, preambular para.1. See also Commission on Human Rights resolutions 1991/42, para. 2, and 1997/50, para. 15; Human Rights Council resolutions 6/4, para. 1 (a), and 10/9, para. 4 (b); opinions No. 41/2014, para. 24; No. 42/2019, para. 43; No. 13/2020, para. 39; and No. 32/2020, para. 29.