A/HRC/WGAD/2021/79
and association and the right to participate in the governance of their country within the
framework of the Hope Coalition, which entailed joining with other activists in criticizing
the State. In the discussion above concerning category II, the Working Group established that
Mr. El-Elaimy’s and Ms. Abdelhalim’s detention had resulted from the peaceful exercise of
their rights under international law. When a detention results from the active exercise of civil
and political rights, there is a strong presumption that the detention also constitutes a violation
of international law on the grounds of discrimination based on political or other views. 43
99.
The Working Group finds that Mr. El-Elaimy and Ms. Abdelhalim were deprived of
their liberty on discriminatory grounds, that is, owing to their status as opposition of the
Government, and on the basis of their political or other opinion. Their deprivation of liberty
violated articles 2 and 7 of the Universal Declaration of Human Rights and articles 2 (1) and
26 of the Covenant and was arbitrary according to category V.
Disposition
100.
In the light of the foregoing, the Working Group renders the following opinion:
The deprivation of liberty of Zyad El-Elaimy and Louaya Sabri Alshahat Abdelhalim,
being in contravention of articles 2, 3, 7, 6, 9, 11, 19 and 20 of the Universal
Declaration of Human Rights and articles 2, 9, 14, 19, 21, 25 and 26 of the
International Covenant on Civil and Political Rights, is arbitrary and falls within
categories I, II, III and V.
101. The Working Group requests the Government of Egypt to take the steps necessary to
remedy the situation of Mr. El-Elaimy and Ms. Abdelhalim 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 Covenant.
102. The Working Group considers that, taking into account all the circumstances of the
case, the appropriate remedy would be to release Mr. El-Elaimy and Ms. Abdelhalim
immediately and accord them an enforceable right to compensation and other reparations, in
accordance with international law. In the current context of the global 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 Mr. ElElaimy and Ms. Abdelhalim.
103. The Working Group urges the Government to ensure a full and independent
investigation of the circumstances surrounding the arbitrary deprivation of liberty of Mr. ElElaimy and Ms. Abdelhalim and to take appropriate measures against those responsible for
the violation of their rights.
104. In accordance with paragraph 33 (a) of its methods of work, the Working Group refers
the present case to the Working Group on Enforced or Involuntary Disappearances and the
Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
for appropriate action.
105. The Working Group requests the Government to disseminate the present opinion
through all available means and as widely as possible.
Follow-up procedure
106. 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)
what date;
Whether Mr. El-Elaimy and Ms. Abdelhalim have been released and, if so, on
(b)
Whether compensation or other reparations have been made to Mr. El-Elaimy
and Ms. Abdelhalim;
43
14
Opinions No. 59/2019, para. 79; No. 13/2018, para. 34; and No. 88/2017, para. 43.