A/HRC/WGAD/2021/79 42. Moreover, article 19 of the Universal Declaration of Human Rights states that everyone has the right to freedom of opinion and expression. This right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. In addition, article 19 of the Covenant guarantees the right of freedom of expression to everyone. 43. In this respect, the Human Rights Committee established that restrictions on this right must not be overbroad. The Committee observed, in its general comment No. 27 (1999), that restrictive measures must conform to the principle of proportionality, be appropriate to achieve their protective function, be the least intrusive instrument among those that might achieve the desired result and be proportionate to the interest to be protected. The principle of proportionality has to be respected not only in the law that frames the restrictions but also by the administrative and judicial authorities in applying the law. The principle of proportionality must also take account of the form of expression at issue, as well as the means of its dissemination. For instance, the value placed by the Covenant upon uninhibited expression is particularly high in the circumstances of public debate in a democratic society concerning figures in the public and political domain.5 44. The source argues that the conviction in one of the cases, for which Mr. El-Elaimy was sentenced to one year in prison, is in violation of his freedom of expression, as it is directly related to his television interview with BBC News Arabic in 2017, in which he spoke about the human rights violations committed by the Egyptian authorities. iii. Category III 45. The source claims that Ms. Abdelhalim’s and Mr. El-Elaimy’s detention are arbitrary under category III, given that they have allegedly been denied their right to a fair trial with guarantees of due process. 46. Principle 15 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment provides that communication of the detained or imprisoned person with the outside world, and in particular his or her family or counsel, is not to be denied for more than a matter of days. In its general comment No. 32 (2007), the Human Rights Committee provided that a detainee had the right to have prompt access to legal counsel, 6 which means that a lawyer is to be granted the right to have private communication and meetings with the detainee and to attend all the hearings and other evidence collection procedures without interference or restrictions. 47. The detainee should also have access to an effective counsel, which means, according to principle 21 of the Basic Principles on the Role of Lawyers, it is the duty of the competent authorities to ensure lawyers have access to appropriate information, files and documents in their possession or control in sufficient time to enable lawyers to provide effective legal assistance to their clients. Such access should be provided at the earliest appropriate time. The effectiveness of the legal counsel is related to the principle of equality of arms, as enshrined in article 11 of the Universal Declaration of Human Rights, which draws on the right of detainees to be given the time and facilities necessary to prepare and present their defence, with legal counsel. 48. In the cases of Ms. Abdelhalim and Mr. El-Elaimy, the source alleges that the right to prompt and effective legal counsel has been totally denied by the authorities. They have been completely prevented from communicating with their lawyers during their detention. 49. According to the source, the Supreme State Security Prosecution is a special branch of the Public Prosecution that has more powers when it comes to detaining suspects. 7 When indicted, defendants are referred to one of three categories of special courts: emergency State security courts, terrorism circuits or military courts. 5 6 7 6 Human Rights Committee, general comment No. 34 (2011). Para. 34. Amnesty International, Permanent State of Exception: Abuses by the Supreme State Security Prosecution (2019).