A/HRC/WGAD/2021/42
37.
Detainees should also have access to effective counsel. In accordance with the Basic
Principles on the Role of Lawyers, this means that it is the duty of the competent authorities
to ensure that 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 and that such access should be provided at the earliest appropriate time. The
effectiveness of legal counsel is fundamentally related to the principle of equality of arms,
which is enshrined in article 11 of the Universal Declaration of Human Rights and which
draws on the right of detainees to be given the time and facilities necessary to prepare and
present their defence with counsel, for when the trial takes place.
38.
In the cases of Mr. Gharib and Mr. Elsayed, the source claims that the right to have
prompt access to effective legal counsel has been denied, as the two men have been prevented
by the authorities from communicating with their lawyers while in detention.
39.
The rights of all detainees to communicate with the outside world and to be visited by
family are fundamental safeguards against any attempts by the authorities to violate their
human rights, including through torture or other ill-treatment and through enforced
disappearance.
40.
According to article 17 (2) (d) of the International Convention for the Protection of
All Persons from Enforced Disappearance, detained and imprisoned individuals have the
right to communicate and be visited by their families. The right to receive visits applies to all
detainees, regardless of the offence of which they are suspected or accused. In line with
principle 19 of the Body of Principles for the Protection of All Persons under Any Form of
Detention or Imprisonment, this right could be subject only to reasonable conditions and
restrictions as specified by law or lawful regulations.
41.
The source claims that Mr. Gharib and Mr. Elsayed have been prevented from
receiving family visits and that, when such visits have been allowed, they have been subject
to restrictions (for example, they can occur only once a month) with no legitimate aim.
42.
As stipulated in the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, detainees should be protected from any practices that
violate their right to be free from any acts that could cause severe pain or suffering, whether
physical or mental, and that are inflicted intentionally on a person. According to the
Committee against Torture, the right to freedom from torture and other ill-treatment or
punishment is absolute. In other words, it applies in all circumstances and may never be
restricted, including in times of war or during states of emergency. No exceptional
circumstances whatsoever, including threats of terrorism or other violent crimes, may be
invoked to justify torture or other ill-treatment. That prohibition applies irrespective of the
offence allegedly committed by the accused person.
43.
According to the source, Mr. Gharib and Mr. Elsayed have been subjected to torture
and other ill-treatment by the authorities to coerce them into confessing their guilt and to
humiliate them. Torture and other ill-treatment have reportedly caused severe bodily pain to
the detainees and endangered their mental and physical well-being.
44.
Every detainee has the right to the highest attainable standard of physical and mental
health. This right extends not only to timely and appropriate health care but also to underlying
determinants of health, such as adequate food, water and sanitation. Moreover, sick prisoners
whose health conditions require specialist treatment should be transferred to specialized
institutions or civil hospitals. Failure to provide access to adequate medical care violates the
right to health.
45.
Mr. Gharib and Mr. Elsayed have allegedly been denied adequate medical attention
and treatment by the prison authorities despite suffering from grave health conditions that
need urgent and effective medical care.
Response from the Government
46.
In accordance with its methods of work, on 20 May 2021, the Working Group
transmitted to the Government of Egypt a communication concerning Mr. Gharib and Mr.
Elsayed. The Government has not replied, however, to the communication, nor has it
requested an extension of the time limit for its reply as provided for in paragraph 16 of the
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