A/HRC/WGAD/2021/42
Disposition
80.
In the light of the foregoing, the Working Group renders the following opinion:
The deprivation of liberty of Hisham Abdelaziz Gharib and Bahaaeldin Ibrahim
Nemaalla Elsayed, being in contravention of multiple provisions of international
human rights instruments and standards, including articles 3, 9, 19, 20 and 21 of the
Universal Declaration of Human Rights, principles 2, 4 and 10 of the Body of
Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment and articles 2 (1) and (3), 9, 14, 16, 19 and 26 of the International
Covenant on Civil and Political Rights, is arbitrary and falls within categories I, III
and V.
81.
The Working Group requests the Government of Egypt to take the steps necessary to
remedy the situation of the two individuals 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 International Covenant on Civil and Political Rights.
82.
The Working Group considers that, taking into account all the circumstances of the
case, the appropriate remedy would be release Mr. Gharib and Mr. Elsayed immediately and
to 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 release of Mr. Gharib and Mr. Elsayed.
83.
The Working Group urges the Government to ensure a full and independent
investigation of the circumstances surrounding the arbitrary detentions and treatment of Mr.
Gharib and Mr. Elsayed and to take appropriate measures against those responsible for the
violation of their rights.
84.
In accordance with paragraph 33 (a) of its methods of work, the Working Group refers
the present case to the Special Rapporteur on the promotion and protection of the right to
freedom of opinion and expression, the Special Rapporteur on the right of everyone to the
enjoyment of the highest attainable standard of physical and mental health and the Special
Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, for
appropriate action.
85.
The Working Group requests the Government to disseminate the present opinion
through all available means and as widely as possible.
Follow-up procedure
86.
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)
Whether Mr. Gharib and Mr. Elsayed have been released and, if so, on what
date;
(b)
Whether compensation or other reparations have been made to Mr. Gharib and Mr.
Elsayed;
(c)
Whether an investigation has been conducted into the violation of their rights
and, if so, the outcome of the investigation;
(d)
Whether any legislative amendments or changes in practice have been made to
harmonize the laws and practices of Egypt with its international obligations in line with the
present opinion;
(e)
Whether any other action has been taken to implement the present opinion.
87.
The Government is invited to inform the Working Group of any difficulties it may
have encountered in implementing the recommendations made in the present opinion and
whether further technical assistance is required, for example through a visit by the Working
Group.
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