A/HRC/WGAD/2021/42 52. According to the information received, on 20 June 2019 Mr. Gharib was deceived into returning to Cairo International Airport to get his passport back, only to be apprehended at the airport by an immigration officer and taken to the National Security Agency to be interrogated for six hours. Mr. Gharib had his personal belongings searched, his family’s luggage was searched and his passport and mobile telephone were confiscated. He was later kidnapped by National Security Agency and police officers, some in uniform and some in plainclothes, and dragged to an unknown location, possibly the National Security Agency headquarters in the Fifth Settlement. The reasons for his arrest and detention were not made known to him at the time of arrest, nor was a warrant presented to him. It was not until 24 June 2019 that his family came to learn that he was being held at Tora Prison for allegedly belonging to a prohibited group and spreading false news. 53. Mr. Gharib’s pretrial detention was “renewed periodically for 15 days” until 5 December 2019, when his release on bail was ordered. Despite having satisfied the bail conditions, Mr. Gharib was not released but reportedly subjected to enforced disappearance for 41 days, allegedly at the National Security Agency premises in the Fifth Settlement and only appeared before the prosecution on 20 January 2020. This time, he was presented with new but similar charges, in other words he was accused of joining a prohibited group and spreading false news. 54. The Working Group finds that Mr. Gharib was placed in pretrial detention in the absence of a judicial review of its legality, in violation of the right to be brought promptly before a judicial authority enshrined in article 9 (3) of the Covenant. In reaching this conclusion, the Working Group reiterates that failure to afford a detainee the right to judicial review of his or her detention is inconsistent with international human rights law. Thus, the pretrial detention of Mr. Gharib, which commenced without a warrant and was not been judicially controlled or reviewed, lacked legal basis. 55. In respect of Mr. Elsayed, the source reports that he was arrested at the airport after he had obtained a new passport and as he was seeking to travel to Doha for a third time. Mr. Elsayed was then subjected to enforced disappearance by a number of National Security Agency and police officers, some in uniform and some in plainclothes, for nearly three months, allegedly at National Security Agency headquarters in Abis and the central security camp in Marghem. 56. The source claims that, after 75 days of being held in a place undisclosed to his family and legal representatives, Mr. Elsayed appeared before the prosecution on 6 May 2020. He was accused of joining a terrorist group while knowing its objectives and of spreading false news (case No. 1365/2018). After that time, his pretrial detention at Tora Prison was “renewed periodically for 15 days” pending investigations. 57. The Working Group finds that, in order to invoke a legal basis for the deprivation of liberty, the authorities should have exhibited a warrant or, at a minimum, informed Mr. Gharib and Mr. Elsayed of the reasons for the deprivation of their liberty at the time of the arrest and should have promptly informed them of the charges against them. Their failure to do so violated article 9 of the Universal Declaration of Human Rights, article 9 of the Covenant and principle 10 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment. It also renders their arrests devoid of any legal basis. 58. The Working Group reiterates that, according to article 9 (3) of the Covenant, pretrial detention should be the exception rather than the norm. Moreover, it should be ordered for the shortest time possible. Detention pending trial must thus be based on an individualized determination that it is reasonable and necessary for such purposes as to prevent flight, interference with evidence or the recurrence of crime. 59. The Working Group notes the source’s submission that Mr. Gharib and Mr. Elsayed were not brought promptly before a judge during their detention – that is, within 48 hours of 44/2019, para. 52; No. 45/2019, para. 51; No. 46/2019, para. 51; No. 65/2019, para. 59; No. 71/2019, para. 70; No. 72/2019, para. 40; No. 82/2019, para. 74; No. 6/2020, para. 39; No. 11/2020, para. 37; No. 13/2020, para. 46; No. 14/2020, para. 49; No. 31/2020, para. 40; No. 32/2020, para. 32; No. 33/2020, paras. 53 and 71; and No. 34/2020, para. 44. 7