A/HRC/WGAD/2021/45
case, the Government has chosen not to challenge the prima facie credible allegations made
by the source.
62.
The source claims that the detentions of Mr. El-Baker, Ms. El-Masry, Mr. Imam and
Ms. Hassan constitute arbitrary deprivation of their liberty under categories I, II, III and V.
Category I
63.
The source maintains that the detention of the four human rights defenders are
arbitrary under category I as there was no legal basis for them. There was, according to the
source, complete disregard of the prohibition of arbitrary arrest and detention under various
provisions of international human rights law.
64.
The source claims that, in the circumstances surrounding the arrests of the four
individuals, it is impossible to invoke any legal basis justifying their deprivation of liberty.
None of them was shown an arrest warrant at the moment of the deprivation of their liberty.
Moreover, they were each falsely accused, using trumped-up charges, which reportedly are
always used against political opponents and human rights defenders in Egypt. The charges
were, according to the source, too broad, vague and general; for instance, the Prosecution did
not specify to which group the human rights defenders were accused of belonging.
65.
The Working Group notes that Mr. El-Baker was arrested on 29 September 2019,
while he was at the Supreme State Security Prosecution in the Fifth Settlement in Cairo,
representing one of his clients – an activist and human rights defender – at an investigation
hearing. He was not shown an arrest warrant at the time of the arrest. The source further
alleged that while handcuffed and in the absence of his lawyer, the Prosecution interrogated
Mr. El-Baker about his engagement with the universal periodic review mechanism and later
accused him of publishing false news, belonging to a terrorist group and receiving funds to
carry out the goals of that group. He was ordered to be held in pretrial detention for 15 days,
pending investigations. Mr. El-Baker was then taken to an unknown location, and reportedly
subjected to enforced disappearance for 24 hours.
66.
As for Ms. El-Masry, the information from the source indicates that on 22 September
2019, she was also representing one of her clients at an investigations hearing before the
Supreme State Security Prosecution in the Fifth Settlement in Cairo. When she later went out
to make a phone call, a State Security agent took her mobile phone, and she was then taken
in a minibus to State Security premises. The following day, on 23 September 2019, she was
interrogated by the prosecutor and charged, under case No. 488/2019, with cooperating with
a terrorist group and publishing false news that endangered the public safety and interest. The
prosecutor refused to answer her questions, as to which group she was accused of belonging
and what false news she was accused of publishing. The Prosecution also rejected Ms. ElMasry’s lawyer’s request to present the alleged arrest warrant. The Prosecution ordered Ms.
El-Masry to be held for 15 days in pretrial detention, pending investigations.
67.
As regards Mr. Imam, the information from the source indicates that on 16 October
2019, at 2 a.m., Mr. Imam’s house was raided by 12 agents, comprising four police officers
in uniforms and eight national security agents in plainclothes. His house was searched, and
his mobile phone was seized, along with his personal laptop. In addition, he was arrested
without being shown an arrest warrant or being provided with a legal explanation for his
arrest. The source reports that Mr. Imam was then subjected to enforced disappearance for
35 hours by national security agents. Official telegrams were sent on 16 October 2019 by Mr.
Imam’s family to the Office of Public Prosecution and the Minister of Interior about his
abduction and disappearance; however, they received no response.
68.
Mr. Imam was allegedly ill-treated during his enforced disappearance as he was
handcuffed and blindfolded with a piece of cloth saturated with gasoline. This was reportedly
designed to induce fear in him. The National Security Agents further told him that his
abduction was due to his work on case No. 1338/2019, and because he announced his
intention to go on a hunger strike in solidarity with a famous activist. The activist in question
had allegedly been kidnapped by security forces in the street while driving her car, after
having been detained and tortured a week earlier, leading her to go on a hunger strike.
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