A/HRC/WGAD/2021/45
Concluding remarks
106. The Working Group notes with concern that the four human rights defenders and
lawyers were subjected to prolonged periods of pretrial detention. This was achieved by
extending the legal period under which these persons could be held in detention during the
investigation and while awaiting trial, by different authorities, without being convicted.
When such a period elapsed and the authorities were faced with having to convict the
individuals or release them, the authorities introduced fresh charges and new proceedings,
thus reinitiating the period of pretrial detention. The result was that these individuals have
been subjected to an indefinite detention, which has constituted the rule rather than the
exception, contrary to international law, including article 9 (3) of the Covenant. The Working
Group is worried that this can constitute a broader and systematic pattern in Egypt, where
authorities may be using the repeated renewal of pretrial detention and bringing additional
charges against human rights defenders and lawyers, to prevent them from carrying out their
work, such as documenting and denouncing human rights violations.
107. The Working Group is concerned about the deterioration of the health of Mr. ElBaker, Ms. El-Masry, Mr. Imam and Ms. Hassan due to the poor prison conditions. The
source has also alleged that family contact is heavily restricted, in violation of the right to
contact the outside world under rules 43 (3) and 58 (1) of the United Nations Standard
Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), and principles
15 and 19 of the Body of Principles for the Protection of All Persons under Any Form of
Detention or Imprisonment. The Working Group recalls that it is the duty of all Governments
to treat their detainees with humanity and respect for their inherent dignity as a human being,
as stipulated in rule 1 of the Nelson Mandela Rules.
108. The Working Group requests the Government to ensure that all acts of intimidation
against individuals who cooperate with the United Nations, such as Mr. El-Baker, who
collaborated with the universal periodic review of the Human Rights Council, cease; that an
impartial and effective investigation is carried out in relation to such acts; and that those
responsible are brought to justice. The Working Group refers the present case to the focal
point on reprisals of the Coordination Committee of Special Procedures and to the Assistant
Secretary-General for Human Rights, to lead the efforts of the United Nations to put an end
to intimidation and reprisals against those cooperating with it on human rights-related
matters.
Disposition
109.
In the light of the foregoing, the Working Group renders the following opinion:
The deprivation of liberty of Mohamed Hassan Mohamed Salaheldin el-Baker,
Mahinour Mohamed Abdel-Salam Mohamed el-Masry, Amr Mohamed Adel Imam
Mohamed Mostafa and Hoda Abdel Moneam Abdel Aziz Hassan, being in
contravention of articles 3, 8 and 9 of the Universal Declaration of Human Rights and
articles 9 and 16 of the International Covenant on Civil and Political Rights, is
arbitrary and falls within categories I, II and V.
In addition, the deprivation of liberty of Mohamed Hassan Mohamed Salaheldin elBaker, Amr Mohamed Adel Imam Mohamed Mostafa and Hoda Abdel Moneam
Abdel Aziz Hassan is also in contravention of articles 10 and 11 of the Universal
Declaration of Human Rights and articles 9 and 14 of the International Covenant on
Civil and Political Rights, is arbitrary and falls within category III.
110. The Working Group requests the Government of Egypt to take the steps necessary to
remedy the situation of Mr. El-Baker, Ms. El-Masry, Mr. Imam and Ms. Hassan 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.
111. The Working Group considers that, taking into account all the circumstances of the
case, the appropriate remedy would be to release Mr. El-Baker, Ms. El-Masry, Mr. Imam and
Ms. Hassan immediately and accord them an enforceable right to compensation and other
reparations, in accordance with international law. In the current context of the global
coronavirus disease (COVID-19) pandemic and the threat that it poses in places of detention,
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