Annex Reference to international human rights law In connection with the above alleged facts and concerns, we call your Excellency’s Government’s attention to the absolute and non-derogable prohibition of torture or degrading treatment as codified in articles 2 and 16 of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), which Egypt acceded to in 1986; and in article 7 of the International Covenant on Civil and political Rights (ICCPR), which Egypt acceded to in 1982. Similarly, we recall the absolute nature of the prohibition of enforced disappearance pursuant to article 7 of the Declaration on the Protection of All Persons from Enforced Disappearance. Moreover, the prohibition of enforced disappearance and the corresponding duty to investigate and prosecute those responsible have attained the status of jus cogens. We would also like to recall that, in its resolution 7/12, the Human Rights Council urged Governments to take steps to provide adequate protection to witnesses of enforced or involuntary disappearances, human rights defenders acting against enforced disappearances and the lawyers and families of disappeared persons against any intimidation or ill-treatment to which they might be subjected. The protection of families of disappeared persons should be carried out regardless of the existence of criminal investigation. Furthermore, we draw your Excellency’s Government’s attention to the United Nations Declaration on the Protection of All Persons from Enforced Disappearances, which establishes that no State shall practice, permit or tolerate enforced disappearances. The Declaration also proclaims that each State shall take effective legislative, administrative, judicial or other measures to prevent and terminate acts of enforced disappearance in any territory under its jurisdiction. We further recall that the Declaration sets out the necessary guarantees to be offered by the State. In particular, articles 9, 10, 11, 12, 13 relate to the rights to a prompt and effective judicial remedy to determine the whereabouts of persons deprived of their liberty; to access of competent national authorities to all places of detention; to be held in an officially recognized place of detention, and to be brought before a judicial authority promptly after detention; to accurate information on the detention of persons and their place of detention being made available to their family, counsel or other persons with a legitimate interest; to the maintenance in every place of detention of official up-todate registers of all detained persons and on the States obligation to promptly, thoroughly and impartially investigate complaints of enforced disapperance. We reiterate Article 13, paras 3 and 5 which states that steps should be taken to protect all concerned persons against ill-treatment, intimidation or reprisal. We also make reference to the Working Group’s study on Enforced disappearance and economic, social and cultural rights (paras. 33 - 40). We would also like to refer your Excellency’s Government to article 9 of the Universal Declaration of Huma Rights (UDHR), prohibiting arbitration detentions, and article 9 of the ICCPR, enshrining the right to liberty and security of person. The latter establishes, in particular, that no one shall be deprived of his or her liberty except on such grounds and in accordance with such procedure as are established by law. As per the jurisprudence of the Working Group on Arbitrary Detention, any detention due to the peaceful exercise of rights may be arbitrary, and enforced 6

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